One of the most common misconceptions about Individualized Education Programs (IEPs) is that a child must be failing in school to qualify. This belief can prevent children from receiving the support they need. The truth is, IEPs are designed to prevent failure, not wait for it to happen.
If your child has a disability that affects their learning, they are entitled to individualized instruction, accommodations, and services under the Individuals with Disabilities Education Act (IDEA). Let’s break down why struggling, but not failing, students can still qualify for an IEP and how the law is structured to support their success.
IEPs Are Proactive, Not Reactive
The purpose of an IEP is to ensure that a child with a disability receives the specialized instruction and supports they need to make meaningful progress. Schools are not supposed to wait until a child is failing to intervene. In fact, IDEA makes it clear that students should receive appropriate support before they fall significantly behind their peers.
What the Law Says
Under IDEA, a child qualifies for an IEP if:
They have a disability recognized under the law (such as dyslexia, ADHD, autism, or a mental health condition that affects learning).
The disability impacts their ability to access and make progress in the general education curriculum.
Notice what’s missing? There’s no requirement that a child must be failing. Instead, the key question is whether their disability affects their ability to learn as well as their peers without disabilities. If the answer is yes, they are entitled to individualized instruction and support to meet their unique needs.
How Schools May Misinterpret the Law
Unfortunately, some schools tell parents that a child must be failing before they can qualify for an IEP. This is incorrect and can delay necessary support. Common excuses schools give include:
“Your child is passing, so they don’t need an IEP.”
“We have to try interventions first before we can evaluate.”
“Your child isn’t behind enough to qualify.”
None of these are valid reasons to deny an evaluation. If a disability is impacting your child’s ability to learn, focus, process information, or access the curriculum, they have the right to an IEP, even if they have passing grades.
IEPs Are About Access, Not Just Academics
IEPs don’t just address failing grades. They also support:
Executive functioning difficulties (like organization, planning, and attention).
Processing speed and working memory challenges.
Social-emotional or behavioral needs that affect learning.
The need for accommodations, like extra time, assistive technology, or modified instruction.
Even if a child is barely passing or working much harder than their peers to keep up, they may still qualify for special education services.
What to Do If Your Child Is Denied an Evaluation
If your school tells you that your child must be failing to qualify for an IEP, here’s what you can do:
Request a formal evaluation in writing. IDEA gives parents the right to request an evaluation at any time.
Cite IDEA’s criteria. Remind the school that an IEP is for students whose disabilities impact their ability to access and progress in the curriculum—not just those who are failing.
Ask for a Prior Written Notice (PWN). If the school refuses to evaluate, they must provide a written explanation.
Seek outside support. An educational advocate can help ensure your child’s rights are upheld.
Final Thoughts
A child does not have to be failing to qualify for an IEP. IDEA exists to provide early intervention and prevent students with disabilities from falling behind. If your child is struggling due to a disability, they have the right to individualized instruction and supports to help them succeed.