IEP Eligibility in Alabama: Who Qualifies?
What qualifies a child for an IEP in Alabama?
In Alabama, a child is eligible for special education if they have a disability under one of the 13 categories defined in Ala. Admin. Code r. 290-8-9-.03 AND require specially designed instruction. A child needing only related services (no specially designed instruction) is NOT eligible as a child with a disability under IDEA. Eligibility is determined by a qualified team including the parent and IEP team. The process uses multiple data sources — aptitude and achievement tests, parent input, teacher recommendations, and other evaluation information; no single procedure may solely determine eligibility. Standard scores must be used for eligibility determinations. Children cannot be found eligible if the primary factor is lack of appropriate instruction in reading or math, limited English proficiency, or non-conformity to standard English dialect. Eligibility must be determined within 30 calendar days of completing the evaluation. FAPE must be available to eligible children from age 3 through age 21; a student remains eligible through their 20th year if they have not earned an Alabama High School Diploma and have not turned 21 by August 1 of that school year.
What Alabama Requires
Eligibility requires both a qualifying disability under one of 13 categories AND a need for specially designed instruction; related services alone do not establish eligibility (Ala. Admin. Code r. 290-8-9-.04).
Eligibility determination must use multiple data sources and evaluation tools; no single procedure may serve as the sole criterion (Ala. Admin. Code r. 290-8-9-.04; 34 CFR 300.304(b)).
Standard scores must be used for eligibility determinations in Alabama (Ala. Admin. Code r. 290-8-9-.04).
Children may not be found eligible if the primary factor is lack of appropriate reading/math instruction, limited English proficiency, or non-conformity to standard English dialect (Ala. Admin. Code r. 290-8-9-.04).
FAPE is available to eligible children ages 3 through 21; a student remains eligible if they have not earned an Alabama High School Diploma and have not turned 21 by August 1 of the school year (Ala. Admin. Code r. 290-8-9-.04; Ala. Code Title 16, Chapter 39).
If parents refuse consent for initial services, the LEA may not use mediation or due process to override the refusal, and is not in violation of FAPE requirements (Ala. Admin. Code r. 290-8-9-.04).
Key Timelines
Eligibility must be determined within 30 calendar days of completing the initial evaluation (Ala. Admin. Code r. 290-8-9-.04).
Initial evaluation must be completed within 60 calendar days of receiving parental consent (Ala. Admin. Code r. 290-8-9-.02).
Reevaluation must occur at least every three years unless parent and LEA agree it is unnecessary (Ala. Admin. Code r. 290-8-9-.02).
Any evaluation is considered valid for initial eligibility if conducted within one year of the IEP team meeting (Ala. Admin. Code r. 290-8-9-.02).