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IEP Advocate IEP Disabilities Eligibility

What qualifies my child for an IEP?

idea iep eligibility special education advocacy Mar 31, 2024

As a parent new to special education, you might be wondering what exactly qualifies a child for an Individualized Education Program (IEP). This is a common question, and I’m here to help clarify the process for you.

Criteria for IEP Eligibility

To qualify for an IEP, your child must meet two main requirements:

  1. Have a disability: The disability must fall under one of the 13 categories defined by the Individuals with Disabilities Education Act (IDEA).
  2. Impact on education: The disability must affect your child's educational performance, meaning they need specialized instruction to succeed in school.

Having a diagnosed disability doesn’t automatically mean your child qualifies for an IEP. The impact on their education is what really matters.

The 13 Disability Categories

The IDEA recognizes the following 13 categories of disabilities:

  1. Autism
  2. Deaf-blindness
  3. Deafness
  4. Emotional disturbance
  5. Hearing impairment
  6. Intellectual disability
  7. Multiple disabilities
  8. Orthopedic impairment
  9. Other health impairment (including ADHD)
  10. Specific learning disability
  11. Speech or language impairment
  12. Traumatic brain injury
  13. Visual impairment, including blindness

Getting an Evaluation

If you think your child may need special education services, the first step is to request an evaluation from your school district. This evaluation is a comprehensive assessment that helps determine if your child has a disability and whether it affects their education.

You have the right to ask for this evaluation at any time, and the school must get your permission before they can proceed. The evaluation usually includes various tests, observations in the classroom, and a review of your child's educational history.

Academics and Beyond

"Educational performance" includes more than grades or content area learning. The U.S. Department of Education emphasizes that social, emotional, and behavioral needs also play a role. This means that even if your child is doing well academically, they might still qualify for an IEP if their disability significantly impacts other areas of their school life.

What If My Child Doesn’t Qualify?

If your child doesn’t meet the criteria for an IEP, there are still options available:

  1. 504 Plan: This plan provides accommodations for children with disabilities who may not need specialized instruction.
  2. Informal Supports: You can work with your child’s teachers to implement strategies that can help your child succeed in the classroom.
  3. RtI, MTSS: These are classroom and school level interventions that support all students..

Next Steps

If you’re considering an IEP for your child, I encourage you to explore the free resources available at Advocacy Unlocked. We offer helpful guidance, including free "Ask an Advocate" webinars and free consultations that can assist you in understanding the process better.

Remember, you are your child’s best advocate. Don’t hesitate to reach out for support and information as you work to ensure your child receives the education they need and deserve.