STEP 5: DETERMINING ELIGIBILITY FOR SPECIAL EDUCATION

To be eligible for special education, a student with a disability must need specially designed instruction (SDI) to meet disability-related needs. This component of eligibility is met when the child needs adaptations to the content, methodology, or delivery of instruction:

1. To address the unique needs of the child that result from the child’s disability; and
2. To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

Teams must consider all disability-related needs in determining if specially designed instruction is needed. The following questions should be used to guide teams in determining if a child’s needs include specially designed instruction:

• Are adaptations based on a child’s disability-related needs necessary to address the adverse effects on educational performance?
  • A "Yes" response supports the need for special education.
• Are all instructional adaptations needed by this individual part of general education instruction’s allowance for the differing needs of diverse learners (e.g., differentiation, flexible grouping, remedial programming, and alternative educational programming that provide non-disabled students with leveled, repeated or slower-paced instruction, etc.)?
  • A "Yes" response does not support the need for special education.
• Do the individual’s needs include the ongoing need for instruction from individuals with specialized professional training or licensure, alternative instructional materials or curricular modifications, or adjusted or expanded standards/benchmarks?
  • Any "Yes" response supports the need for special education.
• Does the child need time for re-teaching concepts on a consistent and frequent basis? Or Does this child need more opportunities to practice a skill in order to master it?
  • A "Yes" response supports the need for special education.

Additional information on considerations for determining need, please refer to Key Considerations for Determining a Need for Specially Designed Instruction.

Teams must address the following question when determining if a learner has a disability: Is the “determinant factor” for the individual’s performance difficulties or the perceived need for special education any one of the following factors?

• lack of appropriate instruction in reading, including the essential components of reading instruction;
• lack of appropriate instruction in mathematics;
• limited English proficiency;
• cultural factors; or
• environmental or economic disadvantage

When one or more of the above factors is the primary factor responsible for the concerns, the child must not be determined to be an eligible individual and the child’s needs must be met in some other way.

The key concept is the primary “determinant factor.” A child may lack instruction and have a disability; a child may have limited English proficiency and have a disability; etc.

If the team determines that a child has a disability and, by reason of that disability, needs special education and an exclusionary factor is not the determinant factor, the team must identify the child as an eligible individual.

When determining if a child has a SLD or disability primarily related to the academic domain, in addition to the comprehensive evaluation and documentation requirements noted above, teams:

• Are prohibited from using a severe discrepancy between intellectual ability and achievement for determining if a child is eligible,
• Must determine if a child achieves adequately compared to age, grade-level expectations or standards in one or more of the following: oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, mathematics problem solving,
• Must assure the concern is not primarily the result of the additional exclusionary factors:
  • A visual, hearing or motor disability
  • Mental disability, or
  • Emotional disturbance
• Must observe the child in their learning environment and document the child’s academic performance and behavior in the areas of difficulty
• Must document:
  • Whether the child has a Specific Learning Disability OR is an Eligible Individual
  • Relevant behavior, if any, noted from the observation
  • Relevant medical/clinical findings including diagnosis such as dyslexia, dyscalculia, dysgraphia etc.
  • Whether the report reflects each team member’s conclusions and a separate statement presenting the member’s conclusions when the report does not reflect the group

Note: Contact AEA Special Education Director or their designee regarding specific documentation.

In Iowa, children with disabilities are referred to as “eligible individuals” (abbreviated as EI), rather than particular labels. This is because labels, standing alone, do not provide parents and educators with information regarding instructional needs. This is also because labeling may be the basis for inappropriately restrictive placement decisions. While not requiring the use of a disability-specific label, the use of the EI “label” does not exempt the team from determining whether a child is included in one of the IDEA’s disability categories such as Specific Learning Disability (SLD).

While disability labels are not required, in exceptional circumstances and given appropriate data, a team may decide that a child’s special education program would benefit from identifying a child based on a label.

When a child is eligible for special education with a disability in the academic area and meets the qualifications regarding SLD, the eligibility determination team may determine if the child is best served under the Specific Learning Disability label or under Eligible Individual.