Below is a general guide to understand what special education is, the process, and your rights as a parent or legal guardian. Please note that there may be slight variations amongst school districts and it’s important to consult a professional in your area for amplification or specifics within that school.
Special education in the school sector was created to bridge the gap between a student’s disability and their academic capabilities. It is a disservice to place a child that does not have a need for special education in a special education program, as a less restrictive academic environment is the goal for all students.
Special education is not a preventative service. This is why it is important for students that are struggling academically to receive appropriate and consistent interventions before being referred for a comprehensive psychoeducational evaluation. These interventions should establish the student’s baseline so that regression and/or progress can be monitored.
Ask yourself these questions if you are considering having your child assessed for a learning disability:
Does your child have any academic gaps? In other words, do they have periods of no academic instruction.
Has your child been exposed to multiple languages of instruction? For example, in kindergarten your child received instruction in a Bilingual Immersion program and in first grade they were placed in an English Only classroom.
Does your child have a history of moving schools in the middle of the academic year?
Research shows that a student loses 3 months of academic instruction when they transfer schools in the middle of an academic year.
Does your child have a history of missing a substantial amount of school?
A student’s educational performance will be negatively impacted when they have missed 10% or more of academic instruction in an academic year. Generally, this means they have missed 18 days or more of instruction.
Research also illustrates that poor attendance is correlated to whether a child will read proficiently by the end of third grade. Children that have poor attendance are more prone to be retained.
Has your child been exposed to a life changing event that may cause stress or trauma? Research shows that stress and trauma impact a student’s ability to retain information both in short and long-term memory.
If you answered yes to any of these questions it is probable that your child is not learning disabled but rather environmental factors may be impacting their academic growth. We strongly encouraged that the environmental factors are remediated urgently and to contact your child’s school to develop an intervention plan that addresses the academic concerns.
There are two main frameworks that protect disabled students in the public school sector: (1) the Individuals with Disabilities Educational Act (IDEA) and (2) Section 504.
Individuals with Disabilities Education Act (IDEA)
IDEA is a federal law that was created to provide eligible disabled students with a free appropriate public education. This law ensures that these students receive special education and related services, so that they may excel academically.
Section 504 (OCR Rehabilitation Act of 1973)
Section 504 is independent from IDEA. Section 504 is also less restrictive. Student’s that do not meet criteria or do not require special education services will generally receive academic support through section 504. Section 504 was created to provide adequate educational services to qualifying students that have a disability, so that they may have equal access to their education as non-disabled peers.
What is a 504 Plan?
A 504 Plan is a federal law that was derived from Section 504, as part of the rehabilitation act that prohibits discrimination agents disabled students. This federal law provides support to students with disabilities so that they may access their education like same age nondisabled peers. All public schools and any federally funded programs are required to offer 504 plans as part of their curriculum.
What is an IEP?
An Individual Educational Plan (IEP) is a legal binding document that houses, in detail, all of the special education services a qualifying disabled student receives.This legal binding document is developed by the IEP team and is crafted to aid the disabled students specific, unique, and distinct academic needs. The parent’s signed consent is required in order for the IEP to be implemented.
What is an IFSP?
An Individual Family Service Plan (IFSP) is a legal binding document that is created for identified qualifying special education students that are below the age of three.
14 Qualifying Disabilities Under IDEA
Currently, the Individuals with Disabilities Education Act (IDEA) recognizes 14 disabilitiess to qualify for Special Education Services:
Autism
Deaf and blind
Deafness
Developmentally Delayed
Emotional Disturbance
Hearing Impairment
Intellectual Disability (Formerly known as Mental Retardation)
The Three Most Common Disabilities in the School Sector and Their Characteristics
The three most common disabilities in which students receive special education services and what they look like:
1. Specific Learning Disability (SLD):
Generally, the student will have average abilities, but is struggling in a specific subject. Although it does occur, it isn’t common to see students struggling across all subjects.
Your child struggles processing information in a visual or auditory way. A comprehensive psychoeducational evaluation is generally used to determine if the student has a processing deficit.
The school has attempted a series of intervention to help remediate your child’s academic difficulties. However, your child continues to struggle with the subject despite the support.
2. Emotional Disturbance (ED):
Your child is experiencing substantial emotional difficulties that are making it difficult for them to learn.
When a student struggles with interpersonal relationships and it hinders their learning.
When a student exhibits inappropriate behaviors under normal circumstances.
The behaviors must be prevalent for an extended amount of time and to a marked degree.
3. Other Health Impairment (OHI)
When a student has a medically diagnosed health condition that adversely impacts their educational learning. The most common medical condition is Attention Deficit Hyperactive Disorder (ADHD). However, it can be any medical condition with documentation stating that it is adversely impacting their learning. The diagnosis must come from a board certified physician. A natural medical pathologist diagnosis is considered invalid.
These are three of the more frequently diagnosed disabilities. For a list of all disabilities utilized in the school sector click here-14 Disabilities.
Many people take Attention Deficit Hyperactive Disorder (ADHD) lightly, however, ADHD is something to take serious. ADHD is a chronic neurological disorder that results from a chemical imbalance in the brain.ADHD inhibits a person from being able to sustain attention even for small intervals at a time and affects working memory. Depending on the type of ADHD a person has it may be accompanied with difficulties regulating hyperactivity and impulsivity. The spectrum in severity of ADHD can range from mild to severe. The more severe the ADHD is the more prone it is to impact a person’s learning.
ADHD has three subtypes: (1) Inattentive type, (2) Hyperactive-Impulsive type, and (3) Combined type.
Inattentive Type
A student has difficulty sustaining attention, is disorganized, frequently wonders off task, forgets assignment instructions, and is inconsistent in work completion.
Hyperactive-Impulsive type
A student is constantly in motion and cannot control their need to move. Fidgets excessively, taps, talks, or walks even when it is inappropriate. A student continuously acts without thinking of the potential harmful consequences their actions will have on themselves or others. Their internal clock is driven by instant gratification.
Combined Type
A student that suffers from Combined Type ADHD will simultaneously exhibit the symptoms from inattentive and Hyperactive -Impulsive Type of ADHD.
Types of Special Education Programs and Services
When a student qualifies for an IEP the type of services they will receive are customized to their specific needs. By law a student must be placed in a program that offers the Least Restrictive Environment (LRE) that is appropriate for the student to excel academically. The disabled student is to receive academic instruction with peers to the highest degree possible. For example, if a disabled student can excel in an inclusion classroom they cannot be place in a special education classroom, as the IDEA requires a LRE. The IEP team determines what the students LRE is and records it on the IEP. The special education programs available in order of least restrictive are: Monitoring Services, Inclusion Services, Resource /Special Education Room, Special Day Classes (SDC), Day Placement, and Residential Placement.
For a description of these services please consider obtaining a tax deduction by purchasing our e-book. SEAS is a federal nonprofit and your contributions go back to the community.
Monitoring Services
Monitoring services allows a student to receive full academic instruction in a general education classroom and with general education peers. The student’s case manager will meet with the general education teacher to provide support.
Inclusion Services
Inclusion services take place in a general education classroom and are co-taught by a special education teacher and a general education teacher.
Resource /Special Education Room
The resource room is a separate classroom that provides smaller class room instruction for special education students. The curriculum is provided by a special education teacher and the students in the classroom are performing at a similar academic level.
Special Day Classes (SDC)
A special Day class is a self-contained special education classroom. It is a more restrictive academic environment. It provides services to student with intensive needs that cannot be met within the general education and resource room.
Day Placement
Day placements are considered when the school district is unable to meet the student’s academic needs. The academic structure is similar to that of an SDC program. Students are generally bussed to a local day facility and transported home at the end of the academic day.
Residential Placement
Residential Placement is considered the most restrictive and severer type of placement and it is only offered in extreme cases. In this type of placement, the student lives in a residential facility or school.
