Determining and Communicating Eligibility Status
The Notice of Ineligibility and Notice of Termination of Eligibility sections of an Individualized Education Program (IEP) are critical components that document when a student is determined ineligible for special education services or when their eligibility is discontinued. Here’s a breakdown of each:
Notice of Ineligibility
This section is used when a student is evaluated for special education services and found not eligible under the Individuals with Disabilities Education Act (IDEA). In such cases, a Notice of Ineligibility is issued to formally document the determination.
Key components
Date of Determination – The date when the eligibility team made the decision.
Reason for Ineligibility – Explanation of why the student does not meet the criteria for special education services (e.g., not meeting the definition of a disability, disability not impacting educational performance).
Evaluation Summary – Brief summary of assessments and data used in making the decision.
Parent Notification – Documentation that the parents/guardians were informed about the decision and provided with procedural safeguards.
Next Steps – Recommendations for general education support, if applicable.
Notice of Termination of Eligibility
This section is used when a student who was previously eligible for special education services is determined to no longer require them. In such cases, a Notice of Termination of Eligibility is issued to formally document the determination.
This can occur due to:
A reevaluation that shows the student no longer meets eligibility criteria.
The student is reaching the maximum age for special education services.
The student has graduated with a regular diploma (not just completing school).
Key components
Date of Termination – The date the decision takes effect.
Reason for Termination – Explanation of why the student is no longer eligible.
Evaluation Results (if applicable) – Summary of assessment data supporting the decision.
Parent/Guardian Notification – Proof that parents were informed and provided with procedural safeguards.
Recommendations for Transition Planning – If applicable, referrals to community agencies, vocational programs, or other supports.
How are the two notices correlated?
The Notice of Ineligibility and Notice of Termination of Eligibility are connected in that they both document situations where a student does not receive or no longer requires special education services under IDEA. However, they apply in different contexts, and the order in which they are created depends on the student's history with special education.
Case conditions determining which notice is created first:
The table below provides a side-by-side comparison of when each notice is created.
Scenario | Notice of Ineligibility | Notice of Termination of Eligibility |
|---|---|---|
The student was evaluated for the first time and found not eligible | ☑️ Required | ❌ Not applicable The student was never eligible. |
The student has been receiving special education services but is later found no longer eligible | ❌ Not applicable. The student was previously eligible. | ☑️ Required |
Student was previously found ineligible but was later re-evaluated and found eligible | ❌ Not applicable | ❌ Not applicable. An eligibility determination notice is issued. |
Student reaches the maximum age for services or have Graduated with a regular diploma | ❌ Not applicable | ☑️ Required |