The category of "speech or language impairment" (commonly referred to as "SLI") accounts for the second highest numbers in terms of students served in special education. (Source: Digest of Education Statistics: 2010). A speech or language impairment is, most simply put, a disorder in the area of communication. While there are diagnostic criteria used by licensed pathologists and psychologist to diagnose a child with a Language Disorder, the eligibility criteria, like all categories, is set by the IDEA and state law and does not rely on exactly the same standards.
IDEA Definition:
IDEA defines a speech or language impairment as a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance. 34 C.F.R. section 300.8. State laws will have more specific criteria for how to determine if a child presents with such an impairment and qualifies for special education and related services.
Example of State Criteria:
In California, the Education Code sets forth the following criteria for eligibility under the category of SLI:
(c) A pupil has a language or speech disorder as defined in Section 56333 of the Education Code, and it is determined that the pupil's disorder meets one or more of the following criteria:
(1) Articulation disorder.
(A) The pupil displays reduced intelligibility or an inability to use the speech mechanism which significantly interferes with communication and attracts adverse attention. Significant interference in communication occurs when the pupil's production of single or multiple speech sounds on a developmental scale of articulation competency is below that expected for his or her chronological age or developmental level, and which adversely affects educational performance.
(B) A pupil does not meet the criteria for an articulation disorder if the sole assessed disability is an abnormal swallowing pattern.
(2) Abnormal Voice. A pupil has an abnormal voice which is characterized by persistent, defective voice quality, pitch, or loudness.
(3) Fluency Disorders. A pupil has a fluency disorder when the flow of verbal expression including rate and rhythm adversely affects communication between the pupil and listener.
(4) Language Disorder. The pupil has an expressive or receptive language disorder when he or she meets one of the following criteria:
(A) The pupil scores at least 1.5 standard deviations below the mean, or below the 7th percentile, for his or her chronological age or developmental level on two or more standardized tests in one or more of the following areas of language development: morphology, syntax, semantics, or pragmatics. When standardized tests are considered to be invalid for the specific pupil, the expected language performance level shall be determined by alternative means as specified on the assessment plan, or
(B) The pupil scores at least 1.5 standard deviations below the mean or the score is below the 7th percentile for his or her chronological age or developmental level on one or more standardized tests in one of the areas listed in subsection (A) and displays inappropriate or inadequate usage of expressive or receptive language as measured by a representative spontaneous or elicited language sample of a minimum of fifty utterances. The language sample must be recorded or transcribed and analyzed, and the results included in the assessment report. If the pupil is unable to produce this sample, the language, speech, and hearing specialist shall document why a fifty utterance sample was not obtainable and the contexts in which attempts were made to elicit the sample. When standardized tests are considered to be invalid for the specific pupil, the expected language performance level shall be determined by alternative means as specified in the assessment plan.
(Source: Title 5, California Code of Regulations, Section 3030(c))
Other states also have criteria that is based on sub-dividing this category into specific impairments that include fluency disorders, voice disorders, articulation disorders and language disorders. For a sampling, see these state's websites:
Minnesota
Wisconsin
Georgia
Oregon
Idaho
Things to keep in mind:
SLI is not just about articulation. Many school districts are good at identifying the students who strictly fall within the "articulation" category of impairment, but have more difficulty when it comes to adequately and comprehensively assessing students to identify the more subjective and complex language disorders. This is something you should look out for starting with the assessment plan itself - be proactive and make sure your school district is also looking at the broader language and communication issues including receptive language, expressive language, pragmatics / social language, etc.
Eligibility under the category of SLI versus the need for speech and language services:
Here in California, a problem that we often face is the misunderstanding amongst school district speech therapists regarding how to apply the eligibility criteria. The eligibility criteria has a lot of specificity of the criteria in terms of how far below the mean a student's scores must fall. School districts often mistakenly assert that this criteria is what must be met for a student to receive speech and language therapy as a related service. In other words, even if a student is already eligible, or is being made eligible, for special education under another category, such as Autism or SLD, a school district may say that they cannot receive speech therapy as a related service if they do not also meet the criteria for eligibility under the category of SLI. This is a mistaken analysis, as these are two entirely separate issues. One issue is whether a student is eligible under SLI as their category of eligibility. The other is whether they require speech therapy as a related services to meet their unique needs arising from their disability. Once a child is eligible for special education and related services under any category, the school district is obligated to offer and provide a program that meets their unique needs and provides them and educational benefit.
Other Resources:
The American Speech and Hearing Association (ASHA) is a go-to source of information regarding speech and language impairments and related issues. Their article about eligibility for special education can be found on their website (click here).
Showing posts with label eligibility. Show all posts
Showing posts with label eligibility. Show all posts
Thursday, October 27, 2011
Friday, September 23, 2011
Eligibility under the Category of Autism / Autistic Like Behaviors
The national organization Autism Speaks reports that it is currently estimated that one in every 110 children is diagnosed with Autism, and that the prevalence rate is increasing by 10-15 percent per year. (Source: What is Autism? www.autismspeaks.org) With those numbers, leading some people to refer to an "Autism epidemic" it is no wonder that eligibility for special education under the category of Autism is sometimes a hot topic.
The IDEA definition of Autism:
Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.
34 C.F.R. section 300.8(c)(1). The IDEA also notes that students who exhibit the characteristics of Autism after age 3 can also be eligible if the other criteria is met.
State Criteria for Autism Eligibility:
State special education laws have their own specific criteria for eligibility under the Autism category. Many states have criteria that is focused not on whether there is an actual diagnosis of Autism, but whether there is the presentation of characteristics associated with Autism, and because of these needs the child requires special education and related services. Here are some examples:
California defines this category as "Autistic Like Behaviors." Just this label itself is helpful for broadening the availability of special education and related services under this category to include students who may not have an actual medical diagnosis of Autism. In California, defines Autistic Like Behaviors as follows:
A pupil exhibits any combination of the following autistic-like behaviors, to include but not limited to:
(1) An inability to use oral language for appropriate communication;
(2) A history of extreme withdrawal or relating to people inappropriately and continued impairment in social interaction from infancy through early childhood;
(3) An obsession to maintain sameness;
(4) Extreme preoccupation with objects or inappropriate use of objects or both;
(5) Extreme resistance to controls;
(6) Displays peculiar motoric mannerisms and motility patterns.
(7) Self-stimulating, ritualistic behavior.
Title 5, California Code of Regulations, section 3030(g).
Another list, with more thorough explanations, is found in the Wisconsin education laws, which specifically require that two or more of the behaviors be exhibited:
As each state has their own criteria, it is important to identify what the applicable standard is for your state specifically. Remember that assessments should be done in all areas of suspected disability, and should provide the IEP team with enough information to make determinations of eligibility and need for special education and related services. Thus, when a school district is assessing for a possible eligibility under the category of Autism, that assessment should be looking at the applicable list of characteristics and behaviors, even if the assessor does not "diagnose" under the DSM-IV (see below).
Diagnosis versus Eligibility:
Diagnosis of Autism under the DSM-IV is different than a determination of eligibility under the category of Autism or Autistic Like Behaviors. Different standards, and sometimes different procedures, are used. Thus, if a child does not have a diagnosis by a qualified professional of Autism, this should not necessarily stand in the way of eligibility if the school district does a proper assessment. Here is a little bit more about diagnosis:
DSM-IV Criteria for Diagnosing Autism:
The qualifications for being able to diagnose a child under the DSM-IV criteria and being able to assess a child for special education eligibility may be different. Generally, if a school psychologist or other assessor for the school district is using the term "diagnose" you should ask for information about their qualifications to do so, and about whether they were evaluating in order to ascertain a "diagnosis" or a disability as defined in educational criteria.
Meaning of "Adverse Effect on Educational Performance"
The IDEA requires consideration of whether the student's Autism "adversely affects educational performance." This in turn becomes something up for interpretations, and given that many states have also not clearly defined the meaning of either "adverse effect" or "educational performance," it becomes the subject of dispute between parents and school districts. The term "adverse effect" has been noted not to require evidence of a "significant impact" on educational performance in some cases, while others have noted that it requires more than "slight impact" on educational performance. The term "educational performance," which seems pretty straightforward, can actually be even more tricky. Again, this is an area where you will have to investigate your state laws to see how "educational performance" is defined.
What may be included in "educational performance?" The obvious answer is academic skills / achievement. However, it could possibly also include non-academics such as behavior, social skills, communication skills, interactions with peers, etc. If you think about this, it makes perfectly logical sense. Ask any teacher what children are expected to learn and do in class, and the list will undoubtedly include appropriate classroom behaviors and learning to get along with others. Look at your state's educational content standards, and there are likely to be ones related to communication and listening skills. Take a look at your child's report card carefully, and you'll notice "citizenship" or "effort" scores that are likely related not to what academic skills were performed, but how your child behaved and interacted in the classroom. All of these things are part of the educational environment and expectations for kids, and there is an argument to be made that this makes them part of what should be considered in "educational performance."
The IDEA definition of Autism:
Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.
34 C.F.R. section 300.8(c)(1). The IDEA also notes that students who exhibit the characteristics of Autism after age 3 can also be eligible if the other criteria is met.
State Criteria for Autism Eligibility:
State special education laws have their own specific criteria for eligibility under the Autism category. Many states have criteria that is focused not on whether there is an actual diagnosis of Autism, but whether there is the presentation of characteristics associated with Autism, and because of these needs the child requires special education and related services. Here are some examples:
California defines this category as "Autistic Like Behaviors." Just this label itself is helpful for broadening the availability of special education and related services under this category to include students who may not have an actual medical diagnosis of Autism. In California, defines Autistic Like Behaviors as follows:
A pupil exhibits any combination of the following autistic-like behaviors, to include but not limited to:
(1) An inability to use oral language for appropriate communication;
(2) A history of extreme withdrawal or relating to people inappropriately and continued impairment in social interaction from infancy through early childhood;
(3) An obsession to maintain sameness;
(4) Extreme preoccupation with objects or inappropriate use of objects or both;
(5) Extreme resistance to controls;
(6) Displays peculiar motoric mannerisms and motility patterns.
(7) Self-stimulating, ritualistic behavior.
Title 5, California Code of Regulations, section 3030(g).
Another list, with more thorough explanations, is found in the Wisconsin education laws, which specifically require that two or more of the behaviors be exhibited:
1. The child displays difficulties or differences or both in interacting with people and events. The child may be unable to establish and maintain reciprocal relationships with people. The child may seek consistency in environmental events to the point of exhibiting rigidity in routines.
2. The child displays problems which extend beyond speech and language to other aspects of social communication, both receptively and expressively. The child’s verbal language may be absent or, if present, lacks the usual communicative form which may involve deviance or delay or both. The child may have a speech or language disorder or both in addition to communication difficulties associated with autism.
3. The child exhibits delays, arrests, or regressions in motor, sensory, social or learning skills. The child may exhibit precocious or advanced skill development, while other skills may develop at normal or extremely depressed rates. The child may not follow normal developmental patterns in the acquisition of skills.
4. The child exhibits abnormalities in the thinking process and in generalizing. The child exhibits strengths in concrete thinking while difficulties are demonstrated in abstract thinking, awareness and judgment. Perseverant thinking and impaired ability to process symbolic information may be present.
5. The child exhibits unusual, inconsistent, repetitive or unconventional responses to sounds, sights, smells, tastes, touch or movement. The child may have a visual or hearing impairment or both in addition to sensory processing difficulties associated with autism.
6. The child displays marked distress over changes, insistence on following routines, and a persistent preoccupation with or attachment to objects. The child’s capacity to use objects in an age—appropriate or functional manner may be absent, arrested or delayed. The child may have difficulty displaying a range of interests or imaginative activities or both. The child may exhibit stereotyped body movements.
Wisconsin Administrative Code; PI 11.36(8).As each state has their own criteria, it is important to identify what the applicable standard is for your state specifically. Remember that assessments should be done in all areas of suspected disability, and should provide the IEP team with enough information to make determinations of eligibility and need for special education and related services. Thus, when a school district is assessing for a possible eligibility under the category of Autism, that assessment should be looking at the applicable list of characteristics and behaviors, even if the assessor does not "diagnose" under the DSM-IV (see below).
Diagnosis versus Eligibility:
Diagnosis of Autism under the DSM-IV is different than a determination of eligibility under the category of Autism or Autistic Like Behaviors. Different standards, and sometimes different procedures, are used. Thus, if a child does not have a diagnosis by a qualified professional of Autism, this should not necessarily stand in the way of eligibility if the school district does a proper assessment. Here is a little bit more about diagnosis:
DSM-IV Criteria for Diagnosing Autism:
I. A total of six (or more) items from heading (A), (B), and (C), with at least two from (A), and one each from (B) and (C):
(A) Qualitative impairment in social interaction, as manifested by at least two of the following:
- Marked impairments in the use of multiple nonverbal behaviors such as eye-to- eye gaze, facial expression, body posture, and gestures to regulate social interaction.
- Failure to develop peer relationships appropriate to developmental level.
- A lack of spontaneous seeking to share enjoyment, interests, or achievements with other people, (e.g., by a lack of showing, bringing, or pointing out objects of interest to other people).
- A lack of social or emotional reciprocity.
(B) Qualitative impairments in communication as manifested by at least one of the following:
- Delay in or total lack of, the development of spoken language (not accompanied by an attempt to compensate through alternative modes of communication such as gesture or mime).
- In individuals with adequate speech, marked impairment in the ability to initiate or sustain a conversation with others.
- Stereotyped and repetitive use of language or idiosyncratic language.
- Lack of varied, spontaneous make-believe play or social imitative play appropriate to developmental level.
(C) Restricted repetitive and stereotyped patterns of behavior, interests and activities, as manifested by at least two of the following:
- Encompassing preoccupation with one or more stereotyped and restricted patterns of interest that is abnormal either in intensity or focus.
- Apparently inflexible adherence to specific, nonfunctional routines or rituals.
- Stereotyped and repetitive motor mannerisms (e.g. Hand or finger flapping or twisting, or complex whole-body movements).
- Persistent preoccupation with parts of objects.
II. Delays or abnormal functioning in at least one of the following areas, with onset prior to age 3 years:
(A) Social interaction.
(B) Language is used in social communication.
(C) Symbolic or imaginative play.
III. The disturbance is not better accounted for by Rett's Disorder or Childhood Disintegrative Disorder.
Source: Diagnostic and Statistical Manual of Mental Disorders; Fourth
The qualifications for being able to diagnose a child under the DSM-IV criteria and being able to assess a child for special education eligibility may be different. Generally, if a school psychologist or other assessor for the school district is using the term "diagnose" you should ask for information about their qualifications to do so, and about whether they were evaluating in order to ascertain a "diagnosis" or a disability as defined in educational criteria.
Meaning of "Adverse Effect on Educational Performance"
The IDEA requires consideration of whether the student's Autism "adversely affects educational performance." This in turn becomes something up for interpretations, and given that many states have also not clearly defined the meaning of either "adverse effect" or "educational performance," it becomes the subject of dispute between parents and school districts. The term "adverse effect" has been noted not to require evidence of a "significant impact" on educational performance in some cases, while others have noted that it requires more than "slight impact" on educational performance. The term "educational performance," which seems pretty straightforward, can actually be even more tricky. Again, this is an area where you will have to investigate your state laws to see how "educational performance" is defined.
What may be included in "educational performance?" The obvious answer is academic skills / achievement. However, it could possibly also include non-academics such as behavior, social skills, communication skills, interactions with peers, etc. If you think about this, it makes perfectly logical sense. Ask any teacher what children are expected to learn and do in class, and the list will undoubtedly include appropriate classroom behaviors and learning to get along with others. Look at your state's educational content standards, and there are likely to be ones related to communication and listening skills. Take a look at your child's report card carefully, and you'll notice "citizenship" or "effort" scores that are likely related not to what academic skills were performed, but how your child behaved and interacted in the classroom. All of these things are part of the educational environment and expectations for kids, and there is an argument to be made that this makes them part of what should be considered in "educational performance."
Thursday, September 22, 2011
Eligibility under the category of "Developmental Delay"
Understanding the eligibility category that is designated on your child's IEP is important because it enables you to come from the same "starting place" as an IEP team. With so many categories and "labels," it can definitely be confusing, particularly for parents who are new to the "system." For preschool aged students, understanding the longer term relevance of the category designated is also important.
The IDEA allows for eligibility under the category of "Developmental Delay," which is a unique category with different rules than the other categories, and only applies to a particular age group.
Developmental Delay as an eligibility category is an option.
States can choose to recognize DD as an eligibility and create guidelines for determining eligibility under this category. Then, if the state has set forth DD as an option, individual school districts can choose whether to adopt DD as a category. The state cannot force the District to adopt DD for eligibility purposes, but if the state itself doesn't adopt DD, then the school districts are not allowed to use that category. (The 1997 amendments of the IDEA changed the provisions related to Developmental Delay to make the adoption of this category in the discretion of both the SEA and the LEA, rather than solely in the discretion of the SEA). If the state chooses to adopt DD as an eligibility category, then a school district that chooses to use this category must apply the state's definition of DD and the state's determination of age range. A district cannot deviate from the definition of developmental delay or the age range adopted by the state. 34 C.F.R. section 300.111(b)(3).
Definition of Developmental Delay
The IDEA: Developmental delay includes a student 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. 34 C.F.R. 300.8(b)(1).
Of course, as stated above, the states have the power to define "developmental delay," including adding details to the definition above, or setting the specific date range that is covered by this category. Included below is a list of the details / criteria from California's definition of DD, since that is the one I am familiar with, as well as a few others I've been able to locate.
State: California
Legal Citation: Title 5, California Code of Regulations, section 3031
Age Range: through age 4 years and nine months
Criteria: There are three ways to meet the criteria. (1) Child must be functioning at or below 50% of his / her chronological age level in any one of the identified skill areas (gross or fine motor, receptive or expressive language, social or emotional development, cognitive development, visual development); or (2) Child must be functioning between 51% and 75% of his / her chronological age in any two of the identified skill areas (see above); or (3) Child has a disabling medical condition or congenital syndrome which the team determines has a high predictability of requiring intensive special education services (i.e. "at risk" category).
State: Maryland
Legal Citation: COMAR 13A.05.01.03B(69)
Age Range: school districts have the option of utilizing the DD category for students age 3 to 5, or for students up to any age not exceeding 9.
Criteria: There are three ways to meet the criteria - (1) Child has 25% or greater delay in adaptive, cognitive, communicative, emotional, physical or social development as measured and verified by appropriate diagnostic instruments and procedures; or (2) Child has atypical development or behavior, which is demonstrated by abnormal quality of performance and function in one or more of the specified areas, and which interferes with current development and is likely to result in subsequent delay; or (3) Child has a diagnosed physical or mental condition (elsewhere defined in the statute) which has a high probability of resulting in a developmental delay, including students with sensory impairments inborn errors of metabolism, microcephaly, fetal alcohol syndrome, epilepsy, Down Syndrome, and other chromosomal abnormalities.
State: Wisconsin
Legal Citation: Wisconsin Administrative Code, PI 11.02 (11)
Age: through age 5 or "below the age for compulsory education"
Criteria: (1) First, all other suspected areas of eligibility must be ruled out; (2) Child must demonstrate delays in development that significantly challenge the child in two or more of five specifically identified "major life activities" including: physical activity in gross motor skills; cognitive activities; communication; emotional activities; and adaptive activities; and (3) These delays must be documented via quantitative and qualitative measures.
What's Important to Know about the Developmental Delay Category
It's important to realize that based on the IDEA and your state's regulations, there may be a "cut off date" for eligibility under the DD category. Some school districts interpret this to mean that a child is to be automatically exited from special education at that age. This isn't an accurate interpretation or appropriate approach. Rather, if a child's sole category of eligibility has been under DD, then the school district should reevaluate before the "cut off age" in order to determine if the child meets the criteria in another area. Remember - school districts are obligated to assess a child in all areas of suspected disability, so the reevaluation should be sufficient to identify other possible areas in which the child may have needs that require special education and related services.
The IDEA allows for eligibility under the category of "Developmental Delay," which is a unique category with different rules than the other categories, and only applies to a particular age group.
Developmental Delay as an eligibility category is an option.
States can choose to recognize DD as an eligibility and create guidelines for determining eligibility under this category. Then, if the state has set forth DD as an option, individual school districts can choose whether to adopt DD as a category. The state cannot force the District to adopt DD for eligibility purposes, but if the state itself doesn't adopt DD, then the school districts are not allowed to use that category. (The 1997 amendments of the IDEA changed the provisions related to Developmental Delay to make the adoption of this category in the discretion of both the SEA and the LEA, rather than solely in the discretion of the SEA). If the state chooses to adopt DD as an eligibility category, then a school district that chooses to use this category must apply the state's definition of DD and the state's determination of age range. A district cannot deviate from the definition of developmental delay or the age range adopted by the state. 34 C.F.R. section 300.111(b)(3).
Definition of Developmental Delay
The IDEA: Developmental delay includes a student 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. 34 C.F.R. 300.8(b)(1).
Of course, as stated above, the states have the power to define "developmental delay," including adding details to the definition above, or setting the specific date range that is covered by this category. Included below is a list of the details / criteria from California's definition of DD, since that is the one I am familiar with, as well as a few others I've been able to locate.
State: California
Legal Citation: Title 5, California Code of Regulations, section 3031
Age Range: through age 4 years and nine months
Criteria: There are three ways to meet the criteria. (1) Child must be functioning at or below 50% of his / her chronological age level in any one of the identified skill areas (gross or fine motor, receptive or expressive language, social or emotional development, cognitive development, visual development); or (2) Child must be functioning between 51% and 75% of his / her chronological age in any two of the identified skill areas (see above); or (3) Child has a disabling medical condition or congenital syndrome which the team determines has a high predictability of requiring intensive special education services (i.e. "at risk" category).
State: Maryland
Legal Citation: COMAR 13A.05.01.03B(69)
Age Range: school districts have the option of utilizing the DD category for students age 3 to 5, or for students up to any age not exceeding 9.
Criteria: There are three ways to meet the criteria - (1) Child has 25% or greater delay in adaptive, cognitive, communicative, emotional, physical or social development as measured and verified by appropriate diagnostic instruments and procedures; or (2) Child has atypical development or behavior, which is demonstrated by abnormal quality of performance and function in one or more of the specified areas, and which interferes with current development and is likely to result in subsequent delay; or (3) Child has a diagnosed physical or mental condition (elsewhere defined in the statute) which has a high probability of resulting in a developmental delay, including students with sensory impairments inborn errors of metabolism, microcephaly, fetal alcohol syndrome, epilepsy, Down Syndrome, and other chromosomal abnormalities.
State: Wisconsin
Legal Citation: Wisconsin Administrative Code, PI 11.02 (11)
Age: through age 5 or "below the age for compulsory education"
Criteria: (1) First, all other suspected areas of eligibility must be ruled out; (2) Child must demonstrate delays in development that significantly challenge the child in two or more of five specifically identified "major life activities" including: physical activity in gross motor skills; cognitive activities; communication; emotional activities; and adaptive activities; and (3) These delays must be documented via quantitative and qualitative measures.
What's Important to Know about the Developmental Delay Category
It's important to realize that based on the IDEA and your state's regulations, there may be a "cut off date" for eligibility under the DD category. Some school districts interpret this to mean that a child is to be automatically exited from special education at that age. This isn't an accurate interpretation or appropriate approach. Rather, if a child's sole category of eligibility has been under DD, then the school district should reevaluate before the "cut off age" in order to determine if the child meets the criteria in another area. Remember - school districts are obligated to assess a child in all areas of suspected disability, so the reevaluation should be sufficient to identify other possible areas in which the child may have needs that require special education and related services.
Friday, September 24, 2010
Fast Fact Friday: Temporary Disabilities
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.
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.
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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