IEP Eligibility in Washington: Who Qualifies?
What qualifies a child for an IEP in Washington?
Washington's special education eligibility is governed by WAC 392-172A-03040. A group of qualified professionals and the parent must determine that the student: (1) has one of the 13 qualifying disability categories; (2) experiences adverse educational impact; and (3) has unique educational needs requiring specially designed instruction that cannot be met through general education accommodations alone. Eligibility cannot be based solely on lack of appropriate reading or math instruction or on limited English proficiency (WAC 392-172A-03040(3)). The evaluation must use multiple assessment measures — aptitude and achievement tests, parent input, teacher recommendations, and information about physical condition, social/cultural background, and adaptive behavior — and no single measure may be the sole eligibility criterion (WAC 392-172A-03020). For SLD, Washington permits identification through severe discrepancy, response to scientific research-based intervention (RTI), or a pattern of strengths and weaknesses (WAC 392-172A-03045). The IEP must be developed and implemented within 30 calendar days of the initial eligibility determination (WAC 392-172A-03100).
What Washington Requires
Eligibility requires: qualifying disability, adverse effect on educational performance, and need for specially designed instruction (WAC 392-172A-01035; WAC 392-172A-03040).
Eligibility cannot be based solely on lack of reading or math instruction or limited English proficiency (WAC 392-172A-03040(3)).
Eligibility must be determined by a group of qualified professionals and the parent using multiple assessment sources (WAC 392-172A-03040(1); WAC 392-172A-03020).
No single measure may be the sole criterion for eligibility (WAC 392-172A-03020(2)(e)).
For SLD, Washington permits severe discrepancy, response to intervention (RTI), or a pattern of strengths and weaknesses (WAC 392-172A-03045; 34 CFR 300.307).
Assessments must be valid, reliable, linguistically appropriate, and non-discriminatory on racial/cultural grounds (WAC 392-172A-03020).
Key Timelines
Evaluation and eligibility determination must be completed within 35 school days of parental consent (WAC 392-172A-03005).
Reevaluation of eligibility must occur at least every three years (WAC 392-172A-03015(1)(b)).
Reevaluation may not occur more than once per year unless parent and district agree (WAC 392-172A-03015(1)(a)).
The IEP must be developed and implemented within 30 calendar days of the initial eligibility determination (WAC 392-172A-03100).