IDEA Disability Categories in Vermont
What disability categories qualify for an IEP in Vermont?
Vermont recognizes the same 13 disability categories as federal IDEA for special education eligibility, defined in Rule 2362.1 (Categories of Disabilities) and 16 V.S.A. § 2942. The categories are: Autism, Deaf-Blindness, Deafness, Developmental Delay (ages 3-9), Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, and Visual Impairment Including Blindness. Vermont uses the same federal terminology without state-specific renaming. Vermont permits 'Developmental Delay' for children ages 3 through 9 as an eligibility category under Rule 2362.1 and 34 CFR 300.111(b). Vermont permits SLD identification through both a discrepancy model and a response-to-intervention model under Rule 2362.2.3; the Vermont AOE has been moving toward phasing out the discrepancy model in favor of RTI/MTSS-based identification. Each category has specific eligibility criteria under Rule 2362.1, and eligibility determination is made by the Evaluation Planning Team (EPT) under Rule 2362.2.2. The EPT must include qualified professionals appropriate to the suspected disability.
What Vermont Requires
Vermont recognizes all 13 federal IDEA disability categories and uses the federal terminology without state-specific renaming (Rule 2362.1; 16 V.S.A. § 2942).
Vermont uses 'Developmental Delay' as a permitted eligibility category for children ages 3 through 9; the state has elected to use this category under 34 CFR 300.111(b) (Rule 2362.1).
For Specific Learning Disability, Vermont permits eligibility through both severe discrepancy and inadequate response to intervention (RTI/MTSS) pathways; the AOE is transitioning toward RTI-based identification (Rule 2362.2.3; 34 CFR 300.307).
Eligibility requires: (1) a qualifying disability category under Rule 2362.1, (2) adverse effect on educational performance, and (3) need for special education and related services (Rule 2362.2; 34 CFR 300.8).
A student cannot be found eligible if the determinant factor is lack of instruction in reading or math or limited English proficiency (Rule 2362.2; 34 CFR 300.306(b)).
Eligibility is determined by the Evaluation Planning Team (EPT) under Rule 2362.2.2, which must include the parent, student (when appropriate), LEA representative, special educator, regular educator, a person to interpret evaluation results, and (for SLD) an individual qualified to conduct diagnostic examinations.
Key Timelines
Initial evaluation must be completed within 60 calendar days of parental consent — Vermont's state-established calendar-day timeline (Rule 2362.2.1).
Reevaluation of eligibility must occur at least every three years or sooner if conditions warrant (Rule 2362.2.8; 34 CFR 300.303).
Developmental Delay eligibility expires when the child reaches age 9; the EPT must determine whether the child meets criteria for a specific disability category (Rule 2362.1).
Within 15 calendar days of receiving a referral for evaluation, the LEA must either request parental consent, convene an EPT meeting, or provide written reasons for denial (Rule 2362.2.1).
Sources
Related IEP Guides
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