How My Boy Kicked Autism
Chapter 11 School District Eligibility
My Boy Blank- Still 35 months
When a child in California turns 3, The Department of Education becomes financially responsible for the academic portion of a child’s program until age 22. If there is a determination of eligibility over age 3, the Regional Center is responsible for the non-academic portion of a child’s program, for as long as the child is eligible. Compulsory education laws do not start until age 6 so if the District determines that Blank is not school ready, services could be provided in the home at District expense.
In addition to being Regional Center eligible, Melanie also thinks that you will be eligible for special education services from the District.( see District transcript: IDEIA) While this seems like promising news, she cautioned me that just because you meet the eligibility criteria, (see District transcript: Eligibility Criteria) the school district only has to provide you a basic floor of opportunity and that I am pretty likely to disagree with what their vision of appropriateness is for you. Not surprising given that none of them have ever even met you. I suppose they will soon enough.
District Transcript
IDEA
School districts in California are mandated by the Individuals With Disabilities Improvement Act (IDEIA), Part B which became effective in October of 2006. The IDEA was originally enacted in 1975 and renamed and drafted for adoption in 1997, and then re-authorized in 2004.
In exchange for federal funding, IDEIA requires that an Individualized Education Plan (IEP) to provide a Free Appropriate Public Education (FAPE)in the Least Restrictive Environment (LRE) for children with disabilities be in place prior to a child’s third birthday. Special Education service eligibility can continue through age 22 in some cases.
Eligibility Conditions:
Qualifying disabilities for special education eligibility are: Hearing impaired; Both hearing and visually impaired;
Speech or language impaired; Visually impaired;
Severely orthopedically impaired; Impaired in strength, vitality, or alertness due to chronic or acute health problems (other health impaired); Exhibiting autistic-like behaviors; Mentally retarded; Seriously emotionally disturbed; Learning disabled; Multiple disabilities; and
Traumatic brain injury.
[34 C.F.R. Sec. 300.7; 5 C.C.R. Sec. 3030.]
FAPE
FAPE10 is defined as an educational program that is individualized to a specific child, designed to meet that child’s unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit.11 To provide FAPE to a child with a disability, schools must provide students with an education, including specialized instruction and related services, that prepares the child for further education, employment, and independent living. [20 U.S.C. §1400(c)(5)(A)(i)]
Educational Benefit
Educational Benefit is interpreted differently in case law. In my experience, progress is used as a measure but since it is not defined, that means that as long as a child makes one day worth of progress in a year’s time, the District has met its legal burden.
For More Information
http://www.pai-ca.org/PUBS/504001SpecEdIndex.htm (revised 2005)