IEP Eligibility in Montana: Who Qualifies?
What qualifies a child for an IEP in Montana?
Montana eligibility for special education requires that a student: (1) meet the disability identification criteria for at least one of the 14 categories defined in ARM 10.16.3007–10.16.3022 and ARM 10.16.3010; and (2) the disability adversely affects educational performance to a degree that necessitates specially designed instruction (ARM 10.16.3007; MCA § 20-7-401). Montana uses the term 'Cognitive Delay' instead of 'Intellectual Disability' and defines it as significantly subaverage general intellectual functioning (two or more standard deviations below the mean) with concurrent adaptive behavior deficits occurring during the developmental period (ARM 10.16.3012). For Specific Learning Disability, evaluators may use RTI (ARM 10.16.3019A), severe discrepancy (ARM 10.16.3019B), or both methods, with specific documentation requirements (ARM 10.16.3019C). Eligibility criteria for Developmental Delay apply to children ages 3–8, requiring functioning two or more standard deviations below the norm in one developmental area or 1.5 SD below in two or more areas (ARM 10.16.3010). Montana evaluations must be comprehensive, multi-factored, and nondiscriminatory. The evaluation process begins with a request for initial evaluation (ARM 10.16.3320)—which may be initiated by either the parent or the LEA—followed by parent consent, then the evaluation itself (ARM 10.16.3321). The LEA must obtain parental consent before conducting any comprehensive educational evaluation (ARM 10.16.3320; ARM 10.16.3505). An eligibility determination meeting must be held to review evaluation data, consider the criteria, and determine if the student qualifies.
What Montana Requires
Eligibility requires a disability in one of Montana's 14 recognized categories AND a determination that the disability adversely affects educational performance necessitating special education (ARM 10.16.3007; MCA § 20-7-401).
Montana uses 'Cognitive Delay' (not 'Intellectual Disability'); criteria require IQ two or more SDs below the mean plus adaptive behavior deficits occurring during the developmental period (ARM 10.16.3012).
SLD identification may use RTI (ARM 10.16.3019A), severe discrepancy (ARM 10.16.3019B), or both, with documentation per ARM 10.16.3019C.
Developmental Delay applies to children ages 3–8: functioning ≥2 SDs below norm in one area or ≥1.5 SDs below in two or more areas (ARM 10.16.3010).
LEA must obtain written parental consent before conducting a comprehensive educational evaluation (ARM 10.16.3320; ARM 10.16.3505).
Either the parent or the LEA may initiate a request for an initial evaluation; both must provide stated reasons and supporting documentation (ARM 10.16.3320).
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)).
After consent is received, if the LEA decides not to evaluate, it must provide written notice to the parent explaining the refusal (ARM 10.16.3320; 34 CFR 300.300).
Reevaluations must occur at least every three years unless parent and LEA agree it is unnecessary (ARM 10.16.3321; 34 CFR 300.303(b)(2)).