Archive for October, 2009

What Are the 13 Categories of Disability For Special Education Eligibility?

October 27th, 2009



Does your child struggle with academics, and you are concerned that they may have a disability? Have you been told by special education personnel that your child does not fit any of the 13 eligibility classifications to receive special education services? This article will discuss the 13 classifications of disability, that are covered in the Individuals with Disabilities Education Act (IDEA), and make a child eligible for special education services. Whether a certain child is eligible is up to the parent and the IEP team, but having a disability in one of the 13 categories is required in order to be found eligible.

The categories are:

1. Autism: A developmental disability that can affect the verbal and nonverbal communication, social interaction, and can have a negative affect on the child’s education. The prevalence of autism is 1 in 150 as determined by the CDC or Center for Disease Control.

2. Other Health Impaired (OHI): The child exhibits limited strength, alertness, due to chronic or acute health problems, including but not limited to asthma, ADD/ADHD, cancer, diabetes, which negatively affects the child’s education.

3. Mental Retardation: Defined as significantly below average general functioning, with deficits in adaptive behavior, which negatively affects the child’s education.

4. Emotional Disturbance (ED): Exhibits one of the following conditions over an extended period of time and these conditions negatively effect a child’s education. An inability to learn that cannot be explained by intellectual, sensory or health factors. For a child to be ED they are not supposed to have any other type of disability negative affecting their education.

5. Deafness: Residual hearing is severely impaired in processing the spoken word, negatively affecting the child’s education.

6. Hearing Impairment: Exhibits a hearing loss that is permanent or fluctuating, which even with amplification negatively affects the child’s education.

7. Visual Impairment: Impairment is such that educational potential cannot be fulfilled without special services and materials.

8. Deaf-Blindness: Child has both hearing and visual disabilities.

9. Specific Learning Disability (LD): Exhibits a disorder in one or more of the basic psychological process (such as visual, motor, language etc) which negatively affects a child’s education.

10. Multiple Disabilities: The child exhibits two or more severe disabilities, one of which is mental retardation.

11. Orthopedic Impairment: Displays severe impairments that are the result of congenital anomaly, developmental, or other causes (such as CP) which negatively affects the child’s education.

12. Speech or Language Impairment: Exhibits a communication disorder, such as stuttering, impaired articulation, a receptive and/or expressive language disorder, that negatively affects the child’s education.

13. Traumatic Brain Injury: The child has an injury to their brain resulting in total or partial functional disability.

By knowing what categories are covered under IDEA you will be able to understand if your child has a disability that makes them eligible for special education services. You are the only advocate that your child has-do not let them down!

By: JoAnn Collins

Successfully Overcoming Special Education Deny Or Delay Tactics

October 26th, 2009



Does your young child with autism need applied behavioral analysis (ABA) treatment? Are special education personnel delaying making a decision or totally denying needed educational services? This article will discuss, how you can successfully overcome deny or delay tactics, by some school personnel.

Many research studies have shown how important early intervention is for all children with disabilities. But if you waste time waiting for special education personnel to give your child the educational and related services that they need, your child’s life will be negatively affected.

Below are a few ways, to stop the deny or delay tactics, of some school personnel:

1. Make school personnel accountable for IDEA time lines. Learn about the time lines because a lot of delays that some school personnel try and get away with, are because parents do not understand the time lines, or do not make special education personnel accountable for the time lines. After you learn about the time lines are, write school personnel a letter, telling them that you know what the time lines are, and you will be holding them to the time lines.

Some things are not covered by time lines. For these I usually use 14 days. For Example: I would like a written response to my letter. I expect to receive it within 14 days. On the 15th day I write them again, and give them a shorter time frame, 5 days. If they refuse to answer my letter in writing, I would file for a state complaint. Your complaint would be, that you school district is preventing you from being an equal participant in your child’s education and Individual Education Plan (IEP) process.

2. Get an independent educational evaluation (IEE) of your child. This evaluation will give you evidence of what services your child requires. The evaluation should include, testing on academic and functional progress, educational and related services that your child needs, and what placement they require. Once you receive the in depth report from the independent evaluator, set up an IEP meeting to discuss the results. Make sure if possible, that the independent evaluator can participate in the IEP meeting by telephone. This will increase your chances of have special education personnel accept the evaluation.

3. If the school district refuses to give your child the recommended educational and related services, consider filing for a due process hearing immediately. By getting an IEE before you file for a due process hearing, you will be able to use the independent evaluators report, as evidence at a due process hearing.

Some parents wait for months, negotiating with school personnel, only to find out that the school district refuses to give the child what they need. Do not waste your child’s precious time! File for a due process now!

While due process is not an easy thing and can be adversarial, the special education personnel will continue to delay a decision, if they know that you will let them get away with it. I have heard from some parents that have waited for years, while school personnel delayed a decision.

By using these advocacy strategies you will be stopping the deny or delay tactics, of some special education personnel. Remember all the time that you waste, waiting for a decision on whether needed services are going to be given to your child, will negatively affect your child’s life. Keep up the fight!

By: JoAnn Collins

6 Ways to Improve Special Education For All Children With Special Needs!

October 25th, 2009



Are you the parent of a child with autism or another disability that is frustrated by the special education system? More than 6 million students with disabilities receive special education services in federally funded special education programs. This is about 9% of the country’s school age population. This is a lot of children who depend on the Individuals with Disabilities Education Act (IDEA), to help them get the services that they need to live a fulfilled life. As any parent of a child with a disability knows much improvement needs to be made to the special education system. This article will discuss 6 ways to improve the special education system.

Needed to improve the special education system:

1. More available parent training and more resources to pay for the training! Parent trainings are available but in most cases do cost, which prevents some parents from attending. Parents must understand their rights under IDEA in order to be effective advocates for their child.

2. More effective enforcement of IDEA, to include the withholding of funds from states and school districts, who are continually non compliant! The enforcement of IDEA basically does not exist. It is the federal governments responsibility to enforce IDEA to the states, and it is the states responsibility to enforce IDEA of local school districts. Neither one does very much in this area. Enforcement without withholding of funds will not work. In my experience it will not take many states losing their IDEA funding, before major positive changes will occur.

3. Improved diagnosis of disabilities and an easier eligibility process! Many children with disabilities throughout the US are told that they do not have a disability, therefore are not eligible for special education services. This reality hurts children with disabilities and may forever ruin their lives! Parents often do not even know that they can disagree with the schools opinion! The eligibility process needs to be made more child friendly!

4. Special education personnel must set realistic high expectations for all children with disabilities! Congress has said from the beginning that school districts expectations of children with disabilities are too low. School personnel and parents must believe that children can be successful in their education and lives, if given an appropriate education, and keep expectations high.

5. Focus on outcomes of special education so that all children will be ready for post school learning and independent living! For the year 2005-2006 55% of children with disabilities graduated from high school, in comparison to a little over 70% of children without disabilities graduated from high school. This will limit the children’s ability to go to college or get a job, which will affect the rest of their lives!

6. Improve the federal funding of IDEA! The current estimates are that the federal government only pays about 17% of per pupil costs for special education. The federal government needs to put their money where there mouth is, and fund IDEA fully!

All parents can be involved in advocating for systemic special education improvements. Notify your state and federal representatives and see how they are willing to get involved, in this process. Children with disabilities deserve to receive an appropriate education and live their lives to the fullest!

By: JoAnn Collins