Determination of Eligibility in Special Education

What are Eligibility Requirements for Special Education?

Eligibility for special education services requires an assessment by a certified or licensed evaluator in a suspected disability area. Once a student has been assessed either clinically or locally within a school system, that evaluation is reviewed by a team of school personnel and parents. An eligibility meeting should then be scheduled to review the results of the evaluation. The evaluator can make a recommendation of the possible category that could be deemed as a disability.

Categories of Disabilities 

Disabilities are separated under the 13 categories set out by IDEA as follows: 

• Intellectual disability 
• Hearing impairment (including deafness) 
• Speech or language impairment 
• Visual impairment (including blindness) 
• Emotional disturbance 
• Orthopedic impairment 
• Autism 
• Traumatic brain injury 
• Other health impairment 
• Specific learning disability 
• Deaf & blindness 
• Multiple disabilities 

Criteria for Disability Determination 

Each of these categories is defined using a norm-based criterion framework. Each criterion point specifies a marked level of weakness that results in a deficiency or the inability of a person to develop at the typical pace and capability, resulting in a disability under IDEA standards. 

“Under IDEA, children with disabilities are entitled to a ‘free appropriate public education (FAPE) designed to meet their unique needs and prepare them for further education, employment, and independent living.” (ed.gov/idea/regs)” 

Assessing Educational Need 

While a person may have a weakness in one or multiple areas, those unique needs must create a barrier for that person to demonstrate aptitude and competencies toward the typical standards set in national norms. Not only does each point of the criterion have to be met to be identified within one of the 13 categories, but to receive specialized instruction and/or services to meet those unique needs in a school system, an educational need must also be present. Simply put, if a student does not display debilitating deficiencies in the learning process on a continual basis that consistently impede the learning of themselves or others, then an educational need is not substantiated. Some school teams will simply pose the question, “Does this student’s disability adversely affect their academic progress or potential?” To be eligible for special education services under IDEA, the answer from the team must be ‘yes’. 

Role of Teachers in General Education Settings 

Teachers within a mainstream general education setting are trained to offer student-led teaching methods to instruct their students through a variety of learning styles. Personalized strategies, techniques, and interests can be used to differentiate instruction, helping students access content and engage in the learning process. However, when a student is unable to maneuver grade level standards with reasonable success and mastery for grade level curriculum, then a need for specialized instruction and/or services may be necessary. Typically, if a 2-year gap is presented, there is a recognized need for a more elaborate individual method of intervention rather than the generalized, tiered intervention offered to a larger group of struggling students. 

Collaboration and Parental Involvement 

The exact programming and services a student may need to support an eligible disability are determined through the collaboration of staff members and parent input. While school professionals understand the learning process and developmental standards, it is critical that parents contribute as much information as possible when considering the struggles their child is showing in the classroom and at home when attempting to complete school tasks. 

Case Example: ADHD 

For example, consider a 3rd-grade student who is diagnosed with ADHD. He is described as a pleasant student who is often redirected by his teachers and struggles to complete tasks. While work is often unfinished in the classroom during the school day, it goes home as homework and comes back completed the next day. On the surface, this student is navigating his disability with appropriate access to the curriculum and showing progress on skills. At home, this child begins his homework at 4:00 p.m. and is laboring until bedtime with the work sent home. His parents are committed to his education and follow through with making him complete the daily work. While the family is trying their best to bandage this situation, it is not appropriate for a 3rd grader to spend 4+ hours on homework after being in school all day. This information is crucial to the discussion about additional supports or services the school can offer this student. 

Parents: You are your child’s best advocate. If something doesn’t seem right, reach out to the school. Document your concerns and make them listen. 

Forms of Specialized Instruction and Services 

Specialized instruction/services do not have to be restricted to a modified or specific curriculum, nor does it have to be confined to a self-contained classroom or isolated area away from their same-aged peers. Supports and services can be put in place for a student in the form of: 

• Direct instruction 
• Accommodations 
• Modifications 
• Therapies 
• Reduction of tasks 
• Visual support systems 
• Use of organizational tools 

Examples of Support 

• Speech or Language Deficit: May create confusion for an instructor when measuring mastery of the student’s skill because the language weakness presents as an academic need. If the child can understand and communicate without impeding the learning process though, there is no academic need. 

• Writing Impairment: A student who has a writing impairment and needs continual practice in strengthening the muscles necessary to write may qualify for occupational therapy. Once those skills have been taught and mastered at a specified level of accuracy, the child may no longer have a need for school-based therapy. 

• Emotional/Behavioral Support: May be needed while a student is struggling to self-regulate and interact safely and cooperatively with staff and peers. This need may be acute or ongoing, but the student’s needs must be clearly communicated with the school for them to help. Anytime a student is hospitalized for mental or behavioral health, there should be an immediate convening of the school-based team to determine supports in the educational environment. 

Long-term Support and Development 

Significant cognitive or severe behavioral impairments will likely require well-developed long-term support as these deficits are not remediated and maintained in a short amount of time. As a child advances into other grades, the level of rigor increases exponentially. Complex problem-solving and critical thinking skills must be directly modeled and practiced as a framework for thought and response. The learner needs to acquire skills using a developmental process for adapting, merging, and integrating previous skills with new skills (or in remembering old skills). 

Review and Re-evaluation Process 

It is important to understand that determining special education eligibility is not automatic nor permanent with a diagnosis (clinical or educational). The determination is reviewed every three years with a re-evaluation in the areas identified. Whether an initial or an annual review, discussion is conducted in a special education meeting consisting of the pertinent staff and parents. A designated school committee is formed and expected to collaborate on the child’s unique needs measured against the demands of the grade level standards. With needs identified, the committee deliberates what needs are to be supplemented to allow for meeting mastery of the state’s knowledge and skills requirements. 

IEP and Implementation 

The variations of additional supports are weighed against all guidelines set out by IDEA and the best research-based practices for meeting the disability is to be agreed upon. Support/services are implemented free of charge to the student/family within the regularly scheduled school setting. All details are explained in the IEP (Individualized Education Plan). This IEP is intended to be a customized instructional plan that specifies the resources, tools, and supports for the student and is adhered to by all staff encountering the student. 

Advocacy and Legal Support 

While the eligibility process has been clearly set forth by IDEA, unfortunately, sometimes schools refuse to qualify students who really should be eligible to receive special education services. A student’s eligibility should never be tied to district staffing issues or scheduling conveniences. Eligibility cannot be denied because schools simply “don’t know how they can help” or don’t share the concerns you have about your child. If you are experiencing difficulty obtaining special education eligibility for your child, reach out to K Altman Law at 888-984-1341 for a consultation with our Special Education Advocacy team. The KAL Advocacy team is committed to helping you understand your rights and the rights of your student.