Professor Wendy Hensel

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Eligibility and Identity Under the IDEA
Professor Wendy Hensel Center for Research on
Atypical Development Learning Georgia State
University February 16, 2007
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Increase in Special Education
Gwinnett County, 1998-2005
National Average Ages 6-21 1994/95-1998/99
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Growth in Education Expenditures, School Years
1994/95 1998/99
Source Center for Special Education Finance,
2004
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Rising Numbers, Rising Controversy
Transfer of Wealth Away from General Student
Population
Manipulation of System by Educated Affluent
Parents
Failure of the Public Schools Generally
Reflection of Racial Prejudice
Failure to serve the truly disabled
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Who is a Child with a Disability?
20 U.S.C. 1401(3)(a) A child with
(1) An enumerated impairment which
(2) adversely affects educational
performance, resulting in
(3) a need for special education
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Enumerated Impairments
Categorical Lists
Most Challenged OHI, SED, SLD
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Serious Emotional Disturbance
a condition exhibiting one or more of the
following characteristics over a long period of
time and to a marked degree that adversely
affects a childs educational performance

• An inability to learn that cannot be explained
  by
• intellectual, sensory or health factors

(B) An inability to build or maintain
satisfactory interpersonal relationships
with peers and teachers
(C) Inappropriate types of behavior or feelings
under normal circumstances
(D) A general pervasive mood of unhappiness or
depression
(E) A tendency to develop physical symptoms or
fears associated with personal or school
problems.
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Specific Learning Disability Statute
a disorder in one or more of the basic
psychological processes involved in
understanding or in using language, spoken or
written, which disorder may manifest itself in
the imperfect ability to listen, think, speak,
read, write, spell, or do mathematical
calculations.
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Specific Learning Disability Regulations
Pre-2004 Severe Discrepancy Standard
Post-2004 Scientific, Research Based
Intervention (RTI Standard)
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Trends in Eligibility
Adverse Effect and Needs Special Ed
Total Academic Failure
Educational Performance Academic Only
Special Ed Accommodations Not Common
In General Ed
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Shifting Eligibility Standards
The IDEA Normalizing Disability
Setting the Threshold at Severe
Disabilities
Reinforces Imagery of Disability in Medical
Model
Establishes the Predominance of
Self- Contained Classrooms
Increases Stigma and Hostility
Toward Disability
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Case Example Massachusetts
Early 1990s Low Thresholds High Numbers
Backlash Tightened Eligibility Funding
Formula
Result
Less than 1 Decrease in Eligibility 20 Increase
in Costs
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Allocating Scarce Resources The Problem
of Line Drawing
Eligibility Team Must Use A Variety of
Assessment Tools Strategies
Labels Do Not Control Educational Needs
The Myth of the Wealthy Parent
Debate Should Focus on Scope of Services, Not
the Severity of Disability
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Stigmatization The Problem of Harassment
Self Esteem
Problem is Not Created by Legal Identification
Underlying Conduct Must Be Addressed
The Problem of Self-Contained Classrooms
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The Problem of Over-Identification
Focus is on Identification rather
than Placement
Highlights the Need for Federal Monitoring
and Enforcement
Emphasis Must Return to Service Delivery
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Sharing the Short Bus Eligibility and Identity
Under the IDEA Hastings Law Journal (June 2007)