IEP Eligibility in Illinois: Who Qualifies?
What qualifies a child for an IEP in Illinois?
In Illinois, a child is eligible for special education and related services under IDEA if the child has one or more of the disabilities recognized under 23 IAC 226.75 and the disability adversely affects educational performance such that the child requires special education and related services (105 ILCS 5/14-1.02; 23 IAC 226.130). Eligibility determination requires a multidisciplinary team (case study evaluation team) that draws upon a variety of sources including aptitude and achievement tests, parent input, teacher recommendations, the child's physical condition, social or cultural background, and adaptive behavior (23 IAC 226.130(a)). No single procedure, assessment, or evaluator may serve as the sole criterion for determining eligibility (34 CFR 300.304(b); 23 IAC 226.110). The team must ensure that a child is not determined eligible if the primary factor is lack of appropriate instruction in reading or math, or limited English proficiency (23 IAC 226.130(c)). For specific learning disabilities (SLD), Illinois permits the use of either a severe discrepancy model or a response-to-intervention (RTI) model, with additional procedures outlined in 23 IAC 226.130 through 226.135. Children are eligible for services from age 3 through age 21 — specifically through the day before the student's 22nd birthday, unless the birthday falls during the school year, in which case the student remains eligible through the end of that school year (105 ILCS 5/14-1.02). A psychological evaluation is required when emotional disability is suspected (23 IAC 226.130(b)). The eligibility determination must be completed within 60 school days of parental consent on the domain review form, and the IEP meeting must be held within 30 days after eligibility is established (23 IAC 226.110(d); 23 IAC 226.110(j)).
What Illinois Requires
Child must have a recognized disability under 23 IAC 226.75 that adversely affects educational performance and requires special education services (105 ILCS 5/14-1.02; 23 IAC 226.130)
Eligibility determination must draw upon a variety of sources; no single procedure or evaluator may be the sole criterion (23 IAC 226.130(a); 34 CFR 300.304(b))
Team must rule out lack of appropriate instruction in reading/math and limited English proficiency as primary factors (23 IAC 226.130(c))
For SLD, Illinois allows either severe discrepancy or RTI models (23 IAC 226.130-226.135)
Psychological evaluation required when emotional disability is suspected (23 IAC 226.130(b))
Eligibility spans ages 3 through 21 (day before 22nd birthday), with extension through the end of the school year if birthday falls during the year (105 ILCS 5/14-1.02)
IEP meeting must be held within 30 days after eligibility is determined (23 IAC 226.110(j))
Key Timelines
60 school days from parental consent on domain review to eligibility determination (23 IAC 226.110(d))
30 days from eligibility determination to IEP meeting (23 IAC 226.110(j))
If fewer than 60 school days remain in the school year after consent, eligibility determination and IEP must be completed before the first day of the following school year (23 IAC 226.110(d))