One of the thorniest issues for advocates is the question as to whether children with passing, or even excellent grades (gifted) can at the same time have an educational disability. I have dealt with this issue many times over the years and have come to understand that the problem arises from how school's tend to define the word "education." Almost unanimously schools define education as synonymous with academic.
The problem arises for language in the law which requires for IDEA eligibility not only a disability, but also that the child "by reason thereof requires specially designed instruction." Schools have interpreted this to mean that not only does the child have to have a disability, but that the disability must have a negative impact on the child's education, e.g. academics.
Parents, however, and thankfully the courts have defined "education" in a much broader way. The courts have been fairly consistent in defining education as including not only academics, but also social skills, emotional well-being, and appropriate behavior. If a child has difficulty making reasonable progress in any of those domains, then the child's disability is considered to have the required negative impact on the child's education.
Rather than write a long essay here, I feel that it would be most useful to post some material that I have collected over time. If the advocate reads these materials, he/she will have a relatively firm understanding of the issues and the good arguments for obtaining IEPs for children with disabilities and good academic records.
A letter to a school board attorney:
This is an actual (redacted) letter to a school board attorney, discussing the eligibility issue relative to a child with passing grades, but a severe emotional disability. In reviewing this letter you will have insight in how an attorney/advocate might approach this issue with a school district. Although this letter was signed by me, it was actually researched and drafted by Claudia Roberts, a senior advocate with my office Special Education Law and Advocacy.
Manatee County Due Process & Fed District Court Case
I am placing this document next because it is the most relevant Florida Case on the subject. This case involved a young man with ADHD. While he made good grades, he was frequently in trouble for his impulsivity, hyperactivity, and lack of focus and attention to task. The hearing officer made it clear that the fact that the child had a Section 504 plan did not prevent the child from having an IEP. He noted that they were two different laws. He went on to find that the child was eligible for an IEP.
Maine Fed. Dist. Ct.Case - Aspergers
This case involves a child with Aspergers. The federal district court in Maine found that the child was eligible for an IEP despite the fact that he makes good grades.
A collection of other relevant documents:
Letter to anonymous
Letter to Clark
Fenton
Lybarger
