I received the newest WrightsLaw Newsletter – and wanted to share the below article since I hear so many parents fighting with schools about wether their child qualifies for services or not. Too often schools think that unless a child with hearing loss is failing and doing really poorly – they don’t qualify for services. This is NOT the law. Read on…
Does Your Child Meet the Legal Definition of “Child with a Disability”
The special ed law and regulations do not mention grades as a criteria for referring a child for a special education evaluation or finding a child eligible for special education services.
A child with a disability is not automatically eligible for special education and related services under IDEA. The key phrase is “who, by reason thereof, needs special education and related services.”
Does your child’s disability adversely affect educational performance?
To be eligible for a free, appropriate public education (FAPE) under the IDEA, the child must have a disability and must need special education and related services.
“My son has ADD. Our doctor told us to request special education services from the school. When we asked for special education help, the school said he is passing so he is not eligible for special ed.”
Think about it. If schools made these decisions based on a child’s grades, they could avoid providing services simply by giving all students passing grades!
What can a parent do? Find answers to this parent’s questions and more information about eligibility for special education in the article “Is a Child with ADD/ADHD Eligible for Special Education?”
What Options Do You Have?
If the child has a disability but does not need special education services, the child may be entitled to protections under Section 504 of the Rehabilitation Act.
I have other links related to this topic on my “What is a 504 Plan” page…