Answer:
I have several responses to the
plight you describe.
1. I wonder if the student might qualify for
services through Section 504 even if the school administration
is
right (see below) in concluding that he does meet the IDEA
eligibility requirements. Section 504 (The Rehab Act of 1973)
requires schools who receive federal funds to accommodate
students who have disabilities. All school districts are
required to have procedures in place to determine 504
eligibility, and many school districts adapt or modify their
IDEA rules and procedures to regulate whether, when and how 504
accommodations are provided. Perhaps his parents should
consider making a formal request for 504 services through the
school system's designated 504 officer.
2. I wonder if the student might qualify for IDEA
eligibility under IDEA's "otherwise health impaired" provision.
From what you describe, it seems one could make a strong
argument that the student's Lupus condition:
A. Has limited his strength vitality or
alertness;
B. Is due to his chronic or acute health
problem of Lupus; and
C. Adversely affects his educational
performance.
3. I question whether the school district has
complied with IDEA 97 and its regulations regarding the
processing of requests for determinations of IDEA eligibility.
You describe a situation that suggests that school officials
informally rejected an informal request on the student's behalf
for IDEA services. IDEA 97 allows either parents or school
personnel to initiate the formal process to determine whether a
student qualifies for and should receive IDEA services. Once the
school receives a formal request for evaluation, the law and the
regs state the process to be followed to determine the student's
eligibility. If the end decision is that the student is not
eligible for services, the parents have appeal rights, and IDEA
also emphasizes using mediation to resolve disputes. I wonder if
the school district's first "informal" rejection might not be
changed if the formal eligibility determination process is
followed. Getting school district evaluators and professionals
involved in assessing the student's conditions and needs might
also lead to a consensus that certain available school services
can and should be provided, even if everyone ultimately agrees
that the student is not eligible for IDEA services.
4. Your email also suggests to me that the school's
rejection of the IEP process might be based more on what
services the school normally provides, rather than considering
the student's condition and needs. In other words, the school
might be saying in essence that "it doesn't matter if [the
student] is IDEA eligible or not, because we don't provide such
services even to students who are IDEA eligible." I would not
find that to be an acceptable explanation. IDEA and Section 504
both require that services be provided based on and consistent
with the student's educational needs and as required to meet the
student's goals and objectives. If the student's needs are
identified, the school cannot abrogate its obligation to provide
the services required to meet those identified needs by saying
"we don't have a program like that here," or "we don't do that
here."
5. The parents might benefit from a referral to the
state parent training center or protection and advocacy system.
These agencies might (should) be able to provide the parents
with information about student eligibility for IDEA or Section
504 services, and how to apply for those services. If you
want to email me privately to tell me the state you are in, I
can give you the current contact information for the state PTC
and P&A agencies. You also can suggest the parents visit the
Bridges4Kids website at
www.bridges4kids.org. The website contains copies of
sample letters requesting initial IDEA and 504 evaluations and
other letters that might be necessary as the process goes
forward.
Again, thank you for going to bat for this student. Let me know
if I can offer any help.
Tricia Luker
www.bridges4kids.org
A thank you for the
teacher who submitted this question to Tricia -
"I admire your commitment to your
students. You are being a great advocate for this young man.
Thank you for your willingness to go the extra mile."
A Concerned Teacher
