IEP Eligibility in California: Who Qualifies?
What qualifies a child for an IEP in California?
In California, a child is eligible for special education if the child has a disability as defined in EC 56026 and 5 CCR 3030, and because of that disability, requires special education and related services. Under EC 56026(a), a 'child with a disability' means a child who has one or more of the disabilities specified in 5 CCR 3030 (which mirrors and expands upon the 13 federal IDEA categories) and who, as a result, needs special education and related services. California recognizes the 13 federal IDEA disability categories plus an additional category: 'established medical disability' for children aged 3-5, which provides eligibility based on a diagnosed medical condition with a high probability of requiring special education (EC 56441.11). Eligibility determination is made by a team that includes the parent and qualified professionals. Under EC 56329(a), no single measure or assessment may be used as the sole criterion for determining eligibility. The team must determine that the child meets the criteria for at least one disability category AND that the disability adversely affects educational performance AND that the child requires special education services. A child may not be determined eligible if the primary factor is lack of appropriate instruction in reading or math, or limited English proficiency (34 CFR 300.306(b)). California also has Child Find obligations under EC 56300-56302, requiring districts to identify, locate, and assess all children with disabilities residing in the district, including children in private schools.
What California Requires
A child must meet the criteria for at least one disability category under 5 CCR 3030, demonstrate that the disability adversely affects educational performance, and require special education and related services (EC 56026; 5 CCR 3030).
California recognizes 13 IDEA disability categories plus 'established medical disability' for children aged 3-5 with diagnosed conditions having a high probability of requiring special education (EC 56441.11).
No single measure or assessment may be used as the sole criterion for eligibility determination (EC 56329(a); 34 CFR 300.304(b)(2)).
Eligibility cannot be based primarily on lack of appropriate instruction in reading or math, or on limited English proficiency (34 CFR 300.306(b)).
Eligibility determination must be made by a team including the parent and qualified professionals, using assessment data from multiple sources (EC 56329; 34 CFR 300.306).
Districts have Child Find obligations to identify, locate, and assess all children with disabilities, including those in private schools and those who are homeless, wards of the state, or highly mobile (EC 56300-56302; 34 CFR 300.111).
Key Timelines
Assessment must be completed and an IEP developed within 60 calendar days of receiving written parental consent for assessment (EC 56043(c)), not counting school vacations greater than 5 school days.
An IEP meeting to determine eligibility must be held within 60 calendar days of consent (EC 56043(c)), and an IEP must be developed within 30 calendar days of eligibility determination (EC 56344(a)).
Reevaluation occurs at least once every three years (triennial), or more frequently if warranted or requested by parent or teacher (EC 56381(a); 34 CFR 300.303).
For initial referral, the school must develop an assessment plan within 15 calendar days of the referral for assessment, and the parent has at least 15 calendar days to consent (EC 56043(a)-(b)).