Understanding Special Education Eligibility
Federal and State Education Law
Many parents are surprised to learn that a child with a medical diagnosis or a child who may be struggling in school does not always qualify for special education services. Special Education eligibility is determined by Federal and State law. Federal law (IDEA 2004, Part B) has 13 disability categories that states must use to determine if students, ages 3-21, are eligible to receive special education and related services. The federal law (IDEA) uses the following terms to define a “child with a disability”:
In Wisconsin, rules for eligibility criteria can be found in Wisconsin Administrative Code, Section PI 11.36. Wisconsin special education eligibility categories or impairment areas are: autism, intellectual disabilities, emotional behavioral disabilities, hearing impairments, orthopedic impairment, other health impairment, significant developmental delay, speech/language impairments, specific learning disabilities, traumatic brain injury, and visual impairments.
Wisconsin Department of Public Instruction (DPI) has developed eligibility criteria checklists for each of the above areas. At the conclusion of a student evaluation, a meeting is scheduled with the evaluation team and the parents, also called the IEP team. During this meeting, the team determines if the student meets the eligibility criteria based on the checklists. If a student is determined to meet eligibility criteria in one or more of the impairment areas, the IEP team must then consider whether the student needs special education. In other words, does the student have needs that cannot be met in the regular education classroom as structured? The student must meet both, the eligibility criteria and demonstrate a need that cannot be met in the regular education classroom, to be eligible for special education services.
All students receiving special education services have an individual education plan (IEP) developed by the IEP team. Special Education in Plain Language is a great resource and provides a step-by-step walkthrough of the evaluation process and IEP development. Parents may also really enjoy watching this video of simulations of a successful and unsuccessful IEP meeting, It walks parents and educators through some of important tips to remember when working together.
Due to the specific laws outlined above, there are many students who struggle in school due to ADHD, dyslexia, or other learning disabilities that do not qualify for special education services. In those cases, a 504 Plan may be appropriate. To learn more about 504 Plans, click here. You may also find it very helpful to be familiar with disability rights and testing accommodations by reviewing this Americans with Disabilities Act document.
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance
- A hearing impairment
- Intellectual Disability
- An orthopedic impairment
- Other health impairment
- A specific learning disability
- A speech or language impairment
- Traumatic brain injury
- A visual impairment including blindness
- Multiple disabilities
In Wisconsin, rules for eligibility criteria can be found in Wisconsin Administrative Code, Section PI 11.36. Wisconsin special education eligibility categories or impairment areas are: autism, intellectual disabilities, emotional behavioral disabilities, hearing impairments, orthopedic impairment, other health impairment, significant developmental delay, speech/language impairments, specific learning disabilities, traumatic brain injury, and visual impairments.
Wisconsin Department of Public Instruction (DPI) has developed eligibility criteria checklists for each of the above areas. At the conclusion of a student evaluation, a meeting is scheduled with the evaluation team and the parents, also called the IEP team. During this meeting, the team determines if the student meets the eligibility criteria based on the checklists. If a student is determined to meet eligibility criteria in one or more of the impairment areas, the IEP team must then consider whether the student needs special education. In other words, does the student have needs that cannot be met in the regular education classroom as structured? The student must meet both, the eligibility criteria and demonstrate a need that cannot be met in the regular education classroom, to be eligible for special education services.
All students receiving special education services have an individual education plan (IEP) developed by the IEP team. Special Education in Plain Language is a great resource and provides a step-by-step walkthrough of the evaluation process and IEP development. Parents may also really enjoy watching this video of simulations of a successful and unsuccessful IEP meeting, It walks parents and educators through some of important tips to remember when working together.
Due to the specific laws outlined above, there are many students who struggle in school due to ADHD, dyslexia, or other learning disabilities that do not qualify for special education services. In those cases, a 504 Plan may be appropriate. To learn more about 504 Plans, click here. You may also find it very helpful to be familiar with disability rights and testing accommodations by reviewing this Americans with Disabilities Act document.
Introduction to Special EducationThis is booklet published for parents by Wisconsin Department of Instruction explaining special education.
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Special Education Rights for Parents and ChildrenResources for procedural safeguards for parents.
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Wisconsin Statewide Parent-Educator InitiativeResources for parent involvement in education for children with disabilities.
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