There are 13 disabling conditions that make a child eligble for special education services. One of those conditions is known as a “Specific Learning Disability”.
”Specific Learning Disability (SLD)” means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
1) It is characterized by a severe discrepancy between the student’s current achievement and intellectual ability in one or more of the following areas:
· Basic reading skills;
· Reading comprehension;
· Oral expression;
· Listening comprehension;
· Mathematical computation;
· Mathematical reasoning; and
· Written expression.
2) The term does not apply to students who have learning problems that are primarily the result of visual, hearing, or motor disabilities, general cognitive deficits, emotional disturbance or environmental, cultural or economic disadvantage.
3) The district shall adopt procedures that utilize a statistical formula and criteria for determining severe discrepancy. Evaluation shall include assessment of current academic achievement and intellectual ability.
It is advisable for parents to review and ask the team for specific information on each test and each subtests. The subtest scores can be more valuable than the mean of scores. The numbers can provide guidance on what a child’s actual weaknesses are. Once you know the specific area of need you can focus specific attention on building in that area.
Special Education means specially designed instruction at no cost to the parent, to meet the unique needs of individual children with exceptional needs, whose educational needs cannot be met with modification of the regular instruction program, and related services, at no cost to the parent, which may be needed to assist such individuals to benefit from specially designed instruction.
Typically prior to placement in special education, a child’s general education teacher will modify the curriculum for the child. It could be as simple as a change in seating or providing extra time for class work or delivering information verbally, visually or by modeling.
If these modifications do not work, the child can be referred for be tested for special education services. After referral a local education agency will provide specialists to test your child. The child will be assessed and given a series of tests to discover how they learn. Parents and teachers are interviewed to determine the needs of the whole child. The specialists, teacher, parent and a school designee will meet to determine if a disability is preventing a student from accessing education. If a disability is found, the team will use the results of testing to develop a program of instruction that is specially designed to the individual student. This is called an Individualized Education Program. This program will include goals and services. If a disability is not found, the child will not be eligible for special education services. Children who are not eligible for special education but whose testing showed a discrepancy between aptitude and achievement can be eligible for 504 services.
These 504 services could include tutoring services rendered by the general education staff. These services are something that could assist the child in closing the education gap they are experiencing.
Free, Appropriate Public Education.
A FAPE is provided if the program or placement was designed to address Student’s unique educational needs and reasonably calculated to provide some educational benefit in the least restrictive environment. The districts program must provide a “basic floor of opportunity” that consists of access to specialized instruction and related services.
Example: If your child is hard of hearing a program that suggests books on tape to address reading difficulty is probably not appropriate.
Procedural Violation by District Can Constitute a Denial of FAPE.
Parents of children with disabilities are also provided procedural protections under the IDEA (20 U.S.C. Section 1400 et seq). The district significantly impeded parents’ opportunity to participate in the IEP team making process. Parents are required and vital members of the IEP team. The IEP team must consider the concerns of the parents for enhancing their child’s education throughout the development of the IEP. Parents observe their child in a variety of settings and have a unique perspective of their child’s needs. In order to fulfill the goal of parental participation in the IEP process, the school district is required to conduct a meaningful IEP meeting.
