Step 4 of 8
Eligibility
After the evaluation is complete, the IEP team meets to review the results and determine whether the student is eligible for special education services. Eligibility requires both a qualifying disability AND an adverse effect on educational performance.
113 IDEA Disability Categories
IDEA recognizes 13 disability categories: 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.
2Eligibility Meeting Process
The eligibility meeting is held by the IEP team, which includes parents, general and special education teachers, an LEA representative, and relevant specialists. The team reviews evaluation results and determines eligibility by consensus.
3504 vs. IDEA — Which Applies?
If a student does not qualify under IDEA but has a disability that substantially limits a major life activity, they may be eligible for a 504 Plan under Section 504 of the Rehabilitation Act. A 504 Plan provides accommodations but not specially designed instruction.
4Disagreeing with the Decision
If you disagree with the eligibility determination, you may request an IEE, request mediation, or file a state complaint or due process hearing. You do not have to accept the team's decision.
5CA Eligibility Criteria
California uses the same 13 IDEA disability categories but may apply additional criteria. California also requires that the disability adversely affect educational performance and that the student need specially designed instruction.
Educational Information Only: This guide 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.