Every so often the government takes a powerful stance on the side of the less powerful. January 21, 2011 was one of those moments. On that date the United States Department of Education released a memo to the State Directors of Special Education stating that schools cannot deny or delay a parent's request for a psycho-educational evaluation of their child if the parent and the school believe that the child may be eligible for special education services. It is pretty unusual for the US Dept. of Ed to issue a memo like that, and it must be that my experience in [...]
This issue is really getting to me lately. It seems I have several clients right now who have bright kids who are perfectly capable of doing well in a general education classroom but for their behavior problems. The schools I'm dealing with often want to transfer the kids to special education classrooms which are exclusively for kids with "emotional or behavior disorders" or to another type of classroom purely for kids in special education, such as a class for kids with Autism Spectrum Disorders (ASD). "EBD" or Other Self-Contained Classrooms EBD classrooms are generally "self-contained" that means that they have only special education students [...]
Starting now it will be much harder (in fact, I think nearly impossible in Florida)to get your learning disabled ("LD") child special education services. That said, special ed services historically haven't helped LD kids very much. So, let's hope these changes are all for the good. Children with behavior problems may not receive special ed services as easily as before either.
RtI is a 3-tiered process of increasingly intensive research- based instruction which is part of federal law (IDEA 2004). At the end of the process (Tier 3), students who are still struggling in reading, math and/or behavior will be eligible for special education services (an "IEP"). The theory of RtI, which is to catch struggling students early and provide high quality research-based instruction, is great.