Need IDEA expert

Discussion in 'Special Ed 101' started by Jules71, Jan 6, 2014.

  1. Jules71

    Jules71 Warrior Mom since 2007

    Ok, I need help interpreting this. My difficult child currently qualifies under "other health impairment" for ADHD. He was just diagnosis'd with Cognitive Disorder not otherwise specified - which I believe would be a "specific learning disability" - right? But these things do not automatically qualify him for Special Education if he "only needs a related service and not special education". How is that determined? I am preparing for his re-evaluation in which I believe they might try saying he no longer qualifies.

    Sec. 300.8 Child with a disability.
    (a) General.

    (1) Child with a disability means a child evaluated in accordance with Sec. Sec. 300.304 through 300.311 as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

    (2)

    (i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under Sec. Sec. 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.

    (ii) If, consistent with Sec. 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.
     
  2. Jules71

    Jules71 Warrior Mom since 2007

    Here is what it says for WA state:

    (c) If it is determined, through an appropriate evaluation, that a student has one of the disabilities identified in subsection (1)(a) of this section, but only needs a related service and not special education, the student is not a student eligible for special education under this chapter. School districts and other public agencies must be aware that they have obligations under other federal and state civil rights laws and rules, including 29 U.S.C. 764, RCW 49.60.030, and 43 U.S.C. 12101 that apply to students who have a disability regardless of the student's eligibility for special education and related services.

    How is it determined if the student just needs a related service and not Special Education? I don't understand.
     
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