Who determines eligibility for special education instruction and services?

Published: June 16th, 2016

No single individual determines eligibility – not a medical doctor, a school psychologist, a teacher, a related service provider, a school administrator, or a parent. As part of an initial evaluation or reevaluation, the student’s IEP team, including the parents and other qualified professionals, reviews existing data on a child and identifies what additional data are necessary to determine whether the child is a child with a disability and the educational needs of the child. [34 C.F.R. § 300.305(a)] Upon completion of the administration of assessments and other evaluation measures, a group of qualified professionals and the child’s parent determine whether the child is a child with a disability and his or her educational needs. [34 C.F.R. § 300.306(a)]