SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 3

Information on Eligibility Criteria

From a 13-Chapter Manual

Available by Chapter and in Manual Form

Written by:

Community Alliance for Special Education (CASE)

and

Protection and Advocacy, Inc. (PAI)

Copyright © 1992 by CASE and PAI

Ninth Edition

Revised December 2005

Written permission of the Community Alliance for Special Education (CASE) and Protection and Advocacy, Inc. (PAI) must be obtained for duplication of the materials contained in Special Education Rights and Responsibilities.

These materials are based on special education laws and court decisions in effect at the time of publication. Federal and state special education law can change at any time. If there is any question about the continued validity of any information in the handbook, contact CASE, PAI or a legal authority in your community.

 

Federal special education law was significantly amended by Congress in 2004 and will be further clarified by regulations from the U.S. Department of Education in 2006. The California Education Code has been amended to reflect some of the federal law changes but not all.  In certain circumstances where it provides greater protections or entitlements, California law will continue to control special education pupils’ rights unless it is amended to completely conform to federal law.

CASE and PAI will monitor the development of conforming state law and regulations, so that revised state laws and regulations can be incorporated into later supplements and editions of SERR.

For further information on the development of federal and state law and regulation, or clarification about IDEA implementation, please contact CASE or PAI.

 

Community Alliance for Special Education (CASE) provides legal support, representation, technical assistance consultations, and training to parents throughout the greater San Francisco Bay Area whose children need appropriate special education services. Trained advocates and attorneys assist parents at IEP meetings, Mediation Conferences and Due Process Hearings. CASE also provides free consultations about special education rights and services to parents and professionals by telephone or face-to-face. CASE is a nonprofit organization serving all children with disabilities who need or may need special education services. For more information, contact:

CASE

 

Protection and Advocacy, Inc. (PAI), is a private, nonprofit organi­zation that protects the legal, civil and service rights of Californians who have develop­mental or mental disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746

9:00 AM to 5:00 PM - Monday through Friday

 

 

PAI receives funding under the Developmentally Disabled Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

TABLE OF CONTENTS

Chapter 1             Information on Basic Rights and Responsibilities

Chapter 2             Information on Evaluations/Assessments

Chapter 3             Information on Eligibility Criteria

Chapter 4             Information on IEP Process

Chapter 5             Information on Related Services

Chapter 6             Information on Due Process Hearings/Compliance Complaints

Chapter 7             Information on Least Restrictive Environment

Chapter 8             Information on Discipline of Students with Disabilities

Chapter 9             Information on Inter-Agency Responsibility for Related Services (AB 3632/882)

Chapter 10        Information on Vocational Education

Chapter 11        Information on Preschool Education Services

Chapter 12        Information on Early Intervention Services

NOTE:              The text in each chapter refers to specific questions in other chapters by using the titles shown above

 

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SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 3

Information on Eligibility Criteria

TABLE OF CONTENTS

Question                                                                                    Page

1.      SEE ALSO CHAPTER 1, QUESTION AND ANSWER 2. Who is eligible for special education under federal and state law?. 1

2.      Does my child have to be deaf in order to be eligible for special education as a hearing impaired student?. 3

3.      The county (or district) has a program for deaf/blind children. Does my child really have to be both deaf and blind to be eligible for the program?. 3

4.      How are students with speech and language disorders served? What are the eligibility criteria for service?. 3

5.      The district provides services for “visually handicapped” students. Is that limited to students who are actually blind?. 5

6.      What are the criteria for eligibility for special education on the basis of physical disabilities?. 5

7.      What are the criteria for eligibility for special education on the basis of health conditions and problems?. 5

8.      How do school districts determine that a child has autism or a disorder like autism?. 6

9.      Are IQ scores the only basis for eligibility for special education based on mental retardation?. 6

10.   What are the eligibility criteria for seriously emotionally disturbed students?. 7

11.   My child has been diagnosed with a conduct/behavior disorder, such as oppositional defiant disorder. Can he qualify for special education?. 8

12.   Can a child with attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD) be eligible for special education services?. 8

13.   SEE ALSO CHAPTER 1, QUESTION AND ANSWER 2(A). How do the eligibility criteria apply to students with a suspected learning disability?. 9

14.   Does the IEP team have to use the full-scale IQ score to qualify my child for special education under specific learning disability?. 11

15.   Are some children penalized by the learning disability eligibility criteria?. 11

16.   Does a student have to be two years behind academically to be eligible for special education as a learning disabled student?. 11

17.   Can gifted students be denied special education eligibility for specific learning disabilities based solely on intelligence?. 11

18.   What are the eligibility criteria for children from age three through five years of age?. 12

19.   Can my child be eligible for special education if he only needs some related services, like speech therapy, for example, but does not need special education instruction?. 13

20.   SEE ALSO CHAPTER 1, QUESTION AND ANSWER 33. If my family moves to a new school district, does my child need to be found eligible again for special education by the new school district?. 14

21.   If my child does not meet special education eligibility, is there any other way to obtain some special services to address educational problems?. 14

22.   If a student is eligible for services under section 504 only, can she receive special education services?. 15

23.   My child is progressing from grade to grade. Can he still be eligible for special education?. 16

24.   Can the school district limit the services that my child receives based on her disability?. 16

25.   My child is eligible for special education under one of the special education eligibility categories, but he has other problems which affect his learning that, by themselves, might not have qualified him for special education. Must the school address these other learning problems too?