IEP eligibility process

You start by making a referral for a special education evaluation. As a parent, you can write a letter or email to your school (such as the principal or special education coordinator) stating that you suspect your child has a disability and you are requesting a comprehensive evaluation for special education services. Teachers or other school staff can also initiate a referral. It’s best to put your request in writing and include any relevant concerns (for example, “I’m concerned my child may have a learning disability and would like an evaluation”). Once you give written consent for evaluation, the school will start the testing process.

The process generally goes as follows: 1) Referral – someone (parent, teacher, etc.) asks the school to evaluate the child. 2) Parental Consent – the school must get your written permission to conduct the evaluation. 3) Evaluation – a team of professionals (including teachers, psychologists, specialists, etc.) will assess your child in all areas of concern (academic testing, observations, etc.). 4) Eligibility Meeting – the IEP team (including you) reviews the evaluation results and determines if your child meets the criteria for special education. If yes, the team writes an IEP; if no, they might discuss other options (like a 504 plan).

The timeline can vary by state, but a common rule (under federal guidelines) is that once you give consent for the evaluation, the school has about 60 days to complete the testing and hold the eligibility meeting. Some states use 60 school days, others use 60 calendar days, and some have different timelines (for example, 30 school days). Your school should inform you of the relevant timeline. In practical terms, expect the process to take roughly 1–2 months from the time you sign the consent to the time a decision is made.

To qualify for an IEP, a child must have a disability that falls under one of the 13 categories defined in the IDEA law (such as Specific Learning Disability, Autism, Speech or Language Impairment, Emotional Disturbance, Intellectual Disability, Other Health Impairment, etc.). Common examples include dyslexia or dysgraphia (which fall under Specific Learning Disability), ADHD (often qualified under Other Health Impairment), autism spectrum disorder, hearing or vision impairment, and so on. However, simply having a diagnosis isn’t enough – the disability must also adversely affect the child’s educational performance and cause a need for special education services. In short, eligibility requires both an identified disability and evidence that the child needs specialized instruction as a result.

No, a medical diagnosis is not required to start or complete the special education evaluation process. Schools cannot insist that you get a doctor’s diagnosis before they evaluate or provide services. The school’s multidisciplinary team will conduct its own evaluations to determine if your child has an educational disability. That said, if you already have medical reports or a diagnosis (for instance, from a doctor or psychologist), it can be helpful to share that information – it will be considered as part of the evaluation. But lack of a formal medical diagnosis should not be a barrier. (One exception: for certain health-related disabilities like orthopedic impairments, schools often require medical input, but in those cases the district can arrange a medical evaluation if needed at no cost to you.)

Eligibility is decided by the IEP team at a meeting, after the evaluations are completed. This team includes school professionals (like a special education teacher, school psychologist, etc.) and you, the parent. They will review all the evaluation results together and determine whether your child meets the criteria for one of the IDEA disability categories and needs special education. The decision is a group decision, and you as a parent are an equal participant in that process. The team should explain the results to you and whether or not your child qualifies.

If the eligibility team decides your child does not qualify for an IEP and you disagree, you have a few options. You can request an Independent Educational Evaluation (IEE) – which means an outside evaluation by a qualified professional, paid for by the school in most cases – to get a second opinion. You can also ask for a re-evaluation later if new evidence of a disability emerges. Additionally, you could consider invoking dispute resolution procedures (such as a mediation or a due process hearing) to challenge the decision. It’s also worth discussing a 504 plan with the school: even if your child isn’t eligible for an IEP, they might still get help through a 504 plan if they have a disability that impacts their school performance (just not to the degree requiring special education).

Yes. If your child is found not eligible for an IEP, the school should explain why. But your child might be a candidate for a Section 504 plan instead, which can provide accommodations for disabilities that don’t meet the IEP criteria. For example, a mild disability or one that only requires accommodations (not specialized instruction) could be served with a 504 plan (extra time on tests, classroom adjustments, etc.). Additionally, schools often have intervention programs (like RTI – Response to Intervention) or other support services (reading specialists, counseling groups) that can help struggling students even without an IEP. Make sure to ask what the school can do informally or through a 504 plan to support your child.