Upon completion of the administration of assessments and other evaluation measures, the group of qualified professionals and the parents of the student meet to determine whether the student is eligible for special education service and determine the educational needs of the student. Parents and district staff are encouraged to work towards consensus, but the school district has the ultimate responsibility to determine whether the student has a disability or not. The school district will provide the parents with prior written notice of the eligibility decision within ten school days of the decision, as well as a copy of the evaluation report. If the parents disagree with the eligibility decision they need to be informed of their dispute resolution options described in the procedural safeguards.

• A student is not eligible if the determinant factor is lack of appropriate instruction in language arts and/or math, based upon the state’s grade level expectations, lack of appropriate math instruction or limited English proficiency.
• If properly validated tests are not available, or it appears to the team that the student's disability interfered with the reliability of test results, team members should use professional judgment in making an eligibility decision and document the basis for their judgment.
• Students remain eligible for special education services until one of four events occur:
  • The student is determined through a reevaluation to no longer be eligible for special education;
  • The student has met the district’s high school graduation requirements and has graduated from high school with a regular high school diploma;
  • The student has reached age 21. A special education student, whose 21st birthday occurs after August 31, shall continue to be eligible for special education and any necessary related services for the remainder of the school year.
  • The student no longer receives special education services based upon a parent’s written revocation of services.

*See the Special Education Terms & Definitions page for more information.

Previous Section Transfer Students: Eligibility Next Section

Back to Table of Contents