IDEA Disability Categories in Montana
What disability categories qualify for an IEP in Montana?
Montana's special education eligibility is based on 14 disability categories defined in ARM 10.16.30 (Subchapter 10.16.30, ARM 10.16.3007–10.16.3022). Montana uses the same 13 federal IDEA disability categories plus developmental delay. Notably, Montana uses the term 'Cognitive Delay' (ARM 10.16.3012) rather than 'Intellectual Disability,' defining it as significantly subaverage general intellectual functioning (two or more standard deviations below the population mean) accompanied by deficits in adaptive behavior occurring during the developmental period (through age 18). For Specific Learning Disability, Montana allows identification through either (1) Response to Scientific Research-Based Intervention (RTI) under ARM 10.16.3019A, or (2) Severe Discrepancy between achievement and intellectual ability under ARM 10.16.3019B. Montana also has separate documentation requirements for SLD identification (ARM 10.16.3019C). Developmental Delay applies to children ages 3 through 8 who function two or more standard deviations below the norm in one developmental area, or 1.5 standard deviations below in two or more areas (ARM 10.16.3010). Montana requires specific professional team members for evaluations based on disability category: school psychologist for emotional disturbance, traumatic brain injury, specific learning disability, and cognitive delay; speech-language pathologist for speech-language impairment, deaf-blindness, and traumatic brain injury; both for autism (ARM 10.16.3321). Montana enacted a Dyslexia Screening and Intervention law (MCA § 20-7-469, SB 140, 2019) requiring early screening and evidence-based intervention, which may lead to SLD eligibility.
What Montana Requires
Montana recognizes 14 eligibility categories: autism, cognitive delay (not 'intellectual disability'), deaf-blindness, deafness, emotional disturbance, hearing impairment, orthopedic impairment, other health impairment, specific learning disability, speech-language impairment, traumatic brain injury, visual impairment, multiple disabilities, and developmental delay (ages 3–8) (ARM 10.16.3011–10.16.3022; ARM 10.16.3010).
Montana uses the term 'Cognitive Delay' (defined as IQ two or more standard deviations below the mean with adaptive behavior deficits during developmental period) rather than 'Intellectual Disability' (ARM 10.16.3012).
Specific learning disability may be identified through RTI (ARM 10.16.3019A), severe discrepancy (ARM 10.16.3019B), or both; documentation requirements are in ARM 10.16.3019C.
Developmental delay applies to children ages 3 through 8; school psychologist is not required but appropriate evaluators must assess the relevant developmental domains (ARM 10.16.3010).
Initial evaluations for emotional disturbance, traumatic brain injury, specific learning disability, and cognitive delay must include a school psychologist (ARM 10.16.3321).
Montana's Dyslexia Screening Act (MCA § 20-7-469) requires districts to screen students in grades K–2 and those failing reading benchmarks; positive screens may lead to SLD evaluation (MCA § 20-7-469).
Key Timelines
Initial evaluation must be completed within 60 calendar days of receipt of parental consent (ARM 10.16.3321; 34 CFR 300.301(c)).
Reevaluations must occur at least every three years, or more frequently if the parent or school requests (ARM 10.16.3321; 34 CFR 300.303).
Dyslexia screening must be conducted in the first year a child is admitted to a school up to grade 2, and for any student failing grade-level reading benchmarks (MCA § 20-7-469).