Eligibility for Special Education Services: Articles, Resouces and Decisions from Wrightslaw

Eligibility
FAQs | Articles | Legal Resources | Caselaw

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When Congress reauthorized IDEA, they strengthened the role of parents:

"Decisions about special education eligibility must be made by a team that includes the child's parent. Parents are entitled to all evaluation reports and documentation about how eligibility decisions are made"

These changes were maintained when the IDEA was reauthorized in 2004.

Who is Eligible for Special Education Services?

To be eligible for special education, a child must have a disability and must need special education services and related services. If a child has a disability but does not need special education services, the child is not eligible for special education under IDEA but may be eligible for protections under Section 504 of the Rehabilitation Act.

These issues are confusing. We suggest that you read the definitions of "Child with a Disability" and "Special education" in Wrightslaw: IDEA 2004.

FAQs

FAQs: Your Child's Eligibility. Frequently asked questions about evaluations, eligibility decisions, disability categories under IDEA, and how to resolve disagreements with the school.

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Articles

Eligibility Issues & Learning Disabilities. In Letter to Felton/Lillie, the U.S. Dept of Education provides guidance on issues about evaluations & eligibility of children with learning disabilities. Issues include how to ascertain current level of educational achievement; passing grades and parental or tutoring assistance received outside of school; impact of high IQ on achievement levels; and requirements for evaluations of a child who may have a specific learning disability (SLD).

Are Children with ADD/ADHD Eligible for Special Education Services Under IDEA? Many people write to ask whether children with ADD/ADHD are eligible for special education under the IDEA. This article discusses eligibility issues, and gives readers a Game Plan that will help them learn more about these thorny issues.

School Says Child is Not Eligible for Special Ed - What Can I Do? "Although my son has been diagnosed with disability, the school says he is not eligible for special education because he is making good grades. Is this true? What are the guidelines about grades and eligibility for special education?" This article includes the Wrightslaw Game Plan to Resolve Eligibility Disputes.

What You Should Know About Evaluations

. Eligibility decisions are based on evaluations of the child. As attorney Bob Crabtree explains, "As a parent, you must make sure that all areas of possible need are assessed as quickly as possible. While some parents would rather not allow their school system to evaluate their child, a refusal to cooperate at this stage of the process can backfire . . . "

Termination Just Before Transition: Is This Best? Don’t allow the school to terminate your child’s eligibility unless and until you are convinced that he is functioning well and can get a good job and pursue further education if he wants to.

Teachers Trump Psychologist? Who Determines Eligibility? When you have a disagreement between the teachers and the school psychologist about whether a child qualifies for services, you must consider the real question that needs to be answered. “Does the child have a disability that adversely affects educational performance?” If the answer to the question is “yes,” then the child is eligible under IDEA.

Determining Eligibility: How Many Days is 60 Days? Since IDEA states “60 days” and not “60 business days” or “60 school days,” by operation of law and pursuant to 34 CFR 300.11(a), the word “day” always means calendar day unless otherwise indicated as business day or school day."

Is a Child with Passing Grades Eligible for Special Ed under IDEA? The law says that a child does not have to fail to be eligible for special education services. As the parent, YOU represent your child’s interests. YOU need to know what the law says. Do not rely on what others tell you.

Using an "Educational Model" - a Way to Deny Services? When school personnel say they cannot provide services because they follow an educational model, what does that mean? What is the difference between a medical model and an educational model? - a little research.

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Legal Resources

Joint Policy Memorandum ADD/ADHD. This 1991 Memorandum from the U. S. Department of Education advises that children with ADD/ADHD may be eligible for special education services under several existing categories including LD, OHI, ED; describes circumstances under which schools must provide services and supports under Section 504 of the Rehabilitation Act.
The Memorandum begins with this statement:

"There is a growing awareness in the education community that attention deficit disorder (ADD) and attention deficit hyperactive disorder (ADHD) can result in significant learning problems for children with those conditions . . . "

Letter to Felton: Passing Grades, IQ Scores, and Evaluations of Children with Learning Disabilities. Policy letter from the Office of Special Education Programs clarifies that passing grades and high IQ scores do not disqualify children from special ed eligibility; defines seven areas that must be assessed in an appropriate evaluation.

Section 504 Requires School to Evaluate Children with ADD. Memorandum from OCR clarifies school's responsibility to evaluate children with ADD/ADHD; includes Questions and Answers about ADD, Section 504 and IDEA, evaluations, more. The answers to these questions may surprise you!

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Caselaw


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