Special Education Eligibility

Many parents think of special education as a resource only for significantly cognitively disabled children - yet special educational services are available for a variety of different challenges that children may face. This includes Asperger's Syndrome, ADHD, developmental delays, health impairments, traumatic head injuries and speech or language impairment and emotional disabilities - such as clinical depression. 34 CFR 300.8 (c). Many children with chronic health conditions or ADHD may fall under a category known as "Other Health Impairment" (OHI) This category of disability is defined as having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment," that: (i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (ii) Adversely affects a child's educational performance.34 CFR 300.8 (c)(9) When a child has a disability and that disability adversely affects a child's educational performance parents should consider what resources may be available to them. Many families, not understanding the system of special education, fail to take action to ask the school for an evaluation, or to notify the school about their child's psychological or health conditions. For instance, a child who is clinically depressed may just seem quiet in school and in large schools even failing grades and test scores don't attract the attention they should. That said, academic progress alone is not the sole determinative factor - especially for children with Asperger's or communication disorders. A variety of factors go into eligibility decisions. Districts must draw upon information from a variety of sources in order to make an eligibility determination. Parents must understand that a school district is legally obligated to identify their child and put in place a plan to help the child behaviorally and academically if they need special education services to help them to progress educationally. School districts are obligated to notify parents of these resources, but parents should be as proactive as possible to ensure educational success. Districts have a duty to identify, locate, and evaluate all children with disabilities residing within the jurisdiction that either have, or are suspected of having, disabilities and need special education as a result of those disabilities. 34 CFR 300.111. If they fail to identify and provide services to your child they may be able to get compensatory educational services to make up for any lost educational services. An Individualized Education Plan (IEP) can be created if your child is eligible and this plan is targeted to address your child's needs and his or her necessary accommodations. If you believe your child may need special educational services the first and most important thing is to notify your child's teacher or principal and ask for an evaluation.