...Getting into
the Special Education System...
STARTING THE REFERRAL PROCESS
A special education
referral is a written statement that a child/student has a suspected disability that
interferes with learning. Anyone who is concerned, including parents, or representatives
of other agencies, may refer a person suspected of having a disability. In most cases,
this referral will be handled at the local school level. All referrals must be made in
writing.
Within ten (10) calendar days of receipt of the referral, the school district shall notify
you in writing and request your permission to evaluate your child. This notice must be in
your native language or other principal mode of communication, and must be understandable
to you. In addition, this notice needs to describe the suggested action and explain why an
evaluation is proposed.
You should respond to this request to evaluate within seven (7) calendar days, because the
school district cannot proceed with the evaluation without your written consent. If you
decline permission to evaluate your child, the school district may request a due process
hearing to appeal your refusal.
TYPES OF DISABILITIES
Autism
- A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, that adversely affects a child's educational performance. Characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. (Diagnosis to be made by a clinical psychologist or developmental pediatrician.)Developmental Delay - The learning
capacity of a young child (3-9 years old) is significantly limited, impaired, or delayed
and is exhibited by difficulties in one or more of the following areas: speech, receptive
and/or expressive language; cognitive abilities; physical functioning; social, emotional,
or adaptive functioning; and/or self-help skills.
Intellectual Impairment - The permanent capacity for performing cognitive tasks, functions, or problem solving is significantly limited or impaired and is exhibited by more than one of the following: a slower rate of learning; disorganized patterns of learning; difficulty with adaptive behavior; and/or difficulty understanding abstract concepts. Such term shall include students with mental retardation.
Communication Impairment
- The capacity expressive and/or receptive language is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: speech, such as articulation and/or voice; conveying, understanding, or using spoken, written, or symbolic language. Includes student's educational performance. (Determination to be made by a speech and language pathologist.)
- Emotional Impairment - The term means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance.
- An inability to learn that cannot be explained by intellectual, sensory, or health factors.
- An 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.
- The term includes schizophrenia. The term does not apply to children who are socially maladjusted unless it is determined that they have an emotional disturbance.
Health Impairment
- A chronic or acute health problem such that the physiological capacity to function is significantly limited or impaired and results in one or more of the following: limited strength, vitality or alertness including a heightened alertness to environmental stimuli resulting in limited alertness with respect to the educational environment. The term shall include health impairments due to asthma, attention deficit disorder or attention deficit with hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia, if such health impairment adversely affects a student's educational performance.
Neurological Impairment - The capacity of the nervous system
is limited or impaired with difficulties exhibited in one or more of the following areas:
the use of memory, the control and use of cognitive functioning, sensory and motor skills,
speech, language, organizational skills, information processing, affect, social skills, or
basic life functions. The term includes students who have received a traumatic brain
injury.
Physical Impairment - The physical capacity to move,
coordinate actions, or perform physical activities is significantly limited, impaired, or
delayed and is exhibited by difficulties in one or more of the following areas: physical
and motor tasks; independent movement; performing basic life functions. The term shall
include severe orthopedic impairments or impairments caused by congenital anomaly,
cerebral palsy, amputations, and fractures if such impairment adversely affects a
student's educational performance.
Sensory Impairment - The term shall include the following:
- Hearing - The capacity to hear, with amplification, is limited, impaired, or absent and results in one or more of the following: reduced performance in hearing acuity tasks; difficulty with oral communication; and/or difficulty in understanding auditorally-presented information in the education environment. The term includes students who are deaf and students who are hard-of -hearing.
- Vision - The capacity to see, after correction, is limited, impaired, or absent and results in one or more of the following: reduced performance in visual acuity tasks; difficulty with written communication; and/or difficulty with understanding information presented visually in the education environment. The term includes students who are blind and students with limited vision.
- Deaf-Blind - Concomitant hearing and visual impairments, the combination of which causes severe communication and other developmental and educational needs.
Specific Learning Disability - The term means a
disorder in one or more of the basic psychological processes involved in understanding or
in using language, spoken or written, that may manifest itself in an imperfect ability to
listen, think, speak, read, write, spell, or to do mathematical calculations, including
conditions such as perceptual disabilities, dyslexia, and developmental aphasia.