What do I do when……

How would my child qualify to receive special education services under IDEA?

To qualify for special education and related services under IDEA, a student must be within the age range 3 to 21 and must satisfy both parts of a two-part test: 1) must meet the definition of one or more of the categories of a disabilities listed under IDEA and (2) the student must be shown to be in need of special education related services as a result of the disabilities. An evaluation is the process used to determine eligibility.

What are the qualifying disabilities specified in the IDEA?

The specific disabling condition identified are: cognitive impairment, hearing impairments, speech or language impairments, visual impairment (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairment, specific learning disabilities, deaf-blindness or multiple disabilities.

My child was found not eligible under IDEA, are there any other federal programs which he may be eligible to receive services?

Yes. Your student may qualify under Section 504 or the ADA. Schools, as recipients of federal funds may not discriminate against students who are inhibited from participating to the same extend as a nondisabled person because of a disability. You should request a 504 evaluation from our district.

How is Section 504 eligibility different from IDEA eligibility?

The eligibility criteria for the IDEA differs markedly from Section 504. Under Section 504, a student is disabled if he has a record of having, or is regarded as having, a physical or mental impairment that significantly interferes with one of life’s major activities such as walking, seeing, hearing, speaking, breathing, learning and working. Students who are eligible for services under the IDEA will always meet the definition of eligibility for Section 504. The converse is not true.

How does a specific learning disability differ from the other categories of disabilities?

A student becomes eligible for special education and related services under any of the categories defined in 34 CFR 300.7(c)(1)-(13). The term ‘specific learning disability’ means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. A District may use the “severe discrepancy” model between intellectual ability and academic achievement to determine eligibility in SLD. Such a discrepancy had to be found in one or more of the following areas:

• oral expression
• listening comprehension
• written expression
• basic reading skill
• reading comprehension
• mathematics calculation
• mathematics reasoning

Recognizing that the “discrepancy” approach was resulting in both late identification and misidentification of SLD, Congress included a new provision in IDEA 2004 stating that school districts are not required to take into account a severe discrepancy between ability (IQ) and achievement when determining whether a student has a specific learning disability. IDEA 2004 included an additional provision stating that school districts could use a process designed to determine if a student responds to scientific, research-based intervention as a part of the evaluation procedures. A current example of such processes is known as “Responsiveness to intervention” or RTI. In an RTI process, students who show signs of learning difficulties are provided with a series of increasingly intensive, individualized instructional or behavioral interventions. These kinds of interventions are designed and delivered by general education staff in collaboration with other experts such as special educators and school psychologists and are based on reliable research. This type of intervention process includes systematic monitoring of the student’s progress. Students who do not show improvement, or “responsiveness,” to this series of interventions are considered to be “at risk” for learning disabilities and possibly in need of special education services in order to receive educational benefit from instruction. It is important to understand that RTI does not take the place of an evaluation.

Does a diagnosis of an Attention Deficit Disorder qualify my child for eligibility?

Not necessarily. AD/HD is not a specific disabling condition under the IDEA, although a student with AD/HD may be eligible as “other health impaired” for IDEA if the disorder impacts a major life activity, such as learning. AD/HD can limit a student’s alertness, and adversely impacts his academic performance (i.e. not completing assignments, forgetting to turn in assignments, poor test scores, etc.). Students with AD/HD may be covered under Section 504 even if he is ineligible under the IDEA, if the disorder substantially interferes with a major life activity. If AD/HD is not severe enough to substantially impair a major life activity, then that student is not protection under Section 504 or IDEA.

What distinguishes eligibility under the IDEA on the basis of AD/HD from eligibility solely under Section 504?

IDEA offers more extensive services than does Section 504. A parent should contest a determination of eligibility under Section 504 only when a greater entitlement under the IDEA is implicated. That is, an AD/HD student who only needs related services or accommodations is eligible only under Section 504. However, a student who also requires special education is IDEA eligible. If special education services are needed to address goals in areas of need (i.e. to learn strategies for executive function like writing in agenda, organizing school work, etc.) then eligibility under IDEA should be offered. An advocacy strategy is to accept the Section 504 plan with reservation and when it fails request IDEA eligibility.

My AD/HD child is overly alert at school, can this be considered “limited alertness” for other health impaired (OHI) eligibility under IDEA?

Yes. Your child could be qualified for OHI for reason his AD/HD disorder limits his ability to attend to a specific academic task by causing him to be overly alert to his environment in general.

Can my child’s eligibility under IDEA be terminated?

Eligibility terminates when: (1) child reaches the maximum age for eligibility under IDEA (i.e. turning 22) or (2) child graduates from high school with a regular high school diploma. The District assess every 3 years to determine if your child still requires special education services. On occasion a District may recommend dismissal, but a parent does not have to agree. In this situation one would request an independent educational evaluation to determine present needs.

Feel overwhelmed? We can help you navigate the eligibility process. Contact us for our free 30 minute consultation.