Basic Requirements
Before a student can receive special education programming and/or services, a number of criteria must by met which include:
Residency
- The student must be a resident of the district.
- The student must be registered in the district.
- The student must have a disability.
- A handicapping condition must result from the disability.
- The student must have an educational need.
- Appropriate procedural safeguards must be followed to guarantee the student of his/her civil rights.
Residency Situations
Residency is predicted upon the determination of legal custody and control of the student. Thus, it is possible to have several types of residency situations.
- The first and most frequent residency situation is that in which the parent or another adult and the student reside within the boundaries of the district and the parents or the other adult retain custody and control of the student.
- A second and less frequent residency situation is when the parents or another adult reside within the boundaries of the district, the student does not, but the parents or the other adult retain legal custody and control of the student.
- The third and last residency situation is when a state agency places the student within the boundaries of the district for domicile reasons and it assumes legal custody and control of the student. In this instance, the student is regarded as a ward of the state.
