Does My Child Qualify For An IEP?

As you head into your first IEP meeting, you do not want to go in there blind. Instead, before you go into this meeting, you will want to understand the different ways your child may qualify for an IEP so that you can develop persuasive arguments, using the objective data at hand, to support a finding of eligibility by the IEP team.

For instance, when requesting an IEP assessment, most parents already suspect the various bases for the IEP eligibility, whether autism, ADHD, learning disability, etc. Using that information, they should research the qualification pathways for an IEP under their state law.

For instance, in California, you can qualify for an IEP if (1) the student has a disability (such as autism, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment [under which ADHD usually falls], specific learning disability, language or speech disorder, traumatic brain injury, or a visual impairment); and (2) by reason thereof requires special education and related services. Each disability category is defined by statute.

So, there are two separate elements that have to be established, first, that the disability exists and, second, that special education is required. On the disability element, for instance, if a parent suspects a child has a math or reading disability, the parent should research how to qualify for a specific learning disability in their state. In California, there are three ways a child can qualify for an IEP under the specific learning disability category. 

First, the student must have a severe discrepancy between his intellectual ability (i.e., his full-scale IQ (or general ability index, aka GAI, if more appropriate) and achievement in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation or mathematical reasoning. Typically, when comparing common standard scores, a difference of more than 22.5 points between the IQ or GAI and the skill at issue is required under the severe discrepancy model. To be clear, the IQ or GAI must be 22.5 points higher than the skill(s) at issue. Now that you know this, you can look at the district’s assessment report, find the IQ or GAI, depending on which is more appropriate, and then compare it against the math, reading or other academic skills (as detailed above) assessed to see if this is a category for which your child can qualify for an IEP. 

If you do not have all the needed information, or are unable to convert the scores to standard scores, you should be able to ask the school psychologist for the information (and sometimes it may even be detailed at the end of their report). If this category seems applicable, you will then make a list as to why you believe your child should qualify under this category, identifying the IQ or the GAI as well as the low scores for the pertinent skill areas identified above, and then bring that list to the IEP meeting so you do not forget when making your argument for eligibility under this category.

Incidentally, in California, I have seen districts deny eligibility on the aforementioned ground without mentioning to parents that there are two other grounds the IEP team can consider for IEP eligibility for a specific learning disorder. In such situations, only informed parents are able to continue the eligibility discussion if eligibility is not found under the severe discrepancy model. 

Second, in California, a child can qualify for eligibility for an IEP under the specific learning disorder category if the child (1) is not achieving adequately for her age or fails to meet state-approved grade level standards in the following areas, oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, or mathematics problem solving, and (2) fails to make sufficient progress when using a process based on the pupil’s response to scientific, research-based interventions. So, this means the school may have acknowledged the child is having difficulty with reading or math and put her in a small group for intervention. In order to qualify for a disability on this ground, the IEP team would have to agree those interventions are not working or allowing for appropriate progress. 

Third, in California, a student can qualify for an IEP under the specific learning disability category if the IEP team finds the student is not achieving adequately for her age or to meet state-approved grade-level standards in those skills identified above and the student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments. 

Again, before going into that meeting, the California parent should make a list of the relevant strengths and weaknesses that may be appropriate (after researching relevant models used). In Ventura County, CA, for instance, when determining whether a student possesses an academic weakness in one of the skills identified above, the team is supposed to gather multiple sources of information about academic performance. And, for special education eligibility purposes, a student must demonstrate a history of a weakness in one or more of the eight academic areas listed above as demonstrated by documentation from the standardized academic assessments or grade level assessments, grades, work samples, progress monitoring data, progress on IEP goals, etc. Ventura County has a great resource in their Pattern of Strengths and Weaknesses Model for Specific Learning Disability Eligibility Procedural Manual (https://www.vcselpa.org/LinkClick.aspx?fileticket=OoKOfcq0pXc%3d&portalid=0). You will want to research other pattern of strengths and weakness models as well, looking for one in your district or one that is helpful on your facts and write down your supporting arguments to share with the team in a very friendly and cooperative way (as always).

Of course, after establishing the child has a disability, and falls into one of the above specific learning disorder categories, the parent still has to show the second element - that the disability adversely affects the child’s educational performance. One way to establish this would be to show that the child could not progress satisfactorily in the absence of specific instructional adaptations or supportive services (failing grades are not required). The parent should add the related arguments to their list as well, so they have them handy at the IEP meeting when the appropriate time comes. We like to look at class performance, homework ability, assessment results, gaps between peers, need for outside tutors or homework help, etc.

If you do the research, know the paths for qualifying for an IEP, and write down your potential arguments in support of such qualifications, it will be much harder for the IEP to dismiss your concerns and arguments, especially if they are on point and relevant to the IEP qualification pathways.