By Theresa Kraft, Esq.
The Individuals with Disabilities Education Act and the NH Rules for the Education of Children with Disabilities have defined a child with a disability as:
• a child evaluated in accordance with IDEA as having
o mental retardation,
o a hearing impairment (including deafness),
o a speech or language impairment,
o a visual impairment (including blindness),
o a serious emotional disturbance (referred to in this part as “emotional disturbance”),
o an orthopedic impairment,
o autism,
o traumatic brain injury,
o an other health impairment,
o a specific learning disability,
o deaf-blindness, or
o multiple disabilities,
• and who, by reason thereof, needs special education and related services.
The disability categories are also defined within the law and in most cases the educational definition is not the same as a medical diagnosis.
For example the evaluations considering eligibility under Emotional Disturbance would not include diagnoses from the DSM-IV, but rather
• a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
o An inability to learn that cannot be explained by intellectual, sensory, or health factors.
o An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
o Inappropriate types of behavior or feelings under normal circumstances.
o A general pervasive mood of unhappiness or depression.
o A tendency to develop physical symptoms or fears associated with personal or school problems.
Notice there is no need for an underlying diagnosis such as depression or mood disorder.
It is important to remember that a medical diagnosis does not automatically qualify a child for special education. Even if a child has a medical diagnosis, the evaluations and team have to determine that because of the disability the child requires special education and related services. Special education is defined as specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability. Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child’s disability and to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.
Attorney Theresa Kraft guides parents of children with disabilities through the special education process. This article also appears on Attorney Kraft’s website.
Tags: NH, Special Education Law, Theresa Kraft