Does Classification Matter?

Students can have an IEP for a wide array of reasons. The IDEA specifies 13 different categories of disability that can be the basis for providing IDEA services to a student. But we know that children can have more than one area of disability. We often suggest that parents think of their child's classification on their IEP as a key that unlocks the right to whatever services their child may require, whether or not those services are directly related to the classification that appears at the top of the IEP document itself.

A student with a specific learning disability can also have an attention problem, which most often falls within the Other Health Impaired (OHI) classification. Or a child with an intellectual disability may also have an orthopedic impairment and require use of a wheelchair. An IEP does not have to list more than one disability for a child to receive services for more than one disability. The only situation where more than one disability might be listed on an IEP is where a student has educational or medical needs that can't be met by a single program. 

Parents sometimes ask if it matters what classification is listed on their child's IEP. It can, but only in very limited circumstances. Non-public schools that are approved by a state to provide educational services will be limited to students that are classified as having one of the disabilities for which that school is approved. So, a child with a classification of "other health impaired" will not be sent by her school district to a school that is approved only for students with a specific learning disability.

Even in that situation, if the school is otherwise a good fit for the child, it is possible to have the student's classification modified by the IEP Team to another classification, so long as the new classification reflects the reality of the student's difficulties. 

No one likes labels, but they are part of the IDEA. Even so, their impact on the day-to-day workings of a student's IEP do not limit the services and supports that a student should receive. Of far greater importance are the special education and related services, modifications, and accommodations that are provided to each student and the goals that are set out for the student to meet.  

  

ADA Accommodations for Good Students

Almost exactly two years ago, in September 2015, we wrote a post about new guidelines from the U.S. Department of Justice, which were a response to questions about testing accommodations under the Americans with Disabilities Act (ADA). The Justice Department guidelines were very clear and set out the basic principles of the ADA and how they should be applied to testing and accommodations.

 

Still, we recently had a conversation with a private school parent where the question was raised as to whether a student who was doing well -- keeping up with class work and getting good grades -- would be entitled to testing accommodations under the ADA. So, let's look again at what the law requires, quoting directly from the Justice Department guidelines:

• "Under the ADA, an individual with a disability is a person who has a physical or mental impairment that substantially limits a major life activity (such as seeing, hearing, learning, reading, concentrating, or thinking) or a major bodily function... 

• "To be 'substantially limited' in a major life activity does not require that the person be unable to perform the activity. In determining whether an individual is substantially limited in a major life activity, it may be useful to consider, when compared to most people in the general population, the conditions under which the individual performs the activity or the manner in which the activity is performed. It may also be useful to consider the length of time an individual can perform a major life activity or the length of time it takes an individual to perform a major life activity, as compared to most people in the general population. 

• "A person with a history of academic success may still be a person with a disability who is entitled to testing accommodations under the ADA. A history of academic success does not mean that a person does not have a disability that requires testing accommodations. For example, someone with a learning disability may achieve a high level of academic success, but may nevertheless be substantially limited in one or more of the major life activities of reading, writing, speaking, or learning, because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population."

Keep in mind that the ADA is the primary disability law covering most private K-12 schools, although religious schools are exempt from the ADA. A good explanation as to how disability laws apply to private schools was prepared by the National Association of Independent Schools. 

Getting Comfortable with Uncomfortable Terminology

Christopher Webb

Families of children who struggle with learning and related issues, especially those who receive services under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973 (Section 504), encounter a great deal of unfamiliar vocabulary and acronyms. We've looked at some of those acronyms before, and will spend some time in a future blog on some vocabulary that may be unfamiliar to many parents and students.

Today, however, we are looking at three of the most difficult words that families encounter, words that tend to make both parents and students uncomfortable. By understanding these words and why they are used, we hope to make them less powerful and to enable parents to better understand what they do -- and do not -- mean when used to discuss their child.

One of these terms is co-morbid, which can sound downright, well, morbid. But this term has nothing to do with things that are scary or creepy. In fact, it is an often used medical term to describe conditions that occur together, whether or not they are caused by the same process. So, a middle-aged person who is overweight might have co-morbid high blood pressure and diabetes. The two conditions both impact the health of the individual, but each needs to be considered and treated separately, although weight loss might positively impact both conditions. Children with learning difficulties may have such co-morbid conditions as attention deficit disorder (ADD) or anxiety. If learning difficulties are addressed, the anxiety may subside. Individuals may also have other co-morbid conditions that have no particular impact on their learning -- medical conditions that need treatment but are not related to their learning and/or attention issues.

Another term families can encounter is classified, as in "we will have to have your child classified in order to provide her with services." This term comes from the way that services are provided under the IDEA; students are not eligible to receive special education and related services, supplementary aids and services, and program modifications under an IEP (Individualized Education Program) unless they fall into one of ten categories, which include things like specific learning disabilities, speech or language impairments, or hearing impairments. We often tell parents to think of a classification as a key; it is simply a way to access services and it usually doesn't matter what classification is used (and classification categories can be changed), since the services provided to a classified student are supposed to be unique to that student's individual needs.

Finally, the one term that makes parents most uncomfortable is disability. We don't like it either, but many parents need to deal with it since it is used throughout every law that provides the basis of services to children of all ages who are experiencing challenges with learning or related issues, and that allows older students and adults access to accommodations (such as extended time on the SATs, text-to-speech software provided by their college, or job modifications in the workplace) throughout their lifetime. While the IDEA looks to its classifications to decide what is a disability, the Americans with Disabilities Act (ADA) takes a more functional approach, looking at the impact of "a physical or mental impairment that substantially limits one or more major life activities" and then very broadly explaining that "major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working." No matter how you or your student encounter the word "disability" it's important to keep in mind that this term is just Congress's way of setting up a plan to decide who is eligible for services and accommodations. Don't let it define how you or your child view his unique combination of strengths and challenges.