Developmental Delay on an IEP: What Parents Need to Know Before It’s Too Late

It’s weird, right? Your child has had an IEP for years, and his disability classification has always been Developmental Delays. Now, all of a sudden you feel blindsided because the school is telling you that they cannot check that box anymore. But your child is still disabled and has many delays. This can’t be right, can it?

Well, yes, it can. And, if nothing else, someone from the school should have explained this to you. But since they haven’t, I will.

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First, let me go over that Developmental Delay term. I’m going to interchange it with DD, because that is a common IEP acronym.

Developmental Delay Eligibility Category

You should know that DD has educational and medical meaning. Just like you can have medical or educational autism, the same sort of goes for DD. There is a medical billing code for Developmental Delays, so therefore you may see that on your child’s medical records.

However, much like with autism, just because your pediatrician has put it on your child’s records doesn’t mean your school will use that classification category and vice-versa. Sure, it’s the same two words. But the medical and education settings are worlds apart.

Remember that IDEA Part C is for younger children-the preschoolers and babies. IDEA Part C has mentioned Developmental Delays but it doesn’t say much. It basically just says that each state must recognize DD and have standards and evaluations for measuring if a child has DD.

Each state has defined DD and their criteria for children qualifying as DD. The percentages vary from state to state. Some states say that a child can be 25% behind their peers and qualify for services. Others require that the child be 50% behind their peers to qualify for services.

Particularly for families who live near a few state lines (myself included) this can cause a lot of confusion. You may meet a child with the same diagnoses as your child, and their child qualifies for services and yours does not.

For infants and toddlers (birth to age 3), eligibility for early intervention services under Part C of IDEA is based on a significant developmental delay, but the exact criteria varies by state.

General Guidelines for Eligibility (Birth to Age 3)

Most states define a significant delay as a 25% delay in one or more areas or a 1.5 to 2 standard deviation delay below the mean on standardized assessments. The specific percentage or standard deviation requirement varies by state.

State Variability

• Some states automatically qualify children with certain diagnoses (e.g., Down syndrome, cerebral palsy, significant prematurity).
• Other states require a documented percentage delay (e.g., 25% in one area or 20% in two areas).
• Some states allow children to qualify based on being “at risk” for future delays (e.g., low birth weight, environmental risk factors).

IDEA Part B Developmental Delays

Ok, here is where I hope to answer a lot of your questions. In IDEA Part B (which is the part that addresses school-aged children 3-21), it says:

Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may…include a child—

(1) Who is experiencing developmental delays as defined by the State and as measured by appropriate diagnostic instruments and procedures in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(2) Who, by reason thereof, needs special education and related services. [34 CFR §300.8(b)]

See it there? Where it says “aged three through nine?” There you go, that’s where it is.

At age 9, IDEA wants the school to commit to a category. The school must choose one of the other disability classifications listed in IDEA.

So, what’s the problem?

The problem is those kids who sort of land in the middle. They may have some traits of autism, but not enough to qualify under that category. Often they have some intellectual delays, but might be a low-normal, with like an IQ of 73. So the school is hesitant to list them as IDD if they don’t go below 70. For the record, IQ is no longer supposed to be the sole criteria per the new DSM. But I digress.

Genetic testing has come a long way in just the past decade. With my clients, I find it is easier for them to get services and commit to a category if the child has a genetic condition.

That being said, there are many children who just have generic, idiopathic autism and idiopathic learning delays and developmental delays. If your child is behind his/her peers, you just have to keep pushing. Read and learn about IEEs and if that applies to your situation.

Key Facts About Developmental Delay in IEPs

1. Age Limits – The DD category typically applies to children from ages 3 through 9, but some states set their own upper limits (e.g., some states stop at age 5 or 6). After that, the child may need to be reevaluated under another disability category.
2. Areas of Delay – A child can qualify under DD if they show significant delays in one or more of the following areas:
   • Cognitive development
   • Physical development (including fine and gross motor skills)
   • Communication development
   • Social or emotional development
   • Adaptive (self-help) skills
3. Purpose of DD Category – This category allows young children to receive early intervention services without having to fit into a specific disability category (like autism or specific learning disability) right away.
4. State Variations – IDEA allows states to define “significant delay” differently, so eligibility criteria and evaluation methods vary by state.
5. Reevaluation is Required – Before the child ages out of the DD category (usually by age 9), the school must reevaluate them to determine if they qualify for another disability category to continue receiving special education services.
6. IEP Services & Goals – An IEP for a child with DD must still include:
   • Goals based on their unique needs
   • Specialized instruction or therapies (such as speech, occupational, or physical therapy)
   • Accommodations and modifications to help them progress in their learning environment.

Why This Matters for Parents

• If a school tries to deny services because your child doesn’t have a “specific disability label,” remind them that DD is a valid eligibility category under IDEA.
• You don’t have to rush to a specific diagnosis—this category gives time to see how a child develops while still getting support.
• Keep track of evaluations, progress reports, and assessments because once your child approaches the upper age limit for DD, you’ll need to determine the next steps.

If a school is trying to exit your child from services due to aging out of DD without a reevaluation, you can request assessments in writing to ensure continued support.

Which category should I choose or ask for?

I’m a firm believer that the child on paper should match the child in front of you. As I profess in my IEP advocacy course, your first step is to look at your child’s Present Levels section of the IEP. That is the section that drives the IEP goals and services. If you don’t not feel that it is accurate or complete, request more or different IEP evaluations.

Wrapping up, several years ago, I attended a conference and took a session about the new DSM 5. It was new then, had just been published. But our speaker said something prophetic that I think applies here. Something along the lines of “No child should be losing care or services due to these administrative changes.”

That very much applies here. Just because on a 10-year-old’s IEP, that category doesn’t exist for them, does not mean that their needs have suddenly disappeared or self-corrected. It’s just a matter of redefining what they need.

If a school is trying to exit your child from services due to aging out of DD without a reevaluation, you can request assessments in writing to ensure continued support.

Good luck, and remember, don’t IEP alone!