Provisional eligibility is where you are 3- or 4-years-old and don’t have a developmental disability, but can still get full regional center services. [1]Section 4512(a)(2) If you are provisionally eligible, the regional center must give you an Individual Program Plan and services. The regional center must assess you for eligibility at least 90 days before your 5th birthday. After that assessment, your eligibility and services will end if the regional center says you do not have a developmental disability. But, you can appeal that decision. You must appeal within 30 days to keep your eligibility during your appeal. You must appeal within 60 days to challenge the regional center’s decision at all. See Chapter 10 for timelines and how to appeal.
To be provisionally eligible, you must be age 3 or 4 and have a disability that is not just physical. You must also have major problems in at least 2 of these 5 areas of major life activity:
- Self-care;
- Receptive and expressive language;
- Learning;
- Mobility;
- Self-direction.
If you are an infant age 0-2 and get early intervention services, the regional center must assess you 90 days before your 3rd birthday to see if you have a developmental disability. If you do not, the regional center will assess you for provisional eligibility.[2]34 C.F.R. Secs. 303.209(c)(1); Cal. Ed. Code Sec. 56426.9(b); 17 C.C.R. Sec. 52112(a)
If one regional center says you are provisionally eligible, your provisional eligibility stays until you turn 5 years old. Also, you will be provisionally eligible at another of the 21 regional centers, if you move.