IEP Eligibility in Georgia: Who Qualifies?
What qualifies a child for an IEP in Georgia?
In Georgia, eligibility for special education services requires a determination by the Eligibility Team (a group of qualified professionals and the parents) that the child: (1) has a disability as defined under one of the 12 categories in Ga. Comp. R. & Regs. 160-4-7-.05; (2) the disability adversely affects the child's educational performance (academic, functional, and/or developmental); and (3) the child needs specially designed instruction (special education services) as a result. This aligns with the federal standard under 34 CFR §300.8(a). Under O.C.G.A. § 20-2-150 and Ga. Comp. R. & Regs. 160-4-7-.02, Georgia provides FAPE to children with disabilities ages 3 through 21. Children with visual or auditory impairments may be eligible from birth. The Eligibility Team makes the determination based on the evaluation data gathered under Ga. Comp. R. & Regs. 160-4-7-.04. A child may not be determined eligible if the determinant factor is lack of appropriate instruction in reading (including the essential components of reading instruction), lack of appropriate instruction in math, or limited English proficiency (34 CFR §300.306(b)(1)). Georgia requires an eligibility report documenting the area of disability with statements for each component of eligibility. The report must be placed in the child's special education folder. For children found ineligible, the report must clearly explain the Eligibility Team's determination. The LEA must provide a copy of the evaluation report and the eligibility determination documentation to parents at no cost (Ga. Comp. R. & Regs. 160-4-7-.05). Eligibility must be reviewed at each reevaluation, which occurs at least every three years unless the parent and LEA agree it is unnecessary (34 CFR §300.303(b)). Georgia also recognizes the Significant Developmental Delay (SDD) category for children ages 3-9, which allows eligibility without a specific categorical label when developmental delays are documented.
What Georgia Requires
Three-part eligibility test: (1) qualifying disability under one of 12 categories, (2) adverse effect on educational performance, (3) need for specially designed instruction (34 CFR §300.8(a); Ga. Comp. R. & Regs. 160-4-7-.05).
Age range: ages 3 through 21 for most disabilities; children with visual or auditory impairments, or other severe disabilities, may be eligible from birth (O.C.G.A. § 20-2-152; Ga. Comp. R. & Regs. 160-4-7-.02).
Eligibility determination is made by a group of qualified professionals and the parents (Eligibility Team) based on evaluation data (Ga. Comp. R. & Regs. 160-4-7-.05).
Student may not be found eligible if determinant factor is lack of instruction in reading or math, or limited English proficiency (34 CFR §300.306(b)(1)).
An eligibility report must document the disability area with statements for each eligibility component; copies provided to parents at no cost (Ga. Comp. R. & Regs. 160-4-7-.05).
Significant Developmental Delay (SDD) category available for ages 3-9 (through end of school year child turns 9) with delays in adaptive, cognitive, communication, motor, or emotional development (Ga. Comp. R. & Regs. 160-4-7-.05).
Reevaluation of eligibility required at least every 3 years unless parent and LEA agree otherwise (34 CFR §300.303(b)).
Key Timelines
Eligibility determination must occur after completion of the initial evaluation (within 60 calendar days of consent) and before the IEP is developed (Ga. Comp. R. & Regs. 160-4-7-.04).
IEP must be developed within 30 calendar days of the initial eligibility determination (Ga. Comp. R. & Regs. 160-4-7-.06; 34 CFR §300.323(c)).
Reevaluation must occur at least every 3 years unless parent and LEA agree it is unnecessary (34 CFR §300.303(b)).
Reevaluation may not occur more frequently than once per year unless parent and LEA agree (34 CFR §300.303(b)).