• Under both federal and state law, eligibility for special education and related services depends on the presence of a disability and a need.  
    • “A child is entitled to receive special education and support and related services if  that child requires instruction and/or services which cannot be provided with modification of the regular school curriculum and environment.” IAC Rule 281-41.306(3)(c).
  • Under Iowa law, children from ages five to twenty-one years old requiring special education are those who have a disability in obtaining education because of a:
    • head injury
    • autism
    • behavioral disorder
    • physical, mental. communication, or learning disability (as defined in the Iowa Administrative Rules of Special Education (IAC) Rule 281-41.50).  Iowa Administrative Code (Iowa Code) Sec. 256B.2(1)(a) (2011). 
  • Special education may be extended to persons under twenty-four when approval for an extension of the special education program has been granted.  Iowa Code Sec. 256B.8(2).
    • A disability is defined as a skills deficiency, a health or physical condition, a functional limitation, or a pattern of behavior that adversely affects educational performance. Individuals with Disabilities Education Improvement Act (IDEA)
  • An educational disability results in educational performance that is significantly and consistently different, diminished, or inappropriate when compared to the expectations for peers, and significantly interferes with either:
    • access to general education settings and opportunities
    • developmental progress
    • involvement and progress in the general curriculum
    • interpersonal relationships or personal adjustment.
  • Under federal law, eligible disabilities include:
    • mental retardation;
    • hearing impairments (including deafness);
    • speech or language impairments;
    • visual impairments (including blindness);
    • emotionally disturbance;
    • orthopedic impairment;
    • autism;
    • traumatic brain injury;
    • other health impairments;
    • specific learning disabilities;
    • developmental delay. 20 U.S.C. Sec. 1401(3); 34 C.F.R. Sec. 300.8.  
  • The condition or impairment of the child must negatively affect their educational performance to qualify as special education eligibility disability. This means that a child may have a medical diagnosis for a disability that may still not qualify him or her for special education. 
  • A child is not eligible for special education if the determining factor in the child’s exceptional needs is a lack of instruction in reading, a lack of instruction in math, or limited English proficiency.  20 U.S.C. Sec. 1414(b)(5); 34 C.F.R. Sec. 300.306(b)(1)(i-iii); Iowa Rules of Special Education 41.306(2).
  • In Iowa, evaluation teams are also instructed to consider if the determinant factors for the child’s educational performance is primarily related to other variables, including socio-economic status, cultural or ethnic differences, or school attendance or mobility.