Making Eligibility Determinations
Case 1
Before the significant behavioral challenges, Culley was an above-average student who scored B’s and C’s on most of his content areas. However, Culley has seen a drastic change in his emotional response, which has caused problems both at home and school. As per the psychological tests done by the school, Culley might have an oppositional defiant disorder. The diagnosis is supported by both the parents and teachers who have observed Culley’s change hence the subsequent evaluation for special education services. As per Section504, Culley’s oppositional defiant disorder can be classified as a mental impairment as it limits his school life (Martín 2). As such, Culley qualifies for an Education Evaluation to determine his eligibility for the special education program.
First, the school has evaluated Culley, and the results show that he has a psychological disorder. Moreover, the requests have come from the parents, teacher recommendations, and school counselors. As a result, we can rule out truancy as a symptom of his drastic emotional change. Second, the psychological disorder will cause negative consequences if left untreated. For example, Culley’s grades will see a constant drop, and his defiant attitude will cause problems in society. If left unchecked, Culley will be a less productive member of the community, and it is more likely that defiant emotional response will affect him and those around him.
Hence Culley qualifies for an Individualized Education Plan (IEP) since his impairment negatively affects his ability to receive educational restrictions. However, Culley also qualifies for special education under Section 504, but the program is not recommended as it does not have specialized services that can improve mental health. The special education under IEP is the best solution to Culley’s as the services provided are enough to help with his psychological impairment.
Case 2
After the accident, Karen’s lower-body became temporarily disabled. As a result, Karen uses a wheelchair to navigate in school and at home. Her parents have applied for special education services to help provide better education for their daughters. In Karen’s circumstances, the eligibility requirements determine how using the wheelchair has impacted her social life. It is a fact that Karen is disabled at present, and under Section 504, her physical impairment qualifies her for the special education program (Martín 3). However, it is also correct that Karen’s impairment has not affected her ability to function at home and school. Other than her lower body being disabled, Karen’s grades are above average, and a lack of teacher’s recommendations means that her school work meets the optimal standard.
Karen’s parents only applied for the special needs program to help their daughter get services for “disabled students.” However, Karen’s condition does not meet the requirement under the IEP and Section 504. First, while Karen is disabled, her weekly therapy sessions mean that she has a high possibility of regaining her lower body mobility. Second, Karen’s condition has not had any psychological effects in school and at home. In school, she is a model student and performs at optimal students. While at home, her parents have not complained about any changes in her behavior. Hence, Karen doesn’t fit for the IEP since her impairment has not impacted her ability to receive academic instructions. However, Karen meets some requirements for section 504, but a lack of medical diagnosis to support a permanent disability status limits her chances of entering the program. Altogether, Karen is not eligible for special education under the IEP and section 504.
Case 3
Gabino’s psychological diagnosis suggests that he has a learning disability in reading and writing. Overall, Gabino is good math and social studies and only struggles when it comes to English. According to the school counselor, Gabino works hard, and his only impairment is that he cannot keep up with the pace of the teacher during regular class time. As such, Gabino qualifies for special education under section 504. First, his learning disability affects his ability to perceive academic instructions and restricts his attention during English class. When it comes o reading and writing, Gabino is slower than the rest of the students. It is not that he is dumb, but rather it is the teacher who moves too fast. As such, Gabino needs an environment where the teacher can move at his pace. Mainly during English lessons. From the math and social studies grade, it is evident that Gabino can improve his grade if provided with the best learning environment.
A 504-accommodation plan is the best solution as will offer Gabino with an equal educational opportunity that can increase his understanding of the English subject. Moreover, the teaching faculty and medical evaluation support his learning impairment, which adds credibility to his eligibility for special education under section 504. Furthermore, the battery tests were thorough and showed Gabino struggles with organizational skills and had difficulty with auditory processing. As such, Gabino qualifies for special education under the third requirement of section 504 (Martín 2).
Works Cited
Martín, Jose L. “Determining eligibility under Section 405: Fundamentals and new challenge areas.” The Council of Educators for Students with Disabilities, Inc (2010): 1-12.