In order to qualify for an IEP, one must meet Federal Disability criteria listed under IDEA (the federal disability law named Individuals with Disabilities Education Act). The States may then add on their own criteria—and eligibility criteria under state law cannot be narrower than eligibility criteria under federal guidelines.
How does an IEP Team determine whether or not a child meets the criteria? They must have a recognized federal disability under one of the following areas:
- Hearing impairment
- Both hearing and visually impaired
- Speech or language impairment
- Visually impaired
- Severe orthopedic impairment
- Limited in strength, vitality, or alertness due to chronic or acute health problems (typically abbreviated OHI for other health impairment)
- Autism
- Intellectual disability
- Emotional disturbance
- Specific learning disability
- Multiple disabilities
In addition to having one of these qualifying conditions, the assessment must show that the student’s disability impacts their educational performance AND requires special education.
How does this work?
Under ChildFind, schools are required to identify students who may have disabilities, tell the parents their concerns, and ask for permission to assess in all suspected areas of disability. Sometimes this happens, but often it does not.
When a parent is concerned about their child’s academic or social progress, they need to request that the school test their child to determine whether or not the child is eligible for special education. The best way to ask the school whether or not their child has a qualifying federal disability is to email at least two people at the district. This email is to request that the school test their child for an IEP or a 504 plan. It must include a detailed list of ALL parental concerns whether it be attention, academics, focus, planning, fine motor skills, gross motor skills, self-care, and anything else that comes to mind. This request MUST be in writing. We have spoken to parents who have verbally requested testing only to wait many years for a response. A written request starts federal disability timelines. The school has 15 calendar days to respond to the parent’s written request and either provide an assessment plan or deny the parent request.
For help at your child’s next IEP meeting, more information about our special education advocacy services, or for a FREE 20-minute consultation to see if we are a good fit for you, call or fill out our contact form.
As parents, we understand. As advocates, we can help.