Special Ed Law
Cutting through the red tape.......
This page provides information to help
parents and educators understand student/parent rights related to
special education.
Legal Links - What are the
actual Federal laws regarding special education?
IDEA Individuals with
Disabilities Education Act (this is really the basis of special
education rights and services)
FERPA Family Education Rights and Privacy
Act (also referred to as the Buckley Amendment)
ADA Americans With Disabilities Act
Section 504 of the Rehabilitation
Act of 1973
Advocacy Links - Where can a
parent go for help?
Special
Education Advocacy Services (by State
and nationwide)
Resources
for Literacy and Learning Disabilities (State-by-State listing)
Frequently Asked Questions
(faqs)
What are the various
categories of special education?
How is a child identified for
special education services?
I think my child has a learning
disability - where can I have this tested?
My child has dyslexia but the
school says he doesn't qualify for special ed - how can this
be?
My child has learning problems and
behavioral problems - what category of special ed might he
fit?
My child has an attention deficit
disorder - is that a category in special ed?
Please let us know other
questions you might want answered here
What are the various categories
of special education?
This varies a bit from State to State,
but the Federal guidelines (which all States must follow)
identifies the following categories:
You can find out how your State interprets
these guideline by contacting your local public school special
education department.
back to faqs
How is a child identified for
special education services?
Any child or student aged 3 - 21 can be
referred for a special education evaluation through their local
public school. This referral can be made by anyone familiar with
and concerned about the child (parent, teacher, physician, etc.).
This referral is then reviewed by the school's special education
department to determine what, if any assessment needs to be done
in order to determine possible special education eligibility. In
some cases there may already be enough information to determine or
rule-out special education eligibility. In other cases additional
assessment will be recommended. The parent must be notified of any
referral which is made regarding their child. In addition,
parental consent is required for special education assessment
and/or services.
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I think my child has a
learning disability - where can I have this tested?
A special education assessment can be
provided at no cost to you through your local public school (even
if your child does not attend that school). In most cases a public
school must honor a parent's request for a special education
evaluation. However, the school may refuse to conduct additional
testing if there is already sufficient data available to either
identify or rule-out the possibility of special education
eligibility. A parent also has the right to seek an assessment
outside of the school at their own expense. The school or State
department of special education may be able to direct you to such
assessment resources or you can check your local 'Yellow Pages'
under 'Educational Consultants and Services'. If an assessment is
conducted outside of the school, these findings must be considered
when determining possible special education eligibility. It should
be noted, however, that many private agencies that conduct
psychological or educational evaluations are not fully aware of
State and/or Federal special education criteria. So it is quite
possible for such an agency to identify some type of psychological
or learning disorder (such as ADHD, depression, dyslexia, etc.)
even though a child does not meet eligibility for special
education services.
back to faqs
My child has dyslexia but the
school says he doesn't qualify for special ed - how can this
be?
The term dyslexia describes a
generalized reading disorder. Similar terms include dysgraphia
(writing) and dyscalculia (math). Often these are terms used by
agencies outside of the public school to describe learning
difficulties which a child may be experiencing. Unfortunately,
these 'diagnoses' do not have any clear or consistently used
criteria to identify how significant the learning problem may be.
In contrast, special education laws provide very strict criteria
for identification of various handicapping conditions such as
Specific Learning Disability. Special education services are
intended for only the most severely handicapped students. So it is
quite possible (and really not very unusual) for a student to
demonstrate symptoms of dyslexia without meeting the eligibility
requirements for special education services. When a student has a
documented 'handicap' which does not meet special education
eligibility requirements, the school should consider the
possibility of a section
504 plan. Also see a
comparison between 504 and special
ed.
back to faqs
My child has learning problems
and behavioral problems - what category of special ed might he
fit?
Learning and behavioral difficulties
often go hand-in-hand. Many children with learning disabilities
exhibit behavior problems due to their frustration in school. On
the other hand, a student with an emotional disturbance (sometimes
referred to as an emotional/behavioral disorder) will often have
learning problems due to the interference of their behavior. It is
the responsibility of the special education assessment team (which
includes the parent) to determine the real underlying cause of the
educational and/or behavioral difficulties. In addition, the
category 'Other Health Impairment' may be a consideration if the
learning and/or behavioral difficulties are directly related to an
underlying health or medical condition (such as an attention
deficit disorder - ADD or ADHD). In some cases, a single special
education category can be determined. In other cases the
assessment team will decide that 2 or more categories are needed
to clearly and correctly identify the child's areas of need.
Regardless of the category or categories chosen, the Individual
Education Plan (IEP) should be written to address all areas of
educational need.
back to faqs
My child has an attention deficit
disorder - is that a category in special ed?
This is a confusion for many parents (and
even some schools). Technically, there is not a specific category
of special education for students with ADD or ADHD. And
specifically, ADD/ADHD in and of itself is not necessarily
considered a form of learning disability. However, when the
ADD/ADHD significantly interferes with a child's education, it is
quite possible for him/her to meet eligibility criteria within one
of the following categories:
Other Health Impairment is generally the most
appropriate category for such a student, however, depending upon
the specific educational and emotional/behavioral characteristics
observed, the other 2 categories may also be considered. If it is
found that your child's needs are not severe enough to qualify for
special education services, the school should also consider the
possibility of a section
504 plan.
back to faqs
Federal Categories of Special
Education
-
(1) Autism
-
(i) Autism means a developmental
disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident
before age 3, 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. The term does not apply if a child's
educational performance is adversely affected primarily
because the child has an emotional disturbance, as defined
in paragraph (b)(4) of this section.
back to faqs
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-
(3) Deafness means a
hearing impairment that is so severe that the child is impaired
in processing linguistic information through hearing, with or
without amplification, that adversely affects a child's
educational performance.
back to faqs
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-
(5) Hearing impairment means
an impairment in hearing, whether permanent or fluctuating,
that adversely affects a child's educational performance but
that is not included under the definition of deafness in this
section.
back to faqs
-
(6) Mental retardation means
significantly subaverage general intellectual functioning,
existing concurrently with deficits in adaptive behavior and
manifested during the developmental period, that adversely
affects a child's educational performance.
back to faqs
-
(7) Multiple disabilities
means concomitant impairments (such as mental
retardation-blindness, mental retardation-orthopedic
impairment, etc.), the combination of which causes such severe
educational needs that they cannot be accommodated in special
education programs solely for one of the impairments. The term
does not include deaf-blindness.
back to faqs
-
(8) Orthopedic impairment
means a severe orthopedic impairment that adversely affects a
child's educational performance. The term includes impairments
caused by congenital anomaly (e.g., clubfoot, absence of some
member, etc.), impairments caused by disease (e.g.,
poliomyelitis, bone tuberculosis, etc.), and impairments from
other causes (e.g., cerebral palsy, amputations, and fractures
or burns that cause contractures).
back to faqs
-
(9) Other health impairment
means having limited strength, vitality or alertness, including
a heightened alertness to environmental stimuli, that results
in limited alertness with respect to the educational
environment, that
-
(i) Is due to chronic or acute health
problems such as asthma, attention deficit disorder or
attention deficit hyperactivity disorder, diabetes,
epilepsy, a heart condition, hemophilia, lead poisoning,
leukemia, nephritis, rheumatic fever, and sickle cell
anemia; and
(ii) Adversely affects a child's
educational performance.
back to faqs
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-
(11) Speech or language
impairment means a communication disorder, such as stuttering,
impaired articulation, a language impairment, or a voice
impairment, that adversely affects a child's educational
performance.
back to faqs
-
(12) Traumatic brain injury
means an acquired injury to the brain caused by an external
physical force, resulting in total or partial functional
disability or psychosocial impairment, or both, that adversely
affects a child's educational performance. The term applies to
open or closed head injuries resulting in impairments in one or
more areas, such as cognition; language; memory; attention;
reasoning; abstract thinking; judgment; problem-solving;
sensory, perceptual, and motor abilities; psychosocial
behavior; physical functions; information processing; and
speech. The term does not apply to brain injuries that are
congenital or degenerative, or to brain injuries induced by
birth trauma.
back to faqs
-
(13) Visual impairment
including blindness means an impairment in vision that, even
with correction, adversely affects a child's educational
performance. The term includes both partial sight and
blindness.
back to faqs
FEDERAL LAWS
PERTAINING TO STUDENTS WITH DISABILITIES
1.IDEA - Individuals with
Disabilities Education Act
Originally called the Education of Handicapped Children's Act
when voted into law in 1975 the Act was re-authorized in 1991
under the new name. This is a federal law mandating federal, state
and local school district responsibilities for the education of
all children with disabilities. The law established the means by
which children are located, referred, evaluated and provided
appropriate educational programs. The law currently provides for
the identification of children in the various disability areas
including learning impairment, hearing impairment and deafness,
speech language impairment, visual impairment, learning
disabilities, emotional and behavioral disabilities, developmental
delays, multi-handicapping conditions, orthopedic impairments,
health impairments, autism, and traumatic brain injuries. Children
must be found to be eligible under state established criteria
under one of these categories of disability.
Key to IDEA is the fact that children are entitled to a FAPE,
that is a free, appropriate education at public expense. Children
are entitled to be provided this education in the least
restrictive environment (LRE). Parents are insured inclusion in
the process through input into the evaluation process as members
of the Evaluation & Planning and/or IEP (Individual Education Plan) Team. Parents' rights under IDEA provide
for confidentiality of student information, and a structure for
having their disagreements with the school addressed. This law
applies to eligible students from birth until the twenty-second
birthday.
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2. FERPA - Family Education Rights
and Privacy Act (also referred to as the Buckley
Amendment)
This is a federal law that assures for the confidentiality of
all student information and records, and parent rights to access
these records. This law applies to all students whether disabled
or not, and has strict requirements regarding access to and use of
personally identifiable information about the student.
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3. Section 504 of the
Rehabilitation Act of 1973
This federal law applies to all institutions receiving federal
funds, and assures that all handicapped persons regardless of age
will have appropriate access to programs which receive these
funds. Handicap is defined much more broadly under Section 504
than under IDEA and applies to any condition that has a
substantial impact on a major life activity such as walking,
talking, learning and breathing. Local districts must provide for
a referral and evaluation process through a multi-disciplinary
team. Schools must provide appropriate accommodations and services
at local expense to protect, and address the needs of eligible
students. No federal or state funds are available to assist the
local districts in meeting their obligations under this act. This
law assures for the civil rights of disabled persons within
applicable programs.
For Section 504, a person is considered 'Handicapped' if he or
she:
- Has a mental or physical impairment which substantially
limits one or more of such person's major life activities;
- Has a record of such impairment; or
- Is regarded as having such impairment.
Also see a comparison between 504
and special ed (IDEA)
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4. ADA -
Americans with Disabilities Act
This is a very broad law expanding significantly on the
previous education (IDEA) and civil rights (504) laws and applies
to both the public and private sector. This law is a civil rights
law assuring access to all areas of community life for persons
with disabilities.
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Return to the LDinfo Web Site to find out about any of the following topics (and more):
Learning disabilities - what
is a learning disability (LD or SLD)?
Dyslexia: Dyslexia is a reading
disability or reading disorder
Dysgraphia Dysgraphia is a writing
disability or disorder
Dyscalculia Dyscalculia is a math
disability or disorder
What is an attention deficit disorder (ADD,
AD/HD, ADHD)?
Gifted LD: Can a student be gifted and
LD?
Emotional/Behavioral issues
and LD: Do LD students experience behavior problems or
depression?
Section 504: What is a Section 504
plan?
What is special
education?
What is processing?
What is a severe
discrepancy?
What is a nonverbal learning
disability (nonverbal LD or NLD)?
What is a central auditory
processing disorder (CAPD)?
What is IDEA?
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