Special Education Eligibility
To receive special education services under IDEA, a student must have one of 13 recognized disability categories AND the disability must adversely affect educational performance, requiring specially designed instruction.
Key Rights
- ✓Parents may request an evaluation for special education at any time
- ✓The school must respond to an evaluation request within 15 days (California)
- ✓Parents must provide written consent before an evaluation begins
- ✓If the school declines to evaluate, they must provide written notice explaining why
- ✓Parents may request an Independent Educational Evaluation (IEE) if they disagree with the school's evaluation
School Responsibilities
- Respond to evaluation requests within 15 calendar days (California)
- Complete the evaluation within 60 days of parental consent (California: 60 school days)
- Evaluate in all areas of suspected disability
- Use a variety of assessment tools — not just one test
- Hold an eligibility meeting and provide parents with a written report
- Provide parents with a copy of the evaluation report at no cost
Federal Law
IDEA, 20 U.S.C. § 1401(3). The 13 IDEA disability categories are: Autism, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment.
California Law
CA SpecificCalifornia Education Code §§ 56320–56338. California requires evaluation within 60 school days of consent. California also recognizes additional eligibility criteria and requires that the IEP team include a specialist in the area of suspected disability.
What Parents Can Do
- 1Submit a written evaluation request to the school
- 2Ask for an explanation of each assessment used
- 3Bring an advocate or attorney to the eligibility meeting
- 4Disagree with the eligibility decision and request an IEE
- 5Request mediation or due process if you believe your child was wrongly found ineligible
Educational Information Only
This information is for educational purposes only and does not constitute legal advice. Laws and regulations may change. For advice about your specific situation, consult a qualified education law attorney.