Section 's definition of a student with a disability does not exclude users of alcohol. However, Section allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section begins with the evaluation process. Section requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured.
Section also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient.
The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel. At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options.
The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered.
These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section What process should a school district use to identify students eligible for services under Section ?
Is it the same process as that employed in identifying students eligible for services under the IDEA? School districts may use the same process to evaluate the needs of students under Section as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section , they must follow the requirements for evaluation specified in the Section regulatory provision at 34 C.
May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section ? As of January 1, , school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using.
This is a change from prior law. In the Amendments Act see FAQ 1 , however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability. Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity.
Does OCR endorse a single formula or scale that measures substantial limitation? The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. Are there any impairments which automatically mean that a student has a disability under Section ? An impairment in and of itself is not a disability.
The impairment must substantially limit one or more major life activities in order to be considered a disability under Section Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE? A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity.
Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.
Does a medical diagnosis of an illness automatically mean a student can receive services under Section ? A medical diagnosis of an illness does not automatically mean a student can receive services under Section The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.
How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight? The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized.
All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members.
The weight of the information is determined by the committee given the student's individual circumstances. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act IDEA , but demands a Section plan for a student without further evaluation? A school district must evaluate a student prior to providing services under Section Section requires informed parental permission for initial evaluations.
If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.
Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section ? If a parent disagrees with the determination, he or she may request a due process hearing. Once a student is identified as eligible for services under Section , is there an annual or triennial review requirement? In addition. For more information, please visit www. The information within this article is not, nor is it intended to be, legal advice.
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Post comment. One example is occupational therapy. Some might get supports for social and emotional challenges. Unlike accommodations, modifications do change what a student is taught or is expected to learn. Students might get fewer homework assignments, for instance. Or they may be graded in a different way than their classmates. Learn about the difference between accommodations and modifications. Read about behavior intervention plans that can be part of plans.
Find out if a plan can include a transition plan to prepare kids for adulthood. The process for getting a plan is different, and simpler, than the process for getting an IEP. But it varies from school district to school district. But many do. Read five things a mom learned from the plan process. With plans, schools look at information about a student from a few different sources.
One source might be a medical diagnosis. This person may also be the IEP coordinator. The request must be in writing. The school will then hold a meeting to decide if the child qualifies and what supports are appropriate. To be in compliance with Section , schools including Charter Schools must:. Each school and school district should have a coordinator. A Section Team can be used. Another recommended practice that has worked for many schools is the Teacher Assistance Team interventions team or pre-referral team as the Section team or committee.
Accommodations are made by the classroom teacher s and other school staff to help a student benefit from an educational program. In some cases, a written plan will be developed outlining accommodations. Does not require a written plan but does require written documentation that services were provided. Requires the school to provide reasonable accommodations, supports and auxiliary aides. Most questions and concerns can be handled at this level; if you need more assistance the Utah Parent Center has several resources available to you.
Several internet resources are also listed at the top of this page that may help answer your questions.
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