What Qualifies a Student for an IEP in California Schools?
An IEP is a legal document that outlines specialized instruction and related services that enable a child with disabilities to make meaningful progress in their education. This process can be complicated for parents of children with disabilities.
At Woodsmall Law Group PC, our Southern California special education attorneys help parents throughout Los Angeles and the San Gabriel Valley understand their legal options. We can assist you if your child is not getting the services they’re legally entitled to receive.
Who Qualifies for an IEP in California?
An Individualized Education Program (IEP) is a legal document developed for students who qualify for special education under the Individuals with Disabilities Education Act (IDEA). The IEP outlines a student’s unique needs, goals, and the specific services the school must provide to support your child.
A student qualifies for an IEP when two criteria are met:
- The student fits into one of the 13 disability categories defined by IDEA.
- The disability adversely affects their educational performance and requires specially designed instruction or related services.
IEP Disabilities Listed Under IDEA
Understanding whether your child fits into one of these categories is key to learning how to qualify for an IEP. Here is a brief overview of the 13 disability categories defined by the IDEA:
- Autism
A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3. It may impact learning, behavior, and sensory responses. - Deaf-Blindness
A combination of hearing and visual impairments that causes severe communication and other developmental needs, requiring specialized education. - Deafness
A hearing impairment so severe that the student is impaired in processing linguistic information through hearing, with or without amplification. - Emotional Disturbance (ED)
A condition showing one or more of several characteristics over a long period and to a marked degree that adversely affects educational performance. This may include difficulties with learning, relationships, behavior, or mood regulation. - Hearing Impairment
An impairment in hearing (not classified as deafness) that adversely affects a child’s educational performance. - Intellectual Disability
Significantly subaverage general intellectual functioning with deficits in adaptive behavior, impacting educational performance. - Multiple Disabilities
A combination of impairments (e.g., intellectual disability and blindness) that cause such severe educational needs that they cannot be accommodated in a program designed for only one of the impairments. - Orthopedic Impairment
A physical impairment that adversely affects a child’s educational performance, such as congenital anomalies, diseases, or other causes. - Other Health Impairment (OHI)
Having limited strength, vitality, or alertness due to chronic or acute health problems (e.g., ADHD, diabetes, epilepsy) that adversely affects educational performance. - Specific Learning Disability (SLD)
A disorder in one or more of the basic psychological processes involved in understanding or using language, which may manifest in difficulties with listening, speaking, reading, writing, reasoning, or math. - Speech or Language Impairment
A communication disorder such as stuttering, impaired articulation, a language impairment, or voice impairment that adversely affects educational performance. - Traumatic Brain Injury (TBI)
An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, which affects educational performance. - Visual Impairment (Including Blindness)
An impairment in vision that, even with correction, adversely affects educational performance. This includes both partial sight and blindness.
The Special Education Evaluation Process
To determine eligibility, the school must conduct a comprehensive special education evaluation. In California, this process begins when a parent, teacher, or school staff suspects a disability. This timeline is mandated by California law.
Parental Request
Parents have the right to request an evaluation in writing at any time. Once the request is made, the school has 15 calendar days to respond with an assessment plan.
Consent to Evaluate
Once the parent signs the assessment plan, the school has 60 calendar days (excluding school breaks longer than 5 days) to complete the evaluation and hold an IEP meeting.
IEP Team
At the meeting, the IEP team will review the results and determine if the student qualifies under one or more of the IDEA 13 categories, and whether the child’s condition requires special education. An IEP team may include:
- One General Education Teacher
- At Least One Special Education Teacher or Provider
- A School District Representative
- A School’s Psychologist
- The Student
- Others with Knowledge or Expertise
IEP Meeting
During an IEP meeting, the team:
- Reviews the student’s evaluations and performance
- Identifies the student’s educational needs
- Develops measurable annual goals
- Determines appropriate accommodations and services
- Decides on placement and participation in general education
- Plans for transition services (as needed)
What If the School Says Your Child Doesn’t Qualify?
Sometimes schools will determine that a student does not meet the criteria for an IEP, even if they are clearly struggling. Here’s what you can do if that happens:
- Request an Independent Educational Evaluation (IEE): If you disagree with the school’s evaluation, you can request an outside evaluation at public expense.
- File a Compliance Complaint: You may file a complaint with the California Department of Education if you believe the school violated procedural rights or failed to assess appropriately.
- Request a Due Process Hearing: If your child was improperly denied services, you may request a hearing before an administrative law judge.
What Is a 504 Plan
A child who does not meet the criteria for an IEP could still be eligible to receive services through a 504 Plan. This is a formal plan developed by the school to give students with disabilities the support they need to access the general education curriculum. A 504 plan may provide extended time on tests, preferential seating, specialized learning tools and software, breaks during class, and other accommodations.
Legal Help for IEP Denials and Eligibility Disputes
If you are met with delays, denials, or vague answers, it’s time to seek legal guidance. At Woodsmall Law Group PC, we can:
- Review your child’s school records and assessments
- Help you request evaluations or challenge flawed ones
- Represent you in IEP meetings, resolution sessions, or due process hearings
- Ensure that federal IDEA rules and California education laws are upheld
Speak With a Special Education Attorney in Los Angeles
The legal process can feel daunting, but you don’t have to face it alone. A special education attorney can explain your legal options, attend IEP meetings, represent you in hearings, and fight to protect your child’s educational rights.
Call Woodsmall Law Group PC today at (626) 440-0028 to schedule your free consultation.
We are proud to serve families throughout San Gabriel Valley, Los Angeles, and Southern California with compassion and an unwavering commitment to your child’s future.