Eligibility Determination

After the evaluation is complete, the IEP Team or Eligibility Committee determines whether the student meets the criteria for one or more disability areas under the Alabama Administrative Code. The eligibility decision is documented on the Notice and Eligibility Decision Regarding Special Education Services form.

• IDEA — evaluation procedures and determination of eligibility (Section 1414(b)-(c))

• 34 CFR Part 300 — additional state criteria and evaluation requirements (300.306, 300.307–300.311)

• Alabama Administrative Code, Chapter 290-8-9 — disability area criteria

The Notice and Eligibility Decision form documents all assessments conducted, their dates, and the resulting scores for each area of assessment, along with the final completion date of all evaluations. Required assessments must be administered for each area of suspected disability.

A copy of the completed eligibility report must be given or sent to the parent or student (age 19 and older) at the initial eligibility determination and at each reevaluation for continued eligibility. Document each time the form is provided.

Eligibility is not a single test score. The team draws on evaluation results, classroom performance, work samples, observations, and input from the parent and teachers, and must consider the exclusionary factors — including lack of appropriate instruction in reading or math, and limited English proficiency — before concluding a disability exists.

If the student is found eligible, the process proceeds to the initial IEP — see [IEP Development & Implementation →]. If the student is not eligible, the parent receives a Notice of Proposal or Refusal to Take Action explaining the decision, and the student returns to general education supports such as the PST.

• Assessments not completed for every area of suspected disability

• Eligibility based on a single score rather than the full body of evidence

• Exclusionary factors not considered and documented

• The eligibility report not provided to the parent at initial eligibility and each reevaluation