The 411 on the IEP

I'm sure you are familiar with the old parental lament, "If only kids came with an instruction manual!" Wishful thinking, right?
Or is it?
What if parents could work together with a team of experts to develop such a manual for their child? They could review the child's strengths and weaknesses, the parent's concerns, and the child's needs and formulate a plan including instructions for how to enable the child to be successful. Sounds pretty good, doesn't it?

Well, that's the general idea behind the IEP or Individualized Education Plan; although, as many parents who have been through the IEP process are aware, this is usually easier said than done.

Remember Dorothy from my earlier post here?

So, the idea is that you (the parent) and the other members of Dorothy's IEP team work together to develop (and on at least an annual basis review and when necessary, revise) a Plan for Dorothy's education.  GO TEAM!

Now, as a parent, the idea of developing an IEP may seem intimidating. It doesn't have to be. The key to a successful IEP meeting is to be prepared. First, make sure you have all of your child's records together, including any evaluations completed. If you don't have them, request them.

"How am I supposed to know what to put in an IEP?" you may ask.

Well, you'll be happy to know that lawmakers have been kind enough to provide a sort of road map, a Yellow Brick Road if you will, for us to follow in this regard. YAY LAWMAKERS!

The Individuals with Disabilities Education Act (2004) Section 1414(d)(1)(A) defines the Individualized Education Plan as a written statement which includes the following information:

• the child's present levels of academic achievement and functional performance;
• measurable annual goals, including academic and functional goals, designed to meet the child's needs;
• how the child's progress toward meeting the annual goals...will be measured and when periodic reports on the child's progress will be provided;
• special education and related services and supplementary aids and services to be provided and program modifications or supports
• an explanation of the extent to which, if any, the child will not participate with nondisabled children in the regular class
• any accommodations necessary for State and district wide assessments, or if the child is to take an alternative assessment, the reasons for and nature of said alternative assessment;
• the projected start date for services and modifications and the frequency, location and duration of each; and
• beginning prior to the student turning 16, postsecondary goals and transition services designed to help meet those goals.

A lot of good information there. But wait, there's MORE!

The IDEA also includes this handy dandy (and somewhat shorter) list of things you and your teammates are to consider when developing Dorothy's IEP conveniently located under Section 1414(d)(3). This list includes:

• the strengths of the child;
• the concerns of the parents for enhancing the education of their child;
• the results of the initial (or in the case of a review/revision, the most recent) evaluation;
• the child's academic, developmental and functional needs; and
• special factors, when appropriate, such as behavioral issues, limited English language proficiency, communication needs, the need for Braille for the blind or visually impaired and/or the need for assistive technology.

I know it seems like a lot of information to cover in one meeting. This may lead many parents to wonder, "Shouldn't these decisions be left to the experts? How do I know what services or accommodations to ask for? What should the goals be? Are my expectations too high or too low?"

Let me answer the first question with another question: when it comes to the needs of your child, who is more of an expert than you? As I have said before, you are the only member of your child's IEP team with only your child's best interests at heart.


As to requesting the right services and formulating goals, there are many sources available to assist you.

• Review your child's most recent evaluation. It should help identify areas of strength and need.
• Research your child's disability. What are the latest treatments and therapies recommended? 
• Check out websites like Wrightslaw and The National Dissemination Center for Children with Disabilities. They are great resources and provide a wealth of information.
• Find a support group for parents with your child's disability. Parents often share their experiences and what types of services have proven successful (or unsuccessful) in the past. 
• Talk to your child's doctor. 
• Talk to an advocate. As advocates, we can review your child's records with you and help you prepare for the IEP meeting. We can even attend with you if you'd like.  

At least once each school year, the IEP team must meet to review how things are going (20 USC 1414(d)(4)). Did the child achieve the goals set? If not, why not? Does a change need to be made? If the goals were achieved, the IEP should be revised to include new goals. Has there been a reevaluation? Do you, as a parent, have any concerns to be addressed? You will want to prepare for each subsequent meeting in the same manner. Stay on top of things. If you do, you will ensure your child has the best possible chance for success. 

The Twice Exceptional Child: "A Cipher Wrapped in an Enigma Smothered in Secret Sauce"

While the above quote was a self-referential statement made by Stephen Root in a 1995 episode of NewsRadio, I find it to be just as fitting in its present context. The term "twice exceptional", or 2e, refers to one who is both gifted and disabled. How common is it for a child to be 2e? How are 2e students identified? Once identified, how can teachers adequately meet the needs of their disability while at the same time fostering the development of their gifts? These are questions professionals and parents have been puzzling over for years.

 First of all, let me just say I am not a huge fan of the term "twice exceptional"(although it is better than "twice gifted", a term that has also been used to describe them). Despite the fact that "exceptional" simply refers to something out of the ordinary with no positive or negative connotations, we tend to use it most often to describe things that are really good or positive. Now, while I think most people would find the idea of being gifted to be a positive thing, I don't believe they would feel the same about being disabled. Be that as it may, since it is the accepted term and I can't really come up with a better name,  let's just stick with 2e.

No one really knows how many 2e children there are in the US because no one has ever really tried to count them. Back in 2006, the NEA gave an estimate, based on other estimates gathered from different sources, of 360,000 children in the US identified as both gifted and disabled (National Association of Gifted Children Position Statement: Twice

Stephen Hawking

Exceptionality, http://www.nagc.org/index.aspx?id=5094). This number is equivalent to approximately 5% of the population served under the IDEA (Individuals with Disabilities Education Act) that year. (U.S. Department of Education, Office of Special Education Programs, Data Analysis System (DANS), "Children with Disabilities Receiving Special Education Under Part B of the Individuals with Disabilities Education Act," 2006).. There has been a lot of research done on the subject though  by experts both in the areas of gifted and special education. Most of the stuff I've found seems to focus on intellectual gifts in children with one of three types of disabilities; autism spectrum disorders (including Asperger's), specific learning disabilities (dyslexia, dysgraphia, etc.) and "other health inpairment" (ADHD).

So, how are 2e children identified?

Temple Grandin

The best way to ensure proper identification and avoid misdiagnosis is through a comprehensive evaluation. To be comprehensive, it must include as much information as can be gathered regarding the child's cognitive abilities, academic performance, social and behavioral characteristics, and emotional and physical development from a variety of sources including assessments, work product (class work, writings, creations from home), observations made by classroom, special education and gifted teachers, parent input, input from the child and any other sources which may provide relevant information relating to the child. Think of it as putting together a complete portfolio. The idea is to get as full a picture of the child as possible.

Assessments should be conducted by individuals knowledgeable about characteristics of gifted students and students with disabilities. The assessments themselves should be varied in what they test and how they are administered. IQ tests, achievement tests, tests of creativity and divergent thinking can each provide valuable information but no one test should be the determining factor of either giftedness or the presence of a disability. A good assessor will focus on the details and not just the end result of each assessment.  For example, the Wechsler Intelligence Scale for Children (WISC) is widely used to identify gifted children as well as children with developmental disabilities. In the latest version, the WISC-IV, the Full Scale IQ score (the result) is a composite of four different indexes: verbal comprehension, perceptual reasoning, working memory and performance speed. Each of these indexes is further broken down into several subtests. Looking at a child's individual subtest scores can provide valuable insight into areas of particular strength and weakness and indicators of possible disability.  Other factors can also have an impact on assessment results including testing environment, emotional state of the child, cultural and economic factors, etc.. All should be included in the assessor's report and considered part of the portfolio.

Once the portfolio has been assembled and reviewed by a team which should include individuals with expertise in gifted and special education, the information gathered can provide a road map as to how to best meet the individual needs of that 2e child. The goal should be to remove or minimize the barriers presented by the disability enabling the child to develop his/her talents. Simple, right?

Honestly, there is nothing simple about it. This is a best case scenario of how things SHOULD work but to implement something like this across the board would require an overhaul of both gifted and special education practices in most states. Some states have made progress and include specific provisions for the identification and education of 2e children including Virginia  (http://www.doe.virginia.gov/administrators/superintendents_memos/2010/280-10.shtml), Colorado  http://www.lexisnexis.com/hottopics/colorado/?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=C.R.S.+22-20-201, Idaho (http://www.sde.idaho.gov/site/gifted_talented/twice-exceptional/docs/2E%20Manual.pdfhttp://www.sde.idaho.gov/site/gifted_talented/twice-exceptional/docs/2E%20Manual.pdf), and Ohio (http://education.ohio.gov/Topics/Special-Education/Educating-Gifted-Students-with-Disabilities) . It's a start. but we still have a long way to go. For now, the battle for the 2e must be fought in local trenches one child at a time.

Who's In Charge Here? Looking Behind the Curtain in Special Education Matters

Let's say you have a daughter named Dorothy.

Dorothy is (ahem)  9 years old and has recently been evaluated and found eligible to receive special education and related services for her ADHD and high functioning autism.  A few days later, you receive your club Welcome Packet and official "Team Dorothy" jersey!! Or you might receive a rather legal looking notice from the school summarizing the results of the evaluation and an invitation for you to attend a team meeting to review the evaluation data and develop an individualized education program to address Dorothy's needs. A little less festive but just as important.

"Hmmm", you say to yourself, "Team meeting? Who else is on this team?"

Great question! Let's meet the other members of Team Dorothy, shall we?

The official IEP team roster can be found in Section 1414(d)(1)(B) of the IDEA (Individuals with Disabilities Education Act). It includes

• you (the parent), 
• at least one of Dorothy's "regular" education teachers, 
• at least one of her special education teachers or providers (the one responsible for implementing the IEP), 
• a representative of the local education agency (LEA, or as we call it here in Texas, the school district), 
• someone who can interpret the instructional implications of the evaluation data (the role of interpreter can be played by one of the other members of the team or a Licensed Specialist in School Psychology or an education diagnostician), 
• Dorothy (if appropriate) and 
• anyone else the parent or agency feels has special knowledge or expertise relating to Dorothy (such as an advocate!). 

The Statute further defines the LEA representative as one

 (I) qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(II) knowledgeable about the general education curriculum; and

(III)  knowledgeable about the availability of resources of the local educational agency

(20 USC 1414(d)(1)(B))

Sounds great, right? With this kind of line up all working together how can Dorothy lose? After all, you know Dorothy's teachers and they all love her and they're always so helpful. Of course they're going to do what's best for her. And Glenda, the Special Education teacher, is an expert on working with children like Dorothy and will know exactly what to do for her. And we all want what's best for Dorothy, right? Unfortunately, even taking into account all of the above to be true, which is not always the case, our team members don't have a lot of power, magical or otherwise, and there are more powerful hidden team members with other motives at work.

"Who are these hidden team members and what do they want?" you ask. Well, that may require a little investigating on your part. Who has the authority to make decisions with regard to special education programs? Is it the principal?  The local Special Education Director? The local school board? The Superintendent? How is power distributed? To answer those questions, you need to examine your LEA policies, which are public information and should be readily available to you. Check their website. If you can't find them, ask. As a member of this team,  you can't play the game unless you know the rules.
As for what they want, they want uniformity. They want consistency. They want efficiency. They want convenience. After all, they are tasked with the education of hundreds, or even thousands, of students. They can't possibly be concerned with the needs of one child, even one as special as Dorothy.

While you will never see these team members at an IEP meeting, their presence will be reflected in the actions of those that are. You will hear it in phrases like "We can't do that" or "we don''t have the budget for that".  They will tell you about district policies governing what they can and cannot provide. Most of the time such policies are "unwritten".

They will sympathize with your frustration and wish they could do more. They will offer what services they can within limits. If you are looking for services that are more unique and individualized, you will find resistance even if what you're asking for is perfectly reasonable and will truly benefit Dorothy.

My reason for telling you this is not to discourage you but to empower you. Despite their best intentions, know that you are the only member of your child's IEP team with only your child's best interests at heart. You are the hero of this piece. You must be great and powerful.

"Me?" you ask, "What can I do?" The answer is A LOT!
You gain power through knowledge and preparation. You need to walk into that IEP meeting knowing as much as you can about your child's disability. What services and/or techniques have proven effective? How do they relate to your child's unique needs?

• Go online. 
• Talk to your pediatrician. 
• Talk to an advocate. 

The more you know, the better prepared you'll be. Pick your battles. You may not win them all so it's important to prioritize. If it's minor, be prepared to let it go. If it's a top priority,  don't take no for an answer. Remember you are fighting for the noblest of causes; your child's future.

The Theory of Eligibility or E = Qualifying Disability + Educational Need^2(?)

In order to better explain the eligibility evaluation and determination process, I have broken things down to a series of questions and answers. Hopefully, it makes sense to everyone.


QUESTION 1: IS MY CHILD ELIGIBLE FOR SPECIAL EDUCATION SERVICES UNDER THE IDEA?

In order for a child to receive special education services under the IDEA, he/she must

• have a disability as defined by the statute Section 1401(see earlier posts for a list of qualifying disabilities) AND

• as a result of having such disability,  need special education AND related services.

So, having a disability alone is not enough. That brings up our next question.

QUESTION 2: WHAT EXACTLY IS "SPECIAL EDUCATION" AND "RELATED SERVICES"?

 Well, lucky for us the IDEA provides definitions. According to the Statute, the term "special education" refers to instruction that is "specially designed" to meet the disabled child's unique needs (Section 1401(29)). Does that clear things up for you? No? Well, the Code of Federal Regulations Volume 34 is somewhat helpful here. Section 300.39(b)(3) defines "specially designed instruction" as

adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—

(i) To address the unique needs of the child that result from the child’s disability; and

(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

To put it simply, special education involves changing what the child is taught, how it is taught to the child and/or how the child receives instruction in order to enable the child to learn based on the child's unique needs.

"Related services" are those services necessary to enable the child to benefit from special education services. These include things like physical therapy, occupational therapy, psychological or audiological services, speech, etc. (Section 1401(26).

QUESTION 3: HOW DO I KNOW IF MY CHILD NEEDS SPECIAL EDUCATION AND RELATED SERVICES?

The answer is by obtaining a comprehensive evaluation either on your own or through the school. Schools may not always be as comprehensive in their evaluations as they could be so if you choose this path, proceed with caution and keep in mind you can always obtain an independent evaluation later if you so choose.

QUESTION 4: HOW DO I GET THE PROCESS STARTED?

The first step in the Special Education process, regardless of whether or not you obtain a private assessment, is to request an initial evaluation. The request can come from a parent or guardian, the school or the district or even a State education agency.

Once a request has been made, written and informed parental consent is required before proceeding with the evaluation. It is important to note that by consenting to the evaluation, parents are not consenting to the provision of special education services. This is just to determine if the child is eligible to receive services.
     If the parent fails to consent, either willfully or just by failing to respond to the request for consent, the educational agency can request a due process hearing against the parent.
     If it is the other way around and the school or district is refusing to evaluate the child, they must provide a written explanation for refusing and information on how to challenge the decision (i.e. a due process hearing).


When parental consent is established, the clock starts ticking. The initial evaluation must be completed within 60 days of obtaining consent (unless the state had a longer time limit in place prior to July of 2005).

QUESTION 5: WHAT DOES AN INITIAL EVALUATION ENTAIL?

According to Section 1414 of the IDEA, the school or district conducting the evaluation must:

use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent

They cannot rely on any one measure or assessment in determining eligibility. The tools implemented should be reliable and administered by people with the appropriate knowledge and training to do so. The assessments must address all areas of suspected disability and provide information regarding the child's functional, academic and developmental abilities. It is important that parents be as detailed as possible when providing information about their concerns regarding their children. The information gathered is not only used to determine eligibility for services but what needs those services should address. Parents must be provided copies of all assessments performed at no charge.

When determining if the child needs SPED and related services, there is a tendency to focus on academic performance. If the child has a disability and is failing classes as a result, the need for special education services is pretty clear. But what if the child isn't struggling academically? Does that mean the child is not entitled to services under the IDEA?  The answer is no. The Statute includes specific language requiring the assessment of functional and developmental abilities as well as the academic. According to the US Department of Education, functional abilities refer to the skills necessary to perform more everyday tasks such as life skills (eating, dressing, toileting, etc.), social skills, behavior skills and mobility skills. Having a deficit in any of these areas can have an adverse effect on the child's involvement and progress in the regular education curriculum. In such cases, specialized instruction in these areas would be appropriate.

QUESTION 6: WHAT HAPPENS NEXT?

When the assessments are completed, parents meet with "a team of qualified professionals" and together determine eligibility and educational need. (IDEA Section 1414(b)(4)(A)). If the child is determined to meet eligibility requirements, the team (including the parents) will formulate a plan on how to best address the child's individual educational needs and create an Individualized Education Program (IEP). Informed parental consent must be obtained before the child can receive any such services. If the parent refuses to give consent, the school will not be required to do anything further under the IDEA.

If the parents are dissatisfied with the evaluation results, they are entitled to request an Independent Educational Evaluation at public expense. If the request is denied, a hearing will be held to determine the appropriateness of the original assessment. Even if the parents' request is ultimately denied, parents can still seek an independent evaluation at their own expense and the results of such evaluation must be considered in determining what constitutes a Free Appropriate Public Education for their child (see 34 CFR Section 300.502). Parents should be sure that any outside assessments obtained meet with stated district criteria requirements.

And that concludes my overview of the eligibility and evaluation process. Any questions?    

Social Skills For All

I have been reading and talking a lot about social skills lately. My son, now 13, has struggled with social skills deficits all his life. Social skills instruction has always been a main focus of his IEP. The instruction he receives however, has always been in isolation with a handful of other similarly socially challenged kids.

While his SPED teacher insists she has seen great improvement within that group, there is no evidence of such improvement anywhere else. In fact, since it takes place primarily during lunch, it has effectively isolated him even further from his typically developing peers.

When I have inquired about including different groups of kids, I was told this would only serve to magnify the problem and open him up to more ridicule. Hmmm, and who's social skills deficit would THAT be?

There is an inherent flaw in the system when the focus is placed only on the lack of social skills which cause students to be outcast or bullied and not on the lack of social skills shown in casting them out and/or bullying them in the first place.

Recently I read an article posted on the Autism Speaks website about a study that showed training typically developing peers how to interact with children with social problems and autism yielded better results than teaching only those with deficits.You can find the article here.


That got me thinking. Why is teaching social skills not a mandatory part of school curriculum? Look around you. Read the news. Watch TV. Kids in Special Education are far from the only ones who could benefit from social skills instruction. Learning the concepts of inclusion and acceptance tolerance and compassion can only benefit us as a society.

What are social skills? There are many definitions out there but what it all boils down to is one's ability to communicate and interact with others successfully. It includes outward displays like conflict resolution, establishing and maintaining interpersonal relationships, communicating wants and needs in a positive way. It also includes inner aspects like listening, interpreting facial expressions and body language and emotional control. Think of what a wonderful world it would be if everyone exhibited good social skills.

Early intervention and continued reinforcement would be best but that doesn't mean social skills curriculum cannot be introduced at the middle or even high school level.  According to the National Association of School Psychologists, there are several school wide evidence-based social skills training programs out there including  "Stop and Think", Primary Mental Health Project, The EQUIP Program, PREPARE and ACCEPTS.  I would strongly urge everyone out there to contact your local school board or attend the next board meeting and ask about adding a social skills training program for all students in the district. It seems like a natural addition to any Language Arts program.  They are relatively inexpensive and the benefits would reach far beyond the classroom.

An Education on Special Education

In response to a large scale congressional investigation which revealed that millions of disabled children were receiving little or no educational services, Congress passed Public Law 91-142: The Education for All Handicapped Children Act of 1975. The main focus back then was making sure children with disabilities had access to an education and that their rights and the rights of their parents were protected. There have been several amendments and name changes over the years. The most recent incarnation is the Individuals with Disabilities Education Improvement Act of 2004 known as IDEA (20 USC 1400, et. seq.).

The purposes of the IDEA are stated clearly in Section 1400(d) of the statute. There are four. For the purposes of this discussion, I will be focusing mainly on (1)(A). It states:

(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living

In my last blog I included the list of ailments which define a child with a disability under the IDEA. They are enumerated in Section 1401(3) of the statute:

(i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as "emotional disturbance"), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services.(20 USC 1401(3))

You see the term "FAPE" (free appropriate public education) thrown around a lot in special education discussions. "Free" seems pretty self explanatory. Education for a child with a disability should come at no cost to the parents. "Public" seems pretty clear too referring to provision at public expense supervised by public entities. "Appropriate" is another story. What is an appropriate education? It is different for each child with a disability. It is one that is suitable for the child taking into account that child's specific educational needs, strengths, areas of weakness, established goals and the supports and services they will receive to help them attain their goals. That is why each child with a disability under IDEA is required to have an Individualized Education Program or IEP. More about that later.

The paragraph also refers to "special education and related services". Special education, again deals with the idea of an education tailored to fit the disabled child's individual needs in any setting including the regular classroom, a SPED classroom, a hospital or an institution, etc. including physical education. "Related services" can be any developmental, corrective or supportive services a disabled child may require in order to derive benefit from the specialized education program including, but not limited to, transportation, physical and occupational therapy, speech therapy, interpreting or audiology services, orientation and mobility services, psychological and counseling services, and so on. The ultimate goal in educating children with disabilities, as with all children really, is to "prepare them for further education, employment and independent living". Believe it or not the idea of preparing disabled children for further education is a relatively new one. Transition services aimed at not only helping disabled students to live independently but to achieve higher educational and employment goals are a key part of any special education program.

(1)(B) under Purposes ensures the protection of the rights of children with disabilities and their parents and (1)(C) provides assistance to States and local education agencies to provide an education to all disabled children. (20 USC 1400 et. seq.)

The second main purpose of the IDEA involves assisting States in putting in place early intervention services for infants and toddlers with disabilities and their families. The third and fourth relate to implementation and assessment of success. I leave those discussions for another time.

You may be asking yourself why I have spent so much time going over this one little paragraph. Simple. When you are navigating the waters of special education, this is your North Star. It is a guide for setting expectation and goals. It is a tool to employ when reviewing evaluations and IEPs or when requesting services. Keep in mind, however, the law does not require a child receive the best education possible or one that ensures a child reach his/her full potential. That being said, if there is a service or tool that you reasonably believe will assist the disabled child in benefiting from his/her education and obtaining those ultimate goals, request it.

But I am getting ahead of myself here. In order to navigate the waters, you first have to be in the boat.

Next topic: eligibility and initial evaluations.

Special Ed and 504: What's the Difference?

There are several federal laws relating to the education of students with disabilities. These include Section 504 of the Rehabilitation Act of 1973 (Section 504), the Individuals with Disabilities Act (IDEA) and Title II of the Americans with Disabilities Act of 1990 (ADA). No Child Left Behind relates to state and local testing and accountability and will not be discussed here. Not all of the laws listed apply to every student so it is important to know the difference and how they affect your child in particular.


Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (and the Amendments to the ADA of 2008) are civil rights laws. Section 504 prohibits any entity which receives federal funding, public or private, from discriminating against an individual on the basis of their disability. In 1990, Title II of the ADA expanded the scope to include all government entities whether or not they receive federal funding. What does this mean for school children? It means they are entitled to a Free Appropriate Public Education (FAPE). It means any otherwise qualified student cannot be excluded from any activities or denied the benefit of any programs or penalized in any way on the sole basis of their disability. In order to be protected under Section 504, a person must have a physical or mental impairment which "substantially limits a major life activity". There are three criteria:

1. an impairment which
2. substantially limits
3. a major life activity

None of them are fully defined in the statute which means eligibility must be determined on a case by case basis. Parents teachers or administrators can make the request for an initial evaluation. Once requested, the school must obtain informed consent of the parent or legal guardian to proceed. If consent is refused, and the school believes or suspects a child as having a disability, they can request a due process hearing to determine whether or not to override the parents decision.


Although Section 504 does include a list of "major life activities" such as walking breathing and hearing, it specifically states said list is not exhaustive. Furthermore, the Amendments to the ADA (effective January 1, 2009) expanded the list to include communicating and concentrating but still stated the list wasn't exhaustive. There is also no list of qualifying "impairments" or a definition of "substantial limitation". Eligibility is determined through individual evaluation by a committee which should be made up of individuals who are familiar with the student, able to evaluate the data properly and know what the placement options are. Data must be gathered from a variety of sources including, but not limited to, aptitude testing, academic records, medical records, observations, physical condition, social and cultural factors, etc. What the committee cannot consider in determining eligibility is the use or effect of "mitigating measures". Once again, the law provides a list of such measures which include medication, medical devices, mobility and hearing devices, reasonable accommodations, and so on; but also states the list is not exclusive. There is one exception made for ordinary glasses or contact lenses which fully correct a visual defect.


There are three possible outcomes to the evaluation: the student may be found ineligible for protection under Section 504 by failing to meet one or more of the criteria; the student may be referred for further evaluation for Special Education services under IDEA (if the district uses the same evaluation process for both, further evaluation may not be necessary); or the student will be found eligible for services under Section 504. If parents are dissatisfied with the evaluation process, they may request a due process hearing.


What services are provided under Section 504? In order to answer this question, we need to look back at the purpose of Section 504. As an anti-discrimination statute, it is meant to eliminate barriers, or "level the playing field"; to put disabled students on equal ground with non-disabled peers. As a result, there are limits to what services can be provided. The Supreme Court stated 504 was meant to provide qualifying students "reasonable modifications" which enable them to meet "all of the program requirements in spite of their disability" (Southeastern Community College v. Davis, 442 U.S. 397 (1979)). A plan under 504 can include adjustments such as sitting near the teacher or providing wheelchair access to portable classrooms, low vision aids, or communication aids just to name a few. These modifications typically do not include changes to the curriculum or program eligibility requirements. If a student requires more comprehensive or remedial services, they would probably be better served under the IDEA. All students covered under the IDEA qualify for protection under Section 504 and the ADA but not all students protected under Section 504 and the ADA are eligible to receive services under the IDEA.


If you have questions about any part of the process, check out the Office for Civil Rights website. The OCR is responsible for enforcing Section 504 and the ADA. They have a great FAQ section here: http://www2.ed.gov/about/offices/list/ocr/504faq.html Still confused? Talk to an advocate like myself to get answers to questions specific to your child.


The Individuals with Disabilities Education Act governs the provision of "special education" and related services to children with qualifying disabilities from birth through the age of 21. Children under age 2 receive early intervention services designed to help those with an identified disability in the areas of cognitive development, social and emotional development, physical development, communication and adaptive development. Children over the age of 2 with qualifying disabilities are provided with an Individualized Education Program designed to meet that child's specific needs. The purpose of the IDEA is to provide students with disabilities with a Free Appropriate Public Education that prepares them for further education, employment and independent living (20 USC 1400 et. seq.). Unlike 504 and the ADA, to qualify students must have one of a list of specified disabilities. They are:

1. Autism
2. Deaf-blindness
3. Hearing impairment (including deafness)
4. Emotional disturbance
5. Intellectual disabilities (formerly mental retardation)
6. Multiple disabilities
7. Orthopedic impairment
8. Other health impairment (this is where you find things like ADHD)
9. Specific learning disabilities (this is where you find things like dyslexia)
10. Speech or language impairment (things like stuttering not English language learners)
11. Traumatic brain injury
12. Visual impairment including blindness

In addition, they must be in need of special education and related services. The law requires these services be provided in the "least restrictive environment" appropriate. In other words, they should be educated with their non-disabled peers as much as possible.


Assessments are performed to determine areas of strength and weakness and ascertain the students unique needs.


I don't want to get too deep into the SPED process here. I will cover that in my next post. This is just to give the reader a general feel for the laws and how they are distinguished.