On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including its ADA Standards for Accessible Design. The official text was published in the Federal Register on September 15, 2010.
The revised regulations amend the Department’s Title II regulation, 28 C.F.R. Part 35, and the Title III regulation, 28 C.F.R. Part 36. Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the Title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules. The Department’s Final Regulatory Impact Analysis will be posted on this page as soon as it is available.
These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules. http://www.ada.gov/regs2010/ADAregs2010.htm
You can locate the fact sheet for the Highlights of the final rule at Http://www.ada.gov/regs2010/factsheets/title2_factsheet.html
And here is the new regulation under Title II:
§ 35.136 Service animals
• (A) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.
• (b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if—
o (1) The animal is out of control and the animal's handler does not take effective action to control it; or
o (2) The animal is not housebroken.
• (C) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.
• (d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).
• (e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal.
• (f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
• (g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.
• (h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
• (i) Miniature horses.
o (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
o (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider—
(i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features;
(ii) Whether the handler has sufficient control of the miniature horse;
(iii) Whether the miniature horse is housebroken; and
(iv) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
o (C) Other requirements. Paragraphs 35.136 (c) through (h) of this section, which apply to service animals, shall also apply to miniature horses.
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
Thursday, October 14, 2010
Monday, June 14, 2010
Independent Educational Evaluation
Parents Right to an Independent Evaluation
If you, as parents of a child with a disability, disagree with the results of your child's evaluation as obtained by the public agency, you have the right to obtain what is known as an Independent Educational Evaluation, or IEE. An IEE means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of your child. If you ask for an IEE, the public agency must provide you with, among other things, information about where an IEE may be obtained.
Who pays for the independent evaluation? The answer is that some IEEs are at public expense and others are paid for by the parents. For example, if you are the parent of a child with a disability and you disagree with the public agency's evaluation, you may request an IEE at public expense. "At public expense" means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you as parents. The public agency may grant your request and pay for the IEE, or it may initiate a hearing to show that its own evaluation was appropriate. The public agency may ask why you object to the public evaluation. However, the agency may not require you to explain, and it may not unreasonably delay either providing the IEE at public expense or initiating a due process hearing to defend the public evaluation.
If the public agency initiates a hearing and the final decision of the hearing officer is that the agency's evaluation was appropriate, then you still have the right to an IEE but not at public expense. As part of a due process hearing, a hearing officer may also request an IEE; if so, that IEE must be at public expense. Whenever an IEE is publicly funded, that IEE must meet the same criteria that the public agency uses when it initiates an evaluation. The public agency must tell you what these criteria are--such as location of the evaluation and the qualifications of the examiner--and they must be the same criteria the public agency uses when it initiates an evaluation, to the extent they are consistent with your right to an IEE. However, the public agency may not impose other conditions or timelines related to your obtaining an IEE at public expense.
Of course, you have the right to have your child independently evaluated at any time at your own expense. (Note: When the same tests are repeated within a short time period, the validity of the results can be seriously weakened.) The results of this evaluation must be considered by the public agency, if it meets agency criteria, in any decision made with respect to providing your child with FAPE. The results may also be presented as evidence at a hearing regarding your child.
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
If you, as parents of a child with a disability, disagree with the results of your child's evaluation as obtained by the public agency, you have the right to obtain what is known as an Independent Educational Evaluation, or IEE. An IEE means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of your child. If you ask for an IEE, the public agency must provide you with, among other things, information about where an IEE may be obtained.
Who pays for the independent evaluation? The answer is that some IEEs are at public expense and others are paid for by the parents. For example, if you are the parent of a child with a disability and you disagree with the public agency's evaluation, you may request an IEE at public expense. "At public expense" means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you as parents. The public agency may grant your request and pay for the IEE, or it may initiate a hearing to show that its own evaluation was appropriate. The public agency may ask why you object to the public evaluation. However, the agency may not require you to explain, and it may not unreasonably delay either providing the IEE at public expense or initiating a due process hearing to defend the public evaluation.
If the public agency initiates a hearing and the final decision of the hearing officer is that the agency's evaluation was appropriate, then you still have the right to an IEE but not at public expense. As part of a due process hearing, a hearing officer may also request an IEE; if so, that IEE must be at public expense. Whenever an IEE is publicly funded, that IEE must meet the same criteria that the public agency uses when it initiates an evaluation. The public agency must tell you what these criteria are--such as location of the evaluation and the qualifications of the examiner--and they must be the same criteria the public agency uses when it initiates an evaluation, to the extent they are consistent with your right to an IEE. However, the public agency may not impose other conditions or timelines related to your obtaining an IEE at public expense.
Of course, you have the right to have your child independently evaluated at any time at your own expense. (Note: When the same tests are repeated within a short time period, the validity of the results can be seriously weakened.) The results of this evaluation must be considered by the public agency, if it meets agency criteria, in any decision made with respect to providing your child with FAPE. The results may also be presented as evidence at a hearing regarding your child.
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
Functional Behavioral Assessments and Positive Interventions
What is Positive Behavioral Support?
A collaborative assessment-based process to develop an effective, individualized intervention for students with challenging behavior. Support plans focus on proactive and educative approaches.
For what reasons do we use PBS?
A pattern of dangerous, destructive, or highly disruptive behavior exists
Behavioral concerns are resulting in exclusion from integrated activities
Difficulties persist despite less comprehensive or systematic approaches
Who is involved in the PBS process?
A collaborative team consisting of the individual, their families, direct support providers (teachers, therapists, etc.) administrators and others responsible for implementing the support plan; effective teams include members who can:
Establish a collective vision regarding the goals of intervention
Communicate, resolve conflicts, and share in decision-making
Make a commitment to implement and evaluate interventions
Effectively access and utilize resources and natural supports
How is PBS implemented?
The behavioral support team, often facilitated by individuals skilled in this process:
1.identifies goals of intervention
2.gathers relevant information
3.develops summary statements
4.generates a behavioral support plan
5.implements strategies and monitors outcomes
Positive Behavioral Support Process (Case Example)
Identify Goals of Intervention: Based on the available information, the team identifies the specific concerns:
What the child is saying or doing that is problematic (observable behaviors)
To what extent these behaviors are occurring
What goals the team hopes to achieve through intervention
Johnny’s disruptive behavior is interfering with the other student’s learning. The team is considering alternative placement. His disruptions include slamming materials and making noises (e.g., bird calls). Teacher observations indicate that these behaviors occur 10-15 times per class. Johnny is also failing academically. The team determines that their goals are to:
Decrease Johnny’s disruptive behavior
Increase the assignments he completes
Improve relationships with peers
Maintain Johnny’s current placement
Gather Relevant Information: Members of the behavioral support team gather information through a variety of sources:
Review of existing records
Interviews of support providers
Direct observations
Members of Johnny’s team divide responsibility for information gathering. The school counselor reviews his records (disciplinary referrals, anecdotal records, psychological evaluations). The behavior specialist and assistant principal conduct interviews with Johnny, his family, his teacher, and a cafeteria aide. The teacher tallies incidents of disruptive behavior in the classroom and the behavior specialist does “ABC recording” to identify events or circumstances that may be affecting Johnny’s behavior. The team then reviews the information gathered to discern patterns.
Develop Summary Statements: The team uses information gathered to create statements that describe relationships between Johnny’s behaviors of concern and the environment. The statements include: When, Where and with whom the behavior is least/most likely to occur.
What happens following the behavior? Other variables that appear to affect the student’s behavior.
The team develops the following summary statements:
During paper and pencil activities where students are working independently for longer than 10 minutes, Johnny makes noises and slams materials on his desk; this results in the teacher checking his work and reminding him to be quiet. If Johnny’s disruptive behavior continues following redirection (and peers begin to complain), his teacher sends him to time-out, which results in him avoiding the academic assignment. Johnny’s behaviors of concern never occur during music or cooperative learning activities.
Generate Behavioral Support Plan: A plan is developed based on the summary statements that best fit within the environments in which it will be used. The plan includes:
Adjustments to the environment that reduce the likelihood of problems
Teaching replacement skills and building competencies
The most natural and least intrusive consequences to promote positive, and deter problem, behavior a crisis intervention plan (if needed)
The team generates a behavioral support plan to include:
Increased use of cooperative learning strategies in the classroom
Allowing Johnny to use a keyboard when working on lengthy written assignments
Teaching Johnny to raise his hand when he needs assistance, is ready to have his work checked, or needs a break.
Providing attention whenever Johnny raises his hand, even if just to say “I’ll be there in a minute.” Ignoring all noises, and instructing his peers to do the same.
Minimizing the use of time-out; instead, allowing Johnny to earn homework passes for assignments completed.
Encouraging Johnny to join Band and to develop friendships.
Implement and Monitor Outcomes: The team works together to insure that the plan is implemented with consistency, and effective in achieving their goals. The team identifies the training and resources needed, determines who is responsible for monitoring implementation, evaluates outcomes (through continued data collection), and communication periodically, making adjustments in the plan as needed.
Members of Johnny’s team divide responsibility for implementing and monitoring the plan. The counselor assists the teacher in altering the activity schedule in her class and observes in the class biweekly to take data and provide extra support. The teacher implements the plan and tallies incidents of disruptive behavior. Johnny’s mother provides support at home. Team members then communicate by phone periodically, making changes to the plan as needed. Six weeks later, the team reconvenes to evaluate the outcomes and to celebrate the positive changes.
What resources are available on PBS?
Koegel, L.K., Koegel, R.L., & Dunlap, G. (1996). Positive behavioral support: Including people with difficult behavior in the community. Baltimore, Paul H. Brooks.
O;Neill, R.E., Horner, R.H., Albin, R.W., Sprague, J.R., Storey, K., & Newton, J.S. (1997). Functional assessment and program development for problem behavior: A practical Handbook. Pacific Grove, CA: Brooks/Cole
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
Friday, June 4, 2010
What Are Specific Learning Disabilities?
Learning disability is a general term that describes specific kinds of learning problems. A learning disability can cause a person to have trouble learning and using certain skills. The skills most often affected are: reading, writing, listening, speaking, reasoning, and doing math.
Learning disabilities (LD) vary from person to person. One person with LD may not have the same kind of learning problems as another person with LD. Sara, in our example above, has trouble with reading and writing. Another person with LD may have problems with understanding math. Still another person may have trouble in each of these areas, as well as with understanding what people are saying.
Researchers think that learning disabilities are caused by differences in how a person's brain works and how it processes information. Children with learning disabilities are not "dumb" or "lazy." In fact, they usually have average or above average intelligence. Their brains just process information differently.
The definition of "learning disability" just below comes from the Individuals with Disabilities Education Act (IDEA). The IDEA is the federal law that guides how schools provide special education and related services to children with disabilities. The special help that Sara is receiving is an example of special education.
There is no "cure" for learning disabilities. They are life-long. However, children with LD can be high achievers and can be taught ways to get around the learning disability. With the right help, children with LD can and do learn successfully.
IDEA's Definition of "Learning Disability"
Our nation's special education law, the Individuals with Disabilities Education Act, defines a specific learning disability as . . .
". . . a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia."
However, learning disabilities do not include, "…learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage." 34 Code of Federal Regulations §300.8(c)(10)
How Common are Learning Disabilities?
Very common! As many as 1 out of every 5 people in the United States has a learning disability. Almost 3 million children (ages 3 through 21) have some form of a learning disability and receive special education in school. In fact, over half of all children who receive special education have a learning disability (Twenty-sixth Annual Report to Congress, U.S. Department of Education, 2006).
What are the Signs of a Learning Disability?
There is no one sign that shows a person has a learning disability. Experts look for a noticeable difference between how well a child does in school and how well he or she could do, given his or her intelligence or ability. There are also certain clues that may mean a child has a learning disability. We've listed a few below. Most relate to elementary school tasks, because learning disabilities tend to be identified in elementary school. A child probably won't show all of these signs, or even most of them. However, if a child shows a number of these problems, then parents and the teacher should consider the possibility that the child has a learning disability.
When a child has a learning disability, he or she:
may have trouble learning the alphabet, rhyming words, or connecting letters to their sounds;
may make many mistakes when reading aloud, and repeat and pause often;
may not understand what he or she reads;
may have real trouble with spelling;
may have very messy handwriting or hold a pencil awkwardly;
may struggle to express ideas in writing;
may learn language late and have a limited vocabulary;
may have trouble remembering the sounds that letters make or hearing slight differences between words;
may have trouble understanding jokes, comic strips, and sarcasm;
may have trouble following directions;
may mispronounce words or use a wrong word that sounds similar;
may have trouble organizing what he or she wants to say or not be able to think of the word he or she needs for writing or conversation;
may not follow the social rules of conversation, such as taking turns, and may stand too close to the listener;
may confuse math symbols and misread numbers;
may not be able to retell a story in order (what happened first, second, third); or
may not know where to begin a task or how to go on from there.
If a child has unexpected problems learning to read, write, listen, speak, or do math, then teachers and parents may want to investigate more. The same is true if the child is struggling to do any one of these skills. The child may need to be evaluated to see if he or she has a learning disability.
Information obtained from NICHCY.org /http://www.nichcy.org/Disabilities/Specific/Pages/LD.aspx
Additional information available from this site.
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not
Learning disabilities (LD) vary from person to person. One person with LD may not have the same kind of learning problems as another person with LD. Sara, in our example above, has trouble with reading and writing. Another person with LD may have problems with understanding math. Still another person may have trouble in each of these areas, as well as with understanding what people are saying.
Researchers think that learning disabilities are caused by differences in how a person's brain works and how it processes information. Children with learning disabilities are not "dumb" or "lazy." In fact, they usually have average or above average intelligence. Their brains just process information differently.
The definition of "learning disability" just below comes from the Individuals with Disabilities Education Act (IDEA). The IDEA is the federal law that guides how schools provide special education and related services to children with disabilities. The special help that Sara is receiving is an example of special education.
There is no "cure" for learning disabilities. They are life-long. However, children with LD can be high achievers and can be taught ways to get around the learning disability. With the right help, children with LD can and do learn successfully.
IDEA's Definition of "Learning Disability"
Our nation's special education law, the Individuals with Disabilities Education Act, defines a specific learning disability as . . .
". . . a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia."
However, learning disabilities do not include, "…learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage." 34 Code of Federal Regulations §300.8(c)(10)
How Common are Learning Disabilities?
Very common! As many as 1 out of every 5 people in the United States has a learning disability. Almost 3 million children (ages 3 through 21) have some form of a learning disability and receive special education in school. In fact, over half of all children who receive special education have a learning disability (Twenty-sixth Annual Report to Congress, U.S. Department of Education, 2006).
What are the Signs of a Learning Disability?
There is no one sign that shows a person has a learning disability. Experts look for a noticeable difference between how well a child does in school and how well he or she could do, given his or her intelligence or ability. There are also certain clues that may mean a child has a learning disability. We've listed a few below. Most relate to elementary school tasks, because learning disabilities tend to be identified in elementary school. A child probably won't show all of these signs, or even most of them. However, if a child shows a number of these problems, then parents and the teacher should consider the possibility that the child has a learning disability.
When a child has a learning disability, he or she:
may have trouble learning the alphabet, rhyming words, or connecting letters to their sounds;
may make many mistakes when reading aloud, and repeat and pause often;
may not understand what he or she reads;
may have real trouble with spelling;
may have very messy handwriting or hold a pencil awkwardly;
may struggle to express ideas in writing;
may learn language late and have a limited vocabulary;
may have trouble remembering the sounds that letters make or hearing slight differences between words;
may have trouble understanding jokes, comic strips, and sarcasm;
may have trouble following directions;
may mispronounce words or use a wrong word that sounds similar;
may have trouble organizing what he or she wants to say or not be able to think of the word he or she needs for writing or conversation;
may not follow the social rules of conversation, such as taking turns, and may stand too close to the listener;
may confuse math symbols and misread numbers;
may not be able to retell a story in order (what happened first, second, third); or
may not know where to begin a task or how to go on from there.
If a child has unexpected problems learning to read, write, listen, speak, or do math, then teachers and parents may want to investigate more. The same is true if the child is struggling to do any one of these skills. The child may need to be evaluated to see if he or she has a learning disability.
Information obtained from NICHCY.org /http://www.nichcy.org/Disabilities/Specific/Pages/LD.aspx
Additional information available from this site.
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not
Friday, May 28, 2010
Categories of IDEA Eligibility
CATEGORIES OF DISABILITIES UNDER IDEA LAW
There are 14 specific primary terms included in IDEA under the lead definition of "child with a disability." These federal terms and definitions guide how States define disability and who is eligible for a free appropriate public education under special education law. The definitions of these specific terms from the IDEA regulations are shown beneath each term listed below. Note, in order to fully meet the definition (and eligibility for special education and related services) as a "child with a disability," a child's educational performance must be adversely affected due to the disability.
1. 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 engaging in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term autism does not apply if the child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in #5 below.
A child who shows the characteristics of autism after age 3 could be diagnosed as having autism if the criteria above are satisfied.
2. Deaf-Blindness...
...means concomitant [simultaneous] hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
3. Deafness...
...means a hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child's educational performance.
4. Developmental Delay...
...for children from birth to age three (under IDEA Part C) and children from ages three through nine (under IDEA Part B), the term developmental delay, as defined by each State, means a delay in one or more of the following areas: physical development; cognitive development; communication; social or emotional development; or adaptive [behavioral] development.
5. Emotional Disturbance...
...means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(c) Inappropriate types of behavior or feelings under normal circumstances.
(d) A general pervasive mood of unhappiness or depression.
(e) A tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.
6. Hearing Impairment...
...means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but is not included under the definition of "deafness."
7. Mental Retardation...
...means significantly sub average general intellectual functioning, existing concurrently [at the same time] with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance.
(Note: Mental Retardation is the term found in the law since passage of the original legislation in 1975. In 2008, the American Association on Intellectual and Developmental Disabilities (AAIDD) (formerly the American Association on Mental Retardation, AAMR) and members of the community recommended use of the term Intellectual Disability. For changes in language to be made in the regulations, Congress must first change it in the legislation. Until such action occurs, we provide the existing language from IDEA.)
8. Multiple Disabilities...
...means concomitant [simultaneous] 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 a special education program solely for one of the impairments. The term does not include deaf-blindness.
9. Orthopedic Impairment...
...means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral amputations, and fractures or burns that cause contractures).
10. 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—
(a) 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, sickle cell anemia, and Tourette syndrome; and
(b) Adversely affects a child’s educational performance.
11. Specific Learning Disability...
...means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental retardation; of emotional disturbance; or of environmental, cultural, or economic disadvantage.
12. Speech or Language Impairment...
...means a communication disorder such as stuttering, impaired articulation, language impairment, or a voice impairment that adversely affects a child’s educational performance.
13. 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.
14. 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.
Considering the Meaning of "Adversely Affects"
You may have noticed that the phrase "adversely affects educational performance" appears in most of the disability definitions. This does not mean, however, that a child must be failing in school to receive special education and related services. According to IDEA, states must make a free appropriate public education available to "any individual child with a disability who needs special education and related services, even if the child has not failed or been retained in a course or grade, and is advancing from grade to grade." [§300.101(c) (1)]
Information provided by the NICHCY (National Dissemination Center for Children with disabilities. And the Office of Special Education Programs of the U. S. Department of Education
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
There are 14 specific primary terms included in IDEA under the lead definition of "child with a disability." These federal terms and definitions guide how States define disability and who is eligible for a free appropriate public education under special education law. The definitions of these specific terms from the IDEA regulations are shown beneath each term listed below. Note, in order to fully meet the definition (and eligibility for special education and related services) as a "child with a disability," a child's educational performance must be adversely affected due to the disability.
1. 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 engaging in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term autism does not apply if the child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in #5 below.
A child who shows the characteristics of autism after age 3 could be diagnosed as having autism if the criteria above are satisfied.
2. Deaf-Blindness...
...means concomitant [simultaneous] hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
3. Deafness...
...means a hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child's educational performance.
4. Developmental Delay...
...for children from birth to age three (under IDEA Part C) and children from ages three through nine (under IDEA Part B), the term developmental delay, as defined by each State, means a delay in one or more of the following areas: physical development; cognitive development; communication; social or emotional development; or adaptive [behavioral] development.
5. Emotional Disturbance...
...means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(c) Inappropriate types of behavior or feelings under normal circumstances.
(d) A general pervasive mood of unhappiness or depression.
(e) A tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.
6. Hearing Impairment...
...means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but is not included under the definition of "deafness."
7. Mental Retardation...
...means significantly sub average general intellectual functioning, existing concurrently [at the same time] with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance.
(Note: Mental Retardation is the term found in the law since passage of the original legislation in 1975. In 2008, the American Association on Intellectual and Developmental Disabilities (AAIDD) (formerly the American Association on Mental Retardation, AAMR) and members of the community recommended use of the term Intellectual Disability. For changes in language to be made in the regulations, Congress must first change it in the legislation. Until such action occurs, we provide the existing language from IDEA.)
8. Multiple Disabilities...
...means concomitant [simultaneous] 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 a special education program solely for one of the impairments. The term does not include deaf-blindness.
9. Orthopedic Impairment...
...means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral amputations, and fractures or burns that cause contractures).
10. 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—
(a) 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, sickle cell anemia, and Tourette syndrome; and
(b) Adversely affects a child’s educational performance.
11. Specific Learning Disability...
...means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental retardation; of emotional disturbance; or of environmental, cultural, or economic disadvantage.
12. Speech or Language Impairment...
...means a communication disorder such as stuttering, impaired articulation, language impairment, or a voice impairment that adversely affects a child’s educational performance.
13. 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.
14. 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.
Considering the Meaning of "Adversely Affects"
You may have noticed that the phrase "adversely affects educational performance" appears in most of the disability definitions. This does not mean, however, that a child must be failing in school to receive special education and related services. According to IDEA, states must make a free appropriate public education available to "any individual child with a disability who needs special education and related services, even if the child has not failed or been retained in a course or grade, and is advancing from grade to grade." [§300.101(c) (1)]
Information provided by the NICHCY (National Dissemination Center for Children with disabilities. And the Office of Special Education Programs of the U. S. Department of Education
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
Wednesday, May 19, 2010
Tuesday, May 18, 2010
Extended School Year Services
Extended School Year Services
Parents of children with disabilities must remember that their children may be eligible for Extended School Year Services (ESY). This is a factor that can be considered in whether a Free and Appropriate Education (FAPE) is provided by a school district.
ESY is not summer school. Summer school is to provide remediation to those students who did not obtain passing grades during the regular school year. ESY services are individualized and based upon the child’s specific needs. The purpose of ESY services is to limit the regression of skills that a student may suffer from the extended break over the summer and the recoupment time that would be necessary to bring the student back to the skill level attained prior to the summer break. Washington Administrative Code (WAC) 392-172A-02020: and Oregon Administrative Rules (OAR) 581-015-2065. Also see Code of Federal Regulations (CFR) 300.106.
In an OSEP Policy letter (Given letter) (2003), they stated that some of the factors that states may use in making ESY determinations are: likelihood of regression, slow recoupment of skill and predictive data of professionals familiar with the student.
However, in MM v. School District of Greenville County 303 F. 3d 523 (4th Cir. 2002) the court determined that
“ESY services are only necessary to a FAPE when the benefits of a disabled child gains
During a regular school year will be significantly jeopardized if he is not provided with
An educational program during the summer months” p. 538.
Parents must carefully document their child’s progress during the school year, but additionally must be cognizant of and document any academic, functional or behavioral regression in your child that occurs over the summer break and evaluate how much time is spent the next year recovering the very same skills that your child possessed before the summer break. Losing instruction time and continuing to teach skills already acquired limits a students’ progress.
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
Parents of children with disabilities must remember that their children may be eligible for Extended School Year Services (ESY). This is a factor that can be considered in whether a Free and Appropriate Education (FAPE) is provided by a school district.
ESY is not summer school. Summer school is to provide remediation to those students who did not obtain passing grades during the regular school year. ESY services are individualized and based upon the child’s specific needs. The purpose of ESY services is to limit the regression of skills that a student may suffer from the extended break over the summer and the recoupment time that would be necessary to bring the student back to the skill level attained prior to the summer break. Washington Administrative Code (WAC) 392-172A-02020: and Oregon Administrative Rules (OAR) 581-015-2065. Also see Code of Federal Regulations (CFR) 300.106.
In an OSEP Policy letter (Given letter) (2003), they stated that some of the factors that states may use in making ESY determinations are: likelihood of regression, slow recoupment of skill and predictive data of professionals familiar with the student.
However, in MM v. School District of Greenville County 303 F. 3d 523 (4th Cir. 2002) the court determined that
“ESY services are only necessary to a FAPE when the benefits of a disabled child gains
During a regular school year will be significantly jeopardized if he is not provided with
An educational program during the summer months” p. 538.
Parents must carefully document their child’s progress during the school year, but additionally must be cognizant of and document any academic, functional or behavioral regression in your child that occurs over the summer break and evaluate how much time is spent the next year recovering the very same skills that your child possessed before the summer break. Losing instruction time and continuing to teach skills already acquired limits a students’ progress.
This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.
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