At times we may see our children struggling in school whether behaviorally, social-emotionally, or academically and as parents, want to be proactive. However, we find that rather than schools providing special education services they are discussing things like providing services within the general education classroom and through Response to Intervention (RTI) before they consider testing for special education services. Responses like this sound like a “wait to fail” mentality and may end up leaving parents feel dismissed and frustrated. Some families will then choose to seek a private evaluation, typically conducted by a neuropsychologist, which will include recommendations for the school. Then if the evaluation confirms that the child has a disability, it is taken to the school, where sometimes it’s streamlined, and your child is able to receive services through an Individualized Education Plan (IEP). However, there are times when not, which leads to more frustration, and parents are left wondering why.
To start, it’s important to remember that schools have their own rules and regulations that they have to abide by before they consider testing or discussing eligibility for special education services. To help us understand the process better it is important to look at what special education is looking for when determining eligibility for services through an IEP. New Jersey public schools are looking at the three prongs of special education which include: 1) the child has a disability, 2) the disability adversely effects their educational performance, and 3) the child needs special education services (i.e. modifications, special classroom, related services, etc.) in order to make progress.
When thinking about what classifies as having a disability, it’s important to remember that schools are not held to the same diagnostic criteria that professionals are held to in the medical world. Neuropsychologists and psychologists follow a diagnostic book called the ICD or DSM-V-TR which lays out their diagnostic criteria. In regard to eligibility for special education services, schools in New Jersey must follow New Jersey special education law through the state, which is called N.J.A.C. 6A:14, Special Education. This law includes 13 eligibility categories that a child can fall under, and while some diagnoses and criteria have the same guidelines, other’s do not, and your child study team (who writes the IEP) has to abide by these 13 categories.
Next, let’s look at what is meant by “adversely” effects. For example, a child may have a disability such as Autism or Attention-Deficit Hyperactivity Disorder, but there is no educational impact. What does this mean? It means your child is preforming where they should be academically. If this is the case, having a disability alone would not allow for your child to receive special education services. NJ law states that we have to abide by Least Restrictive Environment (LRE). LRE states that children are required to be educated with nondisabled peers to the maximum extent possible. This means that they are not pulled out for services if they are able to meet success in the classroom, which is why schools work to provide services within the general education setting before they consider special education services.
Finally, in order to be eligible for an IEP, a child must meet the above and also need special education services. This may include a need for a special education teacher in the larger room , a special education classroom, or it may include related services such as occupational therapy, counseling, or speech therapy services. If a child meets the above but does not need specialized services, they would not meet eligibility for an IEP. However, if they need accommodations in the classroom alone and meet the first two prongs, they could be eligible for a 504 plan. A 504 plan also provides services to children with disabilities that may not need as intensive supports in the classroom.
Although receiving an outside evaluation is beneficial for schools to better understand your child and see what their needs are, it does not guarantee services. In summary, it comes down to the fact that the medical world and school world do not abide by the same guidelines. Schools are required to follow their specific laws when looking at eligibility, and while they may consider outside evaluations, they do not have to follow them. With this said, it is important to know your rights as a parent. Ultimately, comprehensive neuropsychological examination will provide objective data to better understand your child, provide accurate diagnosis, and provide direction for your child’s specific needs.
If you have any questions, please call our office.
Angela Raghib, PsyD
NJ temporary permit, # 253-017
Psychology Post-Doctoral Fellow