Does the IDEA impose any limitations on eligibility for special education?

Published: June 16th, 2016

In order to be determined eligible to receive special education and related services, a child must have a qualifying disability that causes an adverse effect on educational performance and who, by reason thereof, needs special education and related services. [34 C.F.R. § 300.8] It is important to note that the IDEA is clear that a child cannot be determined eligible if the determinant factor is that there has been a lack of appropriate instruction in reading or math, or that the student has limited English proficiency. [34 C.F.R. § 300.306]