Various circumstances could cause a student to have a disabling condition that is temporary in nature, the most common being broken limbs.
Can a student be eligible for special education and related services if he/she has a "temporary disability?"
Students with temporary disabilities may be protected under section 504 if those disabilities substantially limit one or more major life activities for an extended period of time. Thus, students with temporary disabilities may be entitled to a FAPE under section 504. Because section 504 eligibility focuses on a student's ability to access educational opportunities, factors beyond merely academics must be considered as well. A student with a serious illness, for example, may be unable to access the educational environment without physical accommodations if that student has difficulties walking, climb steps, etc.
It is less likely that a temporary disability would give rise to eligibility under IDEA, however, because of the statutory scheme for eligibility. The IDEA requires that a student have a disability specifically under one of the identified 13 disabling conditions, and that the student require special education and related services because of the disability. A student with a broken arm, for instance, may require accommodations to access the educational environment but it would be difficult to demonstrate that the student required specialized instruction or services.
Showing posts with label eligibility. Show all posts
Showing posts with label eligibility. Show all posts
Friday, September 24, 2010
Friday, September 10, 2010
Fast Fact Friday: Low Incidence Disability
Broadly defined, a "low incidence disability" is one in which the rate of occurrence is extremely small. California, for example, specifically defines "low incidence disability" as "a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12." California Education Code section 56026.5.
Some examples could include:
Some low incidence disabilities may present unique challenges related to providing staff who are trained and qualified to assess those particular students and provide them with instruction and services. However, these students have the same right to a free appropriate public education under the I.D.E.A. as any other eligible student.
The fact that a student is categorized as having a "low incidence" disability cannot be the basis of a determination that he/she should be removed from the regular educational environment. Rather,
Some examples could include:
- Blindness
- Visual Impairment
- Deafness
- Hard of hearing
- Deaf-blindness
- Severe cognitive delay
- Serious physical disability / impairment
- Significant / complex health related conditions
- Multiple disabilities
- Autism
Some low incidence disabilities may present unique challenges related to providing staff who are trained and qualified to assess those particular students and provide them with instruction and services. However, these students have the same right to a free appropriate public education under the I.D.E.A. as any other eligible student.
The fact that a student is categorized as having a "low incidence" disability cannot be the basis of a determination that he/she should be removed from the regular educational environment. Rather,
"the process for determining the educational placement for children with low-incidence disabilities is the same process used for determining the educational placement for all children with disabilities. That is, each child's educational placement must be determined on an individual case-by-case basis depending on each child's unique educational needs and circumstances, rather than by the child's category of disability." Comments and discussion to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46586 (2006).
Wednesday, October 28, 2009
Specific Learning Disability - Eligibility for Special Education
Eligibility for special education and related services under the category of Specific Learning Disability (SLD) involves perhaps the most complicated rules and analysis of any category under the IDEA. The understanding and acknowledgment of what constitutes a learning disability is changing as awareness, research, and information becomes more prevalent. Not only does research about learning disabilities in general effect the understanding of eligibility, but also research and developments about evaluation procedures and interventions can have an impact.
SLD is the only category under the IDEA that has specific evaluation procedures, beyond the general requirements for special education evaluations, that attach to the determination of eligibility. These specific evaluation procedures will be more thoroughly covered in a subsequent blog post.
IDEA's Definition of SLD Eligibility Under IDEA:
"In general, the term 'specific learning disability' means a disorder in 1 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." 20 U.S.C. section 1401(30).
The team may determine that a child has a specific learning disability IF:
"(1) the child does not achieve adequately for the child's age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child's age or State-approved grade level standards:
(i) oral expression
(ii) listening comprehension
(iii) written expression
(iv) basic reading skill
(v) reading fluency skills
(vi) reading comprehension
(vii) mathematics calculation
(viii) mathematics problem solving
(2) (i) the child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in (1) above when using a process based on the child's response to scientific research-based intervention; or (ii) the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments... and
(3) the group determines that its findings are not primarily the result of
(i) a visual, hearing, or motor disability
(ii) mental retardation
(iii) emotional disturbance
(iv) cultural factors
(v) environmental or economic disadvantage; or
(vi) limited English proficiency"
34 C.F.R. section 300.309
Thus, to simplify this, under the IDEA's definition, the determination is going to be based on whether the child is not making adequate or sufficient progress relative to his/her age and to grade level standards, in one of the specified skill areas, even given appropriate learning experiences and instruction or given research-based interventions.
Role of State Laws and Regulations:
Each state individually sets forth guidelines that further explain the process for determining eligibility under the category of SLD. The IDEA states that "a state must adopt... criteria for determining whether a child has a specific learning disability..." 34 C.F.R. section 300.307(a). States are prohibited from requiring the use of the "severe discrepancy" model, must allow the use of a response to intervention model, and may allow the use of other research-based procedures. 34 C.F.R. section 300.307(a). The individual school districts are required to use the criteria adopted by the state.
Discrepancy Model:
Prior to the 2004 changes to the IDEA, the "severe discrepancy model" was the primary method utilized to determine eligibility under the category of SLD.
The severe discrepancy model looks at whether there is a severe/significant discrepancy between a child's intellectual ability and that child's achievement in a specified academic area. Whether a discrepancy is "severe" is determined by the standard used in that district / state, and is typically based upon a difference of 1.5 standard deviations.
For example:
Child is given a general ability measure or IQ test and his/her overall ability / full scale IQ is found to be a 100.
Child is also given a standardized measure of academic achievement, and cluster scores in areas related to reading are found to be broad reading - 80, reading comprehension - 72, basic reading skills - 75.
The difference or discrepancy between ability and achievement in the area of broad reading would be 20 points, in the area of reading comprehension would be 28 points, and in the area of basic reading would be 25 points. On standardized measure wherein 100 is the mean, two and a half standard deviations is 22.5 points, so this child has a "severe discrepancy" in reading comprehension and basic reading skills.
Although states can no longer require the use of a severe discrepancy model, they can still adopt this model, and define it, as one option for school districts to utilize. Therefore, in some areas, the discrepancy model is still widely used.
It is important to note that the discrepancy model relies upon a comparison of the child's achievement academically to his/her own ability level, rather than merely to grade- or age- level expectations. However, even if a state allows for use of the discrepancy model, the state's procedures must be consistent with the definition of an SLD under the IDEA, see above. Under that definition, it is necessary to look at whether the child is achieving adequately / sufficiently to meet age or grade-level standards, not necessarily to meet expectations based upon their own IQ.
Response to Intervention Model:
Response to Intervention (RTI) is still a relatively new model in terms of special education eligibility. The idea behind RTI, though, is based in the finding that students who are provided with appropriate, research-based instructions should learn to read, write, do math, etc. This is similar to the idea behind the requirements of No Child Left Behind that students be provide with research based instructions. Basically, the IDEA's recognition of RTI as an appropriate process to take into consideration when making an eligibility determination is a recognition that there should be a determination that the child has learning difficulties even though he/she has been provided with research-based interventions within the general education setting before he/she is determined to have a disability.
The main components of an RTI program include (1) provision of scientific, research-based instruction and interventions within the general education program; (2) monitoring progress with specific measurement tools that are scientifically based; (3) adjustments to interventions and instruction provided based on the measurement of student progress.
RTI can take into consideration instructional curriculum that is already being used in the classroom, without the need for addition instruction / intervention prior to an eligibility determination. For example, if the District-wide curriculum for reading is a "research-based program," that has built-in periodic progress measurements, the consideration of RTI may look at the student's progress within that instructional program.
The District is not permitted to halt or delay the assessment timelines due to the utilization of the RTI model, as will be discussed more thoroughly in a subsequent blog post.
Stay tuned for Part 2 on this topic, which will cover Consideration of Other Factors, Specific Diagnoses vs. Eligibility, and Issues related to Highly Intelligent Students with SLD.
SLD is the only category under the IDEA that has specific evaluation procedures, beyond the general requirements for special education evaluations, that attach to the determination of eligibility. These specific evaluation procedures will be more thoroughly covered in a subsequent blog post.
IDEA's Definition of SLD Eligibility Under IDEA:
"In general, the term 'specific learning disability' means a disorder in 1 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." 20 U.S.C. section 1401(30).
The team may determine that a child has a specific learning disability IF:
"(1) the child does not achieve adequately for the child's age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child's age or State-approved grade level standards:
(i) oral expression
(ii) listening comprehension
(iii) written expression
(iv) basic reading skill
(v) reading fluency skills
(vi) reading comprehension
(vii) mathematics calculation
(viii) mathematics problem solving
(2) (i) the child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in (1) above when using a process based on the child's response to scientific research-based intervention; or (ii) the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments... and
(3) the group determines that its findings are not primarily the result of
(i) a visual, hearing, or motor disability
(ii) mental retardation
(iii) emotional disturbance
(iv) cultural factors
(v) environmental or economic disadvantage; or
(vi) limited English proficiency"
34 C.F.R. section 300.309
Thus, to simplify this, under the IDEA's definition, the determination is going to be based on whether the child is not making adequate or sufficient progress relative to his/her age and to grade level standards, in one of the specified skill areas, even given appropriate learning experiences and instruction or given research-based interventions.
Role of State Laws and Regulations:
Each state individually sets forth guidelines that further explain the process for determining eligibility under the category of SLD. The IDEA states that "a state must adopt... criteria for determining whether a child has a specific learning disability..." 34 C.F.R. section 300.307(a). States are prohibited from requiring the use of the "severe discrepancy" model, must allow the use of a response to intervention model, and may allow the use of other research-based procedures. 34 C.F.R. section 300.307(a). The individual school districts are required to use the criteria adopted by the state.
Discrepancy Model:
Prior to the 2004 changes to the IDEA, the "severe discrepancy model" was the primary method utilized to determine eligibility under the category of SLD.
The severe discrepancy model looks at whether there is a severe/significant discrepancy between a child's intellectual ability and that child's achievement in a specified academic area. Whether a discrepancy is "severe" is determined by the standard used in that district / state, and is typically based upon a difference of 1.5 standard deviations.
For example:
Child is given a general ability measure or IQ test and his/her overall ability / full scale IQ is found to be a 100.
Child is also given a standardized measure of academic achievement, and cluster scores in areas related to reading are found to be broad reading - 80, reading comprehension - 72, basic reading skills - 75.
The difference or discrepancy between ability and achievement in the area of broad reading would be 20 points, in the area of reading comprehension would be 28 points, and in the area of basic reading would be 25 points. On standardized measure wherein 100 is the mean, two and a half standard deviations is 22.5 points, so this child has a "severe discrepancy" in reading comprehension and basic reading skills.
Although states can no longer require the use of a severe discrepancy model, they can still adopt this model, and define it, as one option for school districts to utilize. Therefore, in some areas, the discrepancy model is still widely used.
It is important to note that the discrepancy model relies upon a comparison of the child's achievement academically to his/her own ability level, rather than merely to grade- or age- level expectations. However, even if a state allows for use of the discrepancy model, the state's procedures must be consistent with the definition of an SLD under the IDEA, see above. Under that definition, it is necessary to look at whether the child is achieving adequately / sufficiently to meet age or grade-level standards, not necessarily to meet expectations based upon their own IQ.
Response to Intervention Model:
Response to Intervention (RTI) is still a relatively new model in terms of special education eligibility. The idea behind RTI, though, is based in the finding that students who are provided with appropriate, research-based instructions should learn to read, write, do math, etc. This is similar to the idea behind the requirements of No Child Left Behind that students be provide with research based instructions. Basically, the IDEA's recognition of RTI as an appropriate process to take into consideration when making an eligibility determination is a recognition that there should be a determination that the child has learning difficulties even though he/she has been provided with research-based interventions within the general education setting before he/she is determined to have a disability.
The main components of an RTI program include (1) provision of scientific, research-based instruction and interventions within the general education program; (2) monitoring progress with specific measurement tools that are scientifically based; (3) adjustments to interventions and instruction provided based on the measurement of student progress.
RTI can take into consideration instructional curriculum that is already being used in the classroom, without the need for addition instruction / intervention prior to an eligibility determination. For example, if the District-wide curriculum for reading is a "research-based program," that has built-in periodic progress measurements, the consideration of RTI may look at the student's progress within that instructional program.
The District is not permitted to halt or delay the assessment timelines due to the utilization of the RTI model, as will be discussed more thoroughly in a subsequent blog post.
Stay tuned for Part 2 on this topic, which will cover Consideration of Other Factors, Specific Diagnoses vs. Eligibility, and Issues related to Highly Intelligent Students with SLD.
Monday, July 13, 2009
Back to the Beginning: How to Get an IEP for your Special Needs Child
If you think your child may require special education, including specialized instruction and services, within the school setting, it may feel very overwhelming to embark on the process of obtaining those services. Here is some basic information to help you understand the initial steps and get you started.
Who May Require An Individualized Education Plan?
If your child has a disability, or you suspect that he or she may have a disability, he/she may require an individualized education plan (IEP) and may be entitled to a free appropriate public education from your school district. Eligibility for special education is based on two factors: First, the child must be a student with a disability; Second, because of that disability, the child must require special education and related services.
Parents may suspect that their child requires an IEP based on many different factors. You should follow up on these suspicions and request an evaluation and IEP (see below) if your child is struggling in school (academically, behaviorally, socially, etc) because of difficulties that you believe may be related to a disability. Maybe your child already has a diagnosed disability from his pediatrician, a specialist, or a psychologist; if you believe that diagnosed disability is impacting him/her educationally, you need to obtain an evaluation and IEP from your school district. Many parents start this process not knowing what disability their child has, but knowing that their child is experiencing difficulties and "failures" in the school setting that don't make sense, or aren't explained by other factors. Ultimately, you as a parent need to follow your instincts, and request the evaluation if you think that a special education program may be required.
How Do You Get the Process Started?
If you suspect that your child may have a disability and may require special education, the first step is to request that your local school district conduct an evaluation. You should make this request in writing. Although it is certainly appropriate for you to verbally discuss your concerns with your child's teachers or other staff, you should not trust that doing so will mean that your child will be referred for an evaluation. Make a very specific request in writing and make sure it gets to the appropriate person at your child's school, and at the school district if necessary. The school staff should be able to tell you exactly who handles these requests so that you can address your letter to the appropriate person.
Your letter should state clearly that you are requesting a comprehensive evaluation in order to determine eligibility for special education and related services. If your child has a diagnosed disability already, it would be a good idea to state this in the letter. Otherwise, you can state what your concerns are that cause you to believe an IEP is required.
Example:
After you have formally requested an evaluation and an IEP, the school district cannot simply ignore that request. They will need to respond to you and initiating the evaluation process. If the school district ignores the request and does nothing, you can file a Compliance Complaint with your state educational agency.
Different states have different rules in regards to how the evaluation process commences. In California, for example, after the school district recieves a request for an evaluation, it must produce a proposed assessment plan within 15 days. That assessment plan will need to provide the parent with information regarding what areas will be assessed and what assessment measures will be utilized.
After the parent provides consent for the assessment, the school district will need to conduct the evaluations and convene an IEP meeting within the applicable timelies (60 days, for the most part) to review the results. The evaluations conducted by the school district must be conducted by a multidisciplinary team, and must cover all areas of suspected disability, including health and development, vision, hearing, motor skills, language, academics, general intelligence, self-help skills, orientation and mobility, career and vocational skills, social / emotional status, and communication. See 20 U.S.C. section 1414(b). The evaluation also must be sufficiently comprehensive to identify each of the student's unique special education and related services needs. Ultimately, the evaluation needs to provide enough information to the IEP team not only to determine whether the child is eligible, but also to be useful in developing an appropriate program to meet the child's needs.
What Happens at the Initial IEP Meeting?
The District must convene an "IEP team" to review the findings of the evauation. This team includes parents, a special education teacher, a regular education teacher, a district representative or school administrator, and the persons who conducted the assessment or persons who are qualified to interpret the results of the assessment. Parents may invite other persons with specific knowledge about their child or about special education, like a friend, relative, doctor, tutor, therapist, or advocate.
The IEP team as a whole should review the results of the assessment, the findings, and the recommendations. The team should then consider any applicable eligibility categories, and whether, based on the assessment results and other data presented, the child meets any category. The team should also consider whether the child "requires special education and related services."
Remember that parents are a part of the IEP team, and can and should express their opinion regarding eligibility as well as any other concerns that they have regarding their child's education!
If the IEP team determines that the child is eligible for special education, the next step is the development of an Individualized Education Plan, to include goals and objectives to enable the child to make progress and to meet her unique needs, modifications and accommodations necessary to allow the child to access curriculum, and appropriate and necessary related services and specialized instruction to address the child's needs and enable them to recieve benefit from his/her educational program.
What Happens if The District Says No?
If the school district determines that the child is not eligible for special education, you have the right to disagree with this determination. If you do not believe that the district's evaluation was appropriate, accurate, adequate or sufficient, you also have the right to disagree with the evaluation, and to seek an indepedent educational evaluation at district expense. An independent evaluation can be critical to provide more comprehensive information to support a determination that the child is in fact eligible. You can ask that the school district reconvene the IEP team at a later date to review the results of an independent evaluation and determine eligibility.
If you are disagreeing with the eligibility determination, you should make this clear in writing and base it on your concerns. You may need to seek assistance for a special education attorney or advocate to dispute the school district's determination if you need to file for a due process hearing or mediation.
Who May Require An Individualized Education Plan?
If your child has a disability, or you suspect that he or she may have a disability, he/she may require an individualized education plan (IEP) and may be entitled to a free appropriate public education from your school district. Eligibility for special education is based on two factors: First, the child must be a student with a disability; Second, because of that disability, the child must require special education and related services.
Parents may suspect that their child requires an IEP based on many different factors. You should follow up on these suspicions and request an evaluation and IEP (see below) if your child is struggling in school (academically, behaviorally, socially, etc) because of difficulties that you believe may be related to a disability. Maybe your child already has a diagnosed disability from his pediatrician, a specialist, or a psychologist; if you believe that diagnosed disability is impacting him/her educationally, you need to obtain an evaluation and IEP from your school district. Many parents start this process not knowing what disability their child has, but knowing that their child is experiencing difficulties and "failures" in the school setting that don't make sense, or aren't explained by other factors. Ultimately, you as a parent need to follow your instincts, and request the evaluation if you think that a special education program may be required.
How Do You Get the Process Started?
If you suspect that your child may have a disability and may require special education, the first step is to request that your local school district conduct an evaluation. You should make this request in writing. Although it is certainly appropriate for you to verbally discuss your concerns with your child's teachers or other staff, you should not trust that doing so will mean that your child will be referred for an evaluation. Make a very specific request in writing and make sure it gets to the appropriate person at your child's school, and at the school district if necessary. The school staff should be able to tell you exactly who handles these requests so that you can address your letter to the appropriate person.
Your letter should state clearly that you are requesting a comprehensive evaluation in order to determine eligibility for special education and related services. If your child has a diagnosed disability already, it would be a good idea to state this in the letter. Otherwise, you can state what your concerns are that cause you to believe an IEP is required.
Example:
Dear Ms. Administrator:What are the Next Steps?
I am writing in to request an evaluation for special education and related services for my child, Daughter. Daughter is a student in the Local School District and currently attends Local School. Her date of birth is XX/XX/XX, and she is currently in the Xrd Grade.
I am concerned about Daughter's ongoing struggles in school. Although Daughter is smart and capable of learning, she seems to be having a difficult time learning to read, and is falling further and further behind. She is also having a difficult time paying attention, and her teachers have noticed that she is not always on task. Daughter's pediatrician has suggested that she be evaluated for a learning disability. I believe that Local School District needs to conduct a comprehensive evaluation in order to determine her possible eligibility for special education and her unique needs. Thereafter, I am requesting an IEP team meeting to be convened as soon as possible to review the results of the evaluation and to discuss an appropriate plan to address Daughter's educational needs.
I can be reached at 000-000-0000. I look forward to working with you in order to obtain help for Daughter.
Sincerely,
Mother
After you have formally requested an evaluation and an IEP, the school district cannot simply ignore that request. They will need to respond to you and initiating the evaluation process. If the school district ignores the request and does nothing, you can file a Compliance Complaint with your state educational agency.
Different states have different rules in regards to how the evaluation process commences. In California, for example, after the school district recieves a request for an evaluation, it must produce a proposed assessment plan within 15 days. That assessment plan will need to provide the parent with information regarding what areas will be assessed and what assessment measures will be utilized.
After the parent provides consent for the assessment, the school district will need to conduct the evaluations and convene an IEP meeting within the applicable timelies (60 days, for the most part) to review the results. The evaluations conducted by the school district must be conducted by a multidisciplinary team, and must cover all areas of suspected disability, including health and development, vision, hearing, motor skills, language, academics, general intelligence, self-help skills, orientation and mobility, career and vocational skills, social / emotional status, and communication. See 20 U.S.C. section 1414(b). The evaluation also must be sufficiently comprehensive to identify each of the student's unique special education and related services needs. Ultimately, the evaluation needs to provide enough information to the IEP team not only to determine whether the child is eligible, but also to be useful in developing an appropriate program to meet the child's needs.
What Happens at the Initial IEP Meeting?
The District must convene an "IEP team" to review the findings of the evauation. This team includes parents, a special education teacher, a regular education teacher, a district representative or school administrator, and the persons who conducted the assessment or persons who are qualified to interpret the results of the assessment. Parents may invite other persons with specific knowledge about their child or about special education, like a friend, relative, doctor, tutor, therapist, or advocate.
The IEP team as a whole should review the results of the assessment, the findings, and the recommendations. The team should then consider any applicable eligibility categories, and whether, based on the assessment results and other data presented, the child meets any category. The team should also consider whether the child "requires special education and related services."
Remember that parents are a part of the IEP team, and can and should express their opinion regarding eligibility as well as any other concerns that they have regarding their child's education!
If the IEP team determines that the child is eligible for special education, the next step is the development of an Individualized Education Plan, to include goals and objectives to enable the child to make progress and to meet her unique needs, modifications and accommodations necessary to allow the child to access curriculum, and appropriate and necessary related services and specialized instruction to address the child's needs and enable them to recieve benefit from his/her educational program.
What Happens if The District Says No?
If the school district determines that the child is not eligible for special education, you have the right to disagree with this determination. If you do not believe that the district's evaluation was appropriate, accurate, adequate or sufficient, you also have the right to disagree with the evaluation, and to seek an indepedent educational evaluation at district expense. An independent evaluation can be critical to provide more comprehensive information to support a determination that the child is in fact eligible. You can ask that the school district reconvene the IEP team at a later date to review the results of an independent evaluation and determine eligibility.
If you are disagreeing with the eligibility determination, you should make this clear in writing and base it on your concerns. You may need to seek assistance for a special education attorney or advocate to dispute the school district's determination if you need to file for a due process hearing or mediation.
Friday, July 3, 2009
Fast Fact Friday: Age of Eligibility
Age Range Covered:
IDEA 2004 specifies that FAPE must be made available to all children residing in the state between the ages of 3 and 21 inclusive.
34 C.F.R. 300.101(a).
Eligibility At Age 3:
School Districts are required to make FAPE available to children with disabilities by no later than the child's third birthday. 34 C.F.R. 300.101(b). The law specifies that the IEP must be "in effect for the child by that date," meaning that assessments to determine eligibility and an IEP meeting to develop goals, services, placement, etc, should be held prior to the third birthday.
If the child turns three during the summer months, IDEA allows for the IEP team to determine the date upon which the IEP will begin. 34 C.F.R. 300.101(b). However, this should be read in conjunction with the requirement that an IEP be in place at the start of the school year for each child with a disability residing within the district. 34 C.F.R. 300.323(a).
Eligibility To Age 21:
States are permitted to decide how to determine the end date for eligibility for a 21 year old. Some states may cut off eligibility as of the date that a child turns 21. Others may determine that eligibility goes until the end of the semester or school year in which the child turns 21. Still others may determine that the child would remain eligible throughout their 21st year (i.e. until they turn 22).
Keep in mind that being age-eligible is not the same thing as an automatic determination that the child still requires special education and related services. There are other factors used to determine the end of a child's special education program for students beyond "school age," such as graduation from high school with a diploma or certificate of completion, an IEP team determination that the goals have been met and services are no longer required, etc.
IDEA 2004 specifies that FAPE must be made available to all children residing in the state between the ages of 3 and 21 inclusive.
34 C.F.R. 300.101(a).
Eligibility At Age 3:
School Districts are required to make FAPE available to children with disabilities by no later than the child's third birthday. 34 C.F.R. 300.101(b). The law specifies that the IEP must be "in effect for the child by that date," meaning that assessments to determine eligibility and an IEP meeting to develop goals, services, placement, etc, should be held prior to the third birthday.
If the child turns three during the summer months, IDEA allows for the IEP team to determine the date upon which the IEP will begin. 34 C.F.R. 300.101(b). However, this should be read in conjunction with the requirement that an IEP be in place at the start of the school year for each child with a disability residing within the district. 34 C.F.R. 300.323(a).
Eligibility To Age 21:
States are permitted to decide how to determine the end date for eligibility for a 21 year old. Some states may cut off eligibility as of the date that a child turns 21. Others may determine that eligibility goes until the end of the semester or school year in which the child turns 21. Still others may determine that the child would remain eligible throughout their 21st year (i.e. until they turn 22).
Keep in mind that being age-eligible is not the same thing as an automatic determination that the child still requires special education and related services. There are other factors used to determine the end of a child's special education program for students beyond "school age," such as graduation from high school with a diploma or certificate of completion, an IEP team determination that the goals have been met and services are no longer required, etc.
Friday, June 12, 2009
Fast Fact Friday: Specialized Instruction
Eligibility for an IEP is contingent upon (1) the child having an identified disability under one of the eligibility categories in federal and state laws, and (2) the child requiring, by reason of that disability, special education and related services. See 34 C.F.R. section 300.8(a)(1). "Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including (i) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (ii) instruction in physical education." See 20 U.S.C. section 1401(29); 34 C.F.R. section 300.39(a)(1). Furthermore, special education can include related services, such as speech-language pathology, if that service is considered special education rather than a related service under state standards. See 34 C.F.R. section 300.39(a)(2).
What is "specially designed instruction?"
The IDEIA defines specially designed instruction as "adapting, as appropriate to the needs of an eligible child, the content, methodology, or delivery of instruction, (i) to address the unique needs of the child that result from the child's disability; and (ii) to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of hte public agency that apply to all children." 34 C.F.R. section 300.39(b)(3).
Through the IEP process, Districts need to consider whether adaptations are needed in the content (i.e. what is being taught), or the methodology or delivery of instruction (i.e. how it is being taught) in order for the specific child's needs to be addressed and in order for that child to have access to general education curriculum. The IEP team should also consider whether the child needs "additional specialized instruction or related services" in order to make progress towards general education curriculum. See Letter to Anonymous, OSEP 2008.
"Specially designed" means designed with the specific child in mind. Specially designed instruction can include alternative methods of teaching the same curriculum to children with disabilities as to non-disabled students. It can include modified or adapted textbooks.
Under the IDEIA, special education (including specially designed instruction) should be "based on peer reviewed research to the extent practicable." 34 C.F.R. section 300.320(a)(4). In certain cases, specially designed instruction can also include specialized instructional programs, like intensive reading programs, ABA or other methodologies, etc., if these specific instructional programs are required to meet the child's unique needs and ensure access to the general curriculum.
What is "specially designed instruction?"
The IDEIA defines specially designed instruction as "adapting, as appropriate to the needs of an eligible child, the content, methodology, or delivery of instruction, (i) to address the unique needs of the child that result from the child's disability; and (ii) to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of hte public agency that apply to all children." 34 C.F.R. section 300.39(b)(3).
Through the IEP process, Districts need to consider whether adaptations are needed in the content (i.e. what is being taught), or the methodology or delivery of instruction (i.e. how it is being taught) in order for the specific child's needs to be addressed and in order for that child to have access to general education curriculum. The IEP team should also consider whether the child needs "additional specialized instruction or related services" in order to make progress towards general education curriculum. See Letter to Anonymous, OSEP 2008.
"Specially designed" means designed with the specific child in mind. Specially designed instruction can include alternative methods of teaching the same curriculum to children with disabilities as to non-disabled students. It can include modified or adapted textbooks.
Under the IDEIA, special education (including specially designed instruction) should be "based on peer reviewed research to the extent practicable." 34 C.F.R. section 300.320(a)(4). In certain cases, specially designed instruction can also include specialized instructional programs, like intensive reading programs, ABA or other methodologies, etc., if these specific instructional programs are required to meet the child's unique needs and ensure access to the general curriculum.
Thursday, May 7, 2009
Eligibility under the category of Emotional Disturbance ("ED")
Mental health issues, as described in the previous post, are important components of the special education maze for many special needs kids. While mental health concerns arise in every eligibility category, there is one obvious category where they are a centralized concern, and that is the category labeled "Emotional Disturbance".
To qualify for eligibility for special education and related services as someone with an emotional disability, a student must exhibit one of the following five criteria "to a marked degree" over "a long period of time".
These criteria are:
(1) An inability to learn that cannot be explained by intellectual, sensory or health factors.
(2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(3) Inappropriate types of behavior or feelings under normal circumstances.
(4) A general pervasive mood of unhappiness or depression
(5) A tendency to develop physical symptoms or fears associated with personal or school problems.
What is "to a marked degree" over "a long period of time"? Well, to keep things interesting, the IDEA does not define these terms for us. To provide some guidance, the Office of Special Education Programs ("OSEP") has stated that a "generally acceptable definition" of "a long period of time" is a range of time from two to nine months - assuming preliminary interventions have been implemented and proven ineffective during that period. Letter to Anonymous, 213 IDELR 247 (OSEP 1989). As to the requirement that the behavior be to a "marked degree," OSEP has stated that this refers to the "frequency, duration or intensity of a student's emotionally disturbed behavior in comparison to the behavior of his peers and can be indicative of either degree or acuity or pervasiveness." Letter to Anonymous, 213 IDELR 247 (OSEP 1989).
My child meets this criteria, so now what? If your child meets the criteria for ED, then he or she should receive special education and related services that are appropriate for his or her unique educational needs in this area. If your child is not receiving services to meet these needs, then that means it is time for the IEP team to come together to discuss these unique needs, keeping in mind that "educational" needs can include BOTH academic and non-academic areas - so don't be afraid to explain how the emotional disability affects the needs of your child in both of these areas. The bottom line is that your child's IEP should reflect a program that is appropriate to meet your student's unique needs and enable him/her to receive an educational benefit.
How do I get Mental Health Services? Special education students in any disability category may receive services from county mental health programs. To receive these services, it all goes back to the basics of special education- FAPE - if mental health services are appropriate [the "A" in FAPE] to meet your child's unique educational needs [the "E" in FAPE], then those services must be provided at no cost to the parent [the "F" in FAPE].
To qualify for eligibility for special education and related services as someone with an emotional disability, a student must exhibit one of the following five criteria "to a marked degree" over "a long period of time".
These criteria are:
(1) An inability to learn that cannot be explained by intellectual, sensory or health factors.
(2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(3) Inappropriate types of behavior or feelings under normal circumstances.
(4) A general pervasive mood of unhappiness or depression
(5) A tendency to develop physical symptoms or fears associated with personal or school problems.
What is "to a marked degree" over "a long period of time"? Well, to keep things interesting, the IDEA does not define these terms for us. To provide some guidance, the Office of Special Education Programs ("OSEP") has stated that a "generally acceptable definition" of "a long period of time" is a range of time from two to nine months - assuming preliminary interventions have been implemented and proven ineffective during that period. Letter to Anonymous, 213 IDELR 247 (OSEP 1989). As to the requirement that the behavior be to a "marked degree," OSEP has stated that this refers to the "frequency, duration or intensity of a student's emotionally disturbed behavior in comparison to the behavior of his peers and can be indicative of either degree or acuity or pervasiveness." Letter to Anonymous, 213 IDELR 247 (OSEP 1989).
My child meets this criteria, so now what? If your child meets the criteria for ED, then he or she should receive special education and related services that are appropriate for his or her unique educational needs in this area. If your child is not receiving services to meet these needs, then that means it is time for the IEP team to come together to discuss these unique needs, keeping in mind that "educational" needs can include BOTH academic and non-academic areas - so don't be afraid to explain how the emotional disability affects the needs of your child in both of these areas. The bottom line is that your child's IEP should reflect a program that is appropriate to meet your student's unique needs and enable him/her to receive an educational benefit.
How do I get Mental Health Services? Special education students in any disability category may receive services from county mental health programs. To receive these services, it all goes back to the basics of special education- FAPE - if mental health services are appropriate [the "A" in FAPE] to meet your child's unique educational needs [the "E" in FAPE], then those services must be provided at no cost to the parent [the "F" in FAPE].
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