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Eligibility Criteria

If you believe that your son or daughter has been wrongfully denied eligibility for special education services, The Law Office of Meagan Nuñez in San Diego can help. Federal and state regulations establish eligibility criteria for all California students seeking special education services.

In order to qualify as a child with a disability under the Individuals with Disabilities Education Act (IDEA), a child must first be assessed by the school district. The assessment must demonstrate that the student’s impairment adversely affects his or her educational performance and requires special education.

The qualifying areas of an impairment set out in state eligibility regulations are:

  • Hearing-impaired
  • Both hearing and visually impaired
  • Speech or language impaired
  • Visually impaired
  • Orthopedically impaired (OI)
  • Other health impaired (impaired in strength, vitality or alertness due to chronic or acute health problems)
  • Exhibiting autistic-like behaviors
  • Mentally retarded
  • Emotionally disturbed
  • Learning disabled
  • Multiple disabilities
  • Traumatic brain injury
Neither federal nor state law defines the term “adversely affect educational performance.” Courts have interpreted the phrase to mean that education is adversely affected if, without certain services, the child’s condition would prevent him or her from performing academic and nonacademic tasks and/or from being educated with nondisabled peers.

IEP Eligibility In La Mesa, Chula Vista And All Of Southern California

The individualized education program (IEP) team, which consists of the parents, teachers and other qualified professionals, makes the actual determination of eligibility for special education and related services based upon assessment reports.

Attorney Meagan Nuñez focuses her entire law practice on advocating for special needs students and their families. Her thorough understanding of state and federal laws in this area allows her to remedy situations in which students have been incorrectly denied services or provided with an IEP that is ineffective.

Ms. Nuñez can review the facts of your child’s case, explain your rights regarding eligibility criteria for special education in San Diego and recommend the best course of action during a free, no-obligation consultation. Contact us to schedule an appointment.