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UnderstandingDisabilityCategories-1.pptxIndividualized Programming for Students with Mild/Moderate Learning Problems
EDU 5456
Understanding Disability Categories
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Welcome.
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The Individuals with Disabilities Education Act (IDEA) is a Federal law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.
“To assure that all children with disabilities have available to them …a Free Appropriate Public Education which emphasizes special education and related services designed to meet their unique needs”.
Individuals with Disabilities Education Act (IDEA)
In response to the finding that disabled children were being “excluded entirely from the public school system and from being educated with their peers[,]“ Congress enacted IDEA.
20 U.S.C. § 1400(c)(2)(B)
“The statute was designed primarily to bring disabled students into the public educational system and ensure them a free appropriate public education.”
R.H. v. Plano Indep. Sch. Dist., 607 F.3d 1003, 1014-15 (5th Cir. 2010) (emphasis omitted).
Individuals with Disabilities Education Act (IDEA)
FAPE is defined in the 2006 IDEA regulations to mean:
Are provided at public expense, under public supervision and directions, and without charge;
Meet the standards of the State educational agency;
Include an appropriate preschool, elementary school, or secondary school education in the State involved; and
Are provided in conformity with an IEP that meets the requirements of 34 C.F.R. §§ 300.320-300.324
Free Appropriate Public Education (FAPE)
LRE is a legal mandate of the IDEA requiring that students with disabilities receive their education in the regular classroom environment to the maximum extent appropriate, or the extent such placement is not appropriate, in an environment with the least possible amount of segregations from the students’ nondisabled peers and community.
34 CFR § 300.114 (a)(2)
Least Restrictive Environment (LRE)
Each public agency must ensure that-
(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
Least Restrictive Environment (LRE)
ii) Special classes, separate schooling, or other removal of children with disabilities from the general educational environment occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.
Least Restrictive Environment (LRE)
The Comments to 34 CFR § 300.114-120, at page 46588 (Placement Issues and LRE) clarify that placement decisions cannot be made solely on factors such as category of disability, severity of the disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience.
Art Cernosia, Presentation, Mississippi Hearing Officer and Mediator Training: An Overview of the Law, June 2015, pp. 27-28
United States Department of Education Guidance
Disability Categories
Autism (AU)
What is Autism?
A developmental disability
Commonly referred to as Autism Spectrum Disorder
Generally evident before age 3
Significantly affecting verbal and nonverbal communication and social interaction
Adversely affecting a child’s educational performance
Autism (AU)
Autism often includes (but is not limited to)
Engagement in repetitive activities
Stereotyped movements
Resistance to environment change
Resistance to change in daily routines and/or
Unusual responses to sensory experiences.
It is not necessary for the student to exhibit all characteristics to meet the criteria.
Deaf-Blind (DB)
What must be included in the report for Deaf-Blind?
A statement that the child cannot properly function in a special education program designed solely for children with hearing impairments or visual impairments must be included in the comprehensive evaluation and/or eligibility determination report.
Procedures for assessing both hearing impairment and visual impairment must be followed.
Developmentally Delay (DD)
Children in the age range of birth through nine who are experiencing significant delays (1.5 standard deviations) in two or more of the five developmental areas:
Cognitive
Fine and/or Gross Motor
Communication
Social/Emotional/Behavioral
Adaptive
Developmentally Delayed (DD)
Developmentally Delayed is a category to be considered when the eligibility criteria are clearly not met for one of the other 12 disability categories.
A new eligibility determination must occur before the child’s tenth birthday.
Emotional Disability (EmD)
What are Mississippi’s criteria for the Emotional Disability category?
Inability to build or maintain satisfactory interpersonal relationships with peers and teachers
Inappropriate types of behavior or feelings under normal circumstances
A general pervasive mood of unhappiness or depression;
A tendency to develop physical symptoms or fears associated with personal or school problems
Inability to learn that cannot be explained by intellectual, sensory, or health factors
Emotional Disability (EmD)
Emotional Disability includes schizophrenia
Emotional Disability does not include children who are socially maladjusted, unless it is determined that they have an Emotional Disability.
Hearing Impairment (HI)
What are the criteria for Hearing Impairment?
An impairment in hearing which is permanent or fluctuating
Deafness which impairs processing of linguistic information through hearing with or without amplification
Intellectual Disability (ID)
What is the definition of Intellectual Disability?
The student exhibits learning problems which vary in degree from mild to severe.
Delays in cognitive abilities, adaptive behavior, and developmental milestones must have been evidenced during a child’s developmental period.
Upon entering school, such delays must have adversely affected a child’s educational performance.
Intellectual Disability (ID)
What are the criteria for Intellectual Disability?
A standard score of at least two standard deviations below the mean of the test of mental abilities (standard error of measurement may be taken into consideration); AND
Mild to severe deficits in achievement; AND
Significant delays in adaptive behavior
- Adaptive behavior is the effectiveness with which the
individual meets the standards of personal independence
and social responsibility expected for his or her age.
Language/Speech (LS)
Developmental or acquired impairments in the ability to
- Receive
- Send
- Process
- Comprehend
- Concepts
- Verbal, nonverbal, graphic symbol systems
Language/Speech (LS)
Language Disorders
- Form of Language
- Phonology
- Morphology
- Syntax
- Content of Language
- Semantics
- Functioning of Language
- Pragmatics
Multiple Disabilities (MD)
What is the definition of Multiple Disabilities (MD)?
Concomitant impairments;
Combination causes of severe educational needs that children cannot be accommodated in special education programs designed solely for one of the impairments;
Categories not considered to be MD:
- Deaf/Blind
- Specific Learning Disability
- Developmental Delay or
- Language/Speech
Orthopedic Impairment (OI)
What is the definition of Orthopedic Impairment?
A severe orthopedic impairment that adversely affects a child’s educational performance;
Impairments caused by a congenital anomaly (e.g., clubfoot, absence of one or more limbs);
Impairments caused by disease (e.g., bone tuberculosis or poliomyelitis); and/or
Impairments resulting from other cause (e.g., cerebral palsy, amputations, fractures, burns causing contractures).
Other Health Impairment (OHI)
What is the definition of Other Health Impairments?
Having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli resulting in limited alertness to educational environment;
Due to chronic or acute health problems such as:
- Asthma,
- Attention deficit disorder,
- Attention deficit hyperactivity disorder,
- Diabetes,
- Epilepsy, and/or
- Heart condition.
Specific Learning Disability (SLD)
What are the pre-referral requirements for SLD?
Data that demonstrates that prior to, or as part of, the referral process, the child was provided appropriate instruction in the general education setting, delivered by qualified personnel
Data-based documentation of repeated assessments of achievement in reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents
Specific Learning Disability (SLD)
When determining whether a child has a specific learning disability, public agencies:
Must first consider whether a process based on the child’s response to scientific, research-based interventions is sufficient to determine eligibility and, in addition:
May use a severe discrepancy between intellectual ability and achievement (1.5 standard deviations below the measure of intellectual ability), and/or
May use other alternative research-based procedures.
Traumatic Brain Injury (TBI)
What is the definition of Traumatic Brain Injury?
An acquired injury to the brain caused by an external physical force resulting in total or partial functional disability and/or psychosocial impairment.
TBI does not apply to brain injuries that are congenital, degenerative, or induced by birth trauma.
Traumatic Brain Injury (TBI)
What are the criteria for TBI?
Open or closed head injuries with impairments in:
Cognition
Language
Memory
Attention
Reasoning
Abstract thinking
Judgement
Visual Impairment (VI)
What is the definition of Visual Impairment?
Impairments in vision that, even with correction, adversely affect a child’s educational performance,
Includes both partial sight and blindness.
