IEP Eligibility in Kansas: Who Qualifies?
What qualifies a child for an IEP in Kansas?
Kansas eligibility for special education requires that: (1) a student meets the criteria for one or more of the 13 disability categories; (2) the disability adversely affects educational performance; and (3) the student needs specially designed instruction as a result (K.A.R. 91-40-10). Kansas evaluations must be comprehensive, using a variety of tools and strategies, and no single test may be the sole criterion (K.A.R. 91-40-12). For specific learning disability (SLD) identification, Kansas permits both the discrepancy model and the response-to-intervention (RTI) model — KSDE's MTSS framework is the primary vehicle for RTI in Kansas. Kansas does not prohibit use of a severe discrepancy between achievement and intellectual ability for SLD, but allows districts to use a process based on the student's response to scientific, research-based intervention (K.A.R. 91-40-13(c); 34 CFR 300.307). The SLD determination must rule out that the primary cause is a visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency (K.A.R. 91-40-13(c); 34 CFR 300.309(a)(3)). For autism, Kansas follows the federal definition and requires documentation consistent with K.A.R. 91-40-13. Developmental delay eligibility is optional for districts for children ages 3-9.
What Kansas Requires
To be eligible, a student must have a disability in one of the 13 IDEA categories that adversely affects educational performance and necessitates specially designed instruction (K.A.R. 91-40-10; K.S.A. 72-3404).
For SLD, Kansas allows both the IQ-achievement discrepancy model and the RTI/MTSS response-to-intervention model (K.A.R. 91-40-13(c); 34 CFR 300.307-300.309).
SLD identification must include exclusion of other primary causes (vision, hearing, motor, intellectual disability, emotional disturbance, cultural factors, ELL status, environmental or economic disadvantage) (K.A.R. 91-40-13(c); 34 CFR 300.309(a)(3)).
Evaluation must include a classroom observation by a team member other than the student's current classroom teacher for SLD determination (K.A.R. 91-40-13(c); 34 CFR 300.310).
Students may not be found ineligible solely because they performed adequately in school or have not received appropriate prior instruction (34 CFR 300.306(b)).
Developmental delay category (ages 3-9) is an optional determination that districts may adopt (K.A.R. 91-40-1(l); K.A.R. 91-40-10).
Key Timelines
Eligibility determination must be made within 60 calendar days of receiving parental consent for initial evaluation (K.A.R. 91-40-11(c); 34 CFR 300.301(c)).
Reevaluation to confirm continued eligibility must occur at least every three years (K.A.R. 91-40-12(a); 34 CFR 300.303).
Reevaluation may not occur more than once per year without parent consent or district request (34 CFR 300.303(b)).