I decided to write this blog because recently I've heard the same problem come up for multiple parents. It goes something like this...
"My child has a diagnosed learning disability, but did not qualify for special education services."
"My child's school told me their grades are too high to qualify for an IEP."
"The school says there has to be an academic need to get more support. My child has been suspended multiple times."
Some of the reasons described above and used as a rationale for denying services are not completely accurate. Some are just not true, and I doubt that many knowledgeable school administrators would go as far as documenting these reasons in writing.
So, let's go over the facts.
The Individuals with Disabilities Act (first passed in 1975) is federal legislation that outlines the 13 categories of disabilities that students can receive special education services through.
You can find these same categories or eligibilities listed on the Georgia Department of Education's website. Note that on the GA Dept of Ed website there are 12. From what I can see IDEA outlined hearing impairment as a separate category, and I believe in Georgia that is associated with the same category as "Deaf/Hard of Hearing."
Now, it does get a little confusing when diagnoses from the DSM-5 do not complete match in the language of these eligibilities. However, if we look more closely on say, the Other Health Impairment category on the GA Dept. of Ed, we can see how these categories can cover medical diagnoses:
"Other health impairment means...... due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficient hyperactivity disorder,"
If we look under specific learning disability, we can see:
"The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia."
Finally if we look under the eligibility Emotional Behavior Disturbance, we find this definition:
A student with EBD is a student who exhibits one or more of the above emotionally based characteristics of sufficient duration, frequency, and intensity that it/they interfere(s) significantly with educational performance to the degree that provision of special educational services is necessary.
There is NO grade requirement outlined under this eligibility category.
So why is my school telling me my kid doesn't qualify for services?
So, there are a few things to consider.
There are important reasons why schools do not want to disproportionally identify students. Additionally, there is a guiding principle for IDEA called the "least restrictive environment." That essentially means:
• Students with disabilities receive their education alongside their peers without disabilities to the maximum extent appropriate
• Students should not be removed from the general education classroom unless learning cannot be achieved even with the use of supplementary aids and services
The least restrictive environment really is an important concept because the intention of IDEA was to include students with disabilities in our educational system. Before legislation like the IDEA and 504 act, unfortunately many students with disabilities were not allowed in school at all.
What else is happening...
Now, that being said, other factors also play a part. Many administrators and teachers have no background or training with special education at all. Many are not familiar with the IDEA at all.
Adequate staffing and support is also a barrier to effective special education support, Many posted job opportunities for special education teachers and paraprofessionals go vacant for months if not the entire year.
Although there is a shortage in staffing, there is unfortunately a shortage of need. Given where our country's literacy levels currently are, and the fact a major pandemic just occurred, there are A LOT of students with significant needs. That may impact the perceived severity of an individual student's challenges.
That is another reason why parental advocacy is so important.
A few things I've seen in 10 years in special education:
I have worked with many students with diagnoses like ADHD. They were often served under the eligibility OHI. Some had academic needs, some did not.
I have also worked with many many students with emotional behavior needs that did not have any reading, writing, or math needs. They did however need support because their emotional behavior disorder significantly impacted their education.
I have definitely seen students who were initially turned down for services, later receive special education services. Sometimes their parents have also advocated and been awarded something called compensatory services. This means the school provided services to basically make up from the time they were initially denied.
What can I do as a parent to support my child who has a disability, or I strongly suspect does?
First and foremost- take care of yourself during this process. Advocacy can be incredibly draining and is definitely a marathon and not a sprint.
Secondly document EVERYTHING. By document I mean in writing via email or paper correspondence. You should do this because it can be used later, should you need to file a state complaint (which is a thing). More importantly though, the truth is when pressed in writing, school's are rarely going to stand on their denials the same way they would in a verbal conversation.
This goes with the last one- if you are concerned, or even more so if you have a private evaluation, consider directly requesting an evaluation in writing. I would recommend doing this by emailing not just the student's teachers but also administrators, or better yet, special education administrators.
Be prepared to advocate for why your child either needs an evaluation or qualifies for services. This means really knowing your child and their strengths, weaknesses, and educational history. If your child has a private evaluation- this means knowing your child's evaluation results well. See the bottom of this blog for an opportunity to learn how to do this.
Remember any meeting you are in is a team meeting. You may feel pressured to agree with a recommendation, but you do not have to. You can state your concerns and ask for the school to provide their decision in writing. You may hear this referred to as prior written notice (PWN).
Support for you in this process.
As I mentioned, I decided to write this blog because so many parents have spoken up about situations that I know as a special education teacher should not be happening.
I am going a step further though. I am creating the special education success course. This is a month long course for overwhelmed parents who want to better understand their children’s recent diagnosis of dyslexia and ADHD in order to help them succeed academically and behaviorally. If this is something that interests you, join the interest list through the button below.