Eligibility under Individuals with Disabilities Education Act (IDEA)
A child is eligible for services under IDEA if that child is diagnosed with an enumerated disability that adversely affects his or her educational performance and by reason thereof needs special education. Read “Who is Eligible under the IDEA” (law review article to be emailed by instructor to students). In a 3-5 page paper discuss the various interpretations of the above underlined language. What are the consequences of the varying interpretations? What do the cases Yankton School District v. Schramm, 93 F.3d 1369, and Doe v. Board of Education of the State of Ct., 753 F.Supp 65, (cases are attached and follow in this Assignments Section) add to your analysis?
Sample Answer
Understanding “Adversely Affects Educational Performance” Under IDEA
The Individuals with Disabilities Education Act (IDEA) provides crucial protections and services for children with disabilities. A key element of IDEA eligibility is the requirement that the child’s disability must “adversely affect educational performance.” This seemingly straightforward phrase has been subject to varying interpretations, leading to significant legal and practical consequences.
Interpretations of “Adversely Affects Educational Performance”
- Strict Interpretation: Some interpretations focus narrowly on academic performance, such as grades, test scores, and classroom behavior. This approach may exclude children with disabilities whose educational performance is not significantly impaired in these traditional measures, even if their disability significantly impacts their ability to learn and participate fully in the educational environment.