Idaho Special Education Requirements
What special education requirements does Idaho have beyond federal law?
Idaho has several notable state-specific provisions in its special education system. Key Idaho-specific provisions include: (1) A 60-calendar-day evaluation timeline from consent — Idaho's rule (IDAPA 08.02.03.097.01) specifically uses calendar days rather than school days, which is more protective than the federal standard and faster for evaluations initiated during summer; (2) Idaho is a one-party consent state for electronic recordings (Idaho Code § 18-6702): parents may record IEP meetings and other school meetings without notifying the school; (3) Restraint and seclusion regulations with a one-school-day parent notification requirement and written report within two school days (IDAPA 08.02.03.200-250), which is more specific than the federal framework; (4) Developmental Delay category available for children ages 3-9 (IDAPA 08.02.03.095), allowing early intervention before a specific disability label; (5) Idaho allows both discrepancy model and RTI/problem-solving model for SLD eligibility, giving teams flexibility (IDAPA 08.02.03.091); (6) Extended school year (ESY) services must be provided when necessary for FAPE, with the decision individualized (IDAPA 08.02.03.112); (7) Idaho does not require benchmarks or short-term objectives for all students (only alternate assessment students, consistent with federal law); and (8) Idaho does not have a mandatory pre-hearing conference like Minnesota's conciliation process — mediation is voluntary.
What Idaho Requires
Idaho's evaluation timeline is 60 calendar days from parental consent — uses calendar days, providing faster resolution than a school-days standard during the summer and school breaks (IDAPA 08.02.03.097.01).
One-party recording consent: Idaho Code § 18-6702 makes Idaho a one-party consent state, meaning parents may legally record IEP meetings without notifying or obtaining consent from school personnel.
Restraint/seclusion parent notification within one school day, written report within two school days — more specific than federal guidance (IDAPA 08.02.03.230).
Developmental Delay category available for ages 3-9, providing eligibility flexibility for young children who do not yet fit a specific disability category (IDAPA 08.02.03.095).
SLD eligibility may use discrepancy model or RTI/problem-solving model — Idaho explicitly permits both pathways (IDAPA 08.02.03.091).
Idaho does not require benchmarks or short-term objectives for all students — only for students taking alternate assessments, consistent with federal law (IDAPA 08.02.03.110.02; 34 CFR 300.320(a)(2)(ii)).
Key Timelines
60 calendar days: evaluation timeline from parental consent (IDAPA 08.02.03.097.01) — calendar days, not school days.
1 school day: parent notification after restraint or seclusion incident (IDAPA 08.02.03.230).
2 school days: written incident report after restraint or seclusion (IDAPA 08.02.03.230).
10 school days: MDR must be conducted after a decision to change placement for disciplinary reasons (IDAPA 08.02.03.145; 34 CFR 300.530(e)).
Age 16: transition planning begins (IDAPA 08.02.03.110.07; 34 CFR 300.320(b)).
Age 18: educational rights transfer to student (IDAPA 08.02.03.110.08; 34 CFR 300.320(c)).
Age 21: FAPE eligibility ends in Idaho (Idaho Code § 33-2001).
60 calendar days: state complaint investigation decision (IDAPA 08.02.03.170; 34 CFR 300.152(a)).