January 2008 - Specific learning disability eligibility (need for special education services)

Case of the Month: Hood v. Encinitas Union School District

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After an evaluation, the eligibility team found this fifth grade student did not have a specific learning disability under the IDEA. Despite possible discrepancies between ability and achievement, the student was generally performing at grade level and did not demonstrate a need for special education services (The court notes that the student did receive a D+ (performance) and S- (effort) for spelling in fourth grade, but these were exceptions.) Likewise, while the student did have some medical issues and may have met the disability criteria for other health impaired, she did not need special education services under that category either. The accommodations provided under a 504 plan in the regular classroom were adequate to address the student's needs such that she was benefitting from the general curriculum. Hood v. Encinitas Union School District, (9th Circuit, April 9, 2007, amended May 11, 2007).

Here, the court said "it is appropriate for courts to determine if a child classified as non-disabled is receiving adequate accommodations in the general classroom - and thus is not entitled to special education services - using the [Rowley] benefit standard." Grades and teacher assessments are important in determining whether a child with a discrepancy is "reaping some educational benefit in the general classroom".

Lesson learned: While the circumstances in this case arose before the IDEA 2004 amendments (and also involved specific California law), many school districts are still implementing a modified discrepancy formula as part of a "strengths and weaknesses" model. Every eligibility determination is a three-pronged decision - whether the student meets the state's disability criteria, whether the disability is adversely affecting the student's education, and whether, as a result, the student needs special education services. Hood v. Encinitas involves the third prong of this determination and supports looking at a student's classroom performance (whether the student is benefitting without special education), rather than just looking at standardized test scores, to determine whether special education services are needed.