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From the National Information Center for Children and Youth with Disabilities


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Jill Escher's
Resources

Autism Law
Federal and CA State
Special Education Law
10/04
Download [PDF]
   
Parents Helping Parents

ASA Lecture,
9/04
Download [PDF]    

What Parents Need to Know about Special Education Law

9/04
Download [PDF] [DOC]

Educating Children with Autism
National Academy of Sciences   2001 Download [PDF]


Jill Escher
escherlaw@yahoo.com


 
 
Learning Disabilities


What are Learning Disabilities?

Learning disability is a general term that describes specific kinds of learning problems. A learning disability can cause a person to have trouble learning and using certain skills. The skills most often affected are: reading, writing, listening, speaking, reasoning, and doing math.

Learning disabilities (LD) vary from person to person. One person with LD may not have the same kind of learning problems as another person with LD. Sara, in our example above, has trouble with reading and writing. Another person with LD may have problems with understanding math. Still another person may have trouble in each of these areas, as well as with understanding what people are saying.

Researchers think that learning disabilities are caused by differences in how a person's brain works and how it processes information. Children with learning disabilities are not "dumb" or "lazy." In fact, they usually have average or above average intelligence. Their brains just process information differently.

The definition of "learning disability" just below comes from the Individuals with Disabilities Education Act (IDEA). The IDEA is the federal law that guides how schools provide special education and related services to children with disabilities. The special help that Sara is receiving is an example of special education.

There is no "cure" for learning disabilities. They are life-long. However, children with LD can be high achievers and can be taught ways to get around the learning disability. With the right help, children with LD can and do learn successfully.

IDEA's Definition of "Learning Disability"

Our nation's special education law, the Individuals with Disabilities Education Act, defines a specific learning
disability as . . .

". . . a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia."

However, learning disabilities do not include, "…learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage." 34 Code of Federal Regulations §300.7(c)(10)

What are the Signs of a Learning Disability?

There is no one sign that shows a person has a learning disability. Experts look for a noticeable difference between how well a child does in school and how well he or she could do, given his or her intelligence or ability. There are also certain clues that may mean a child has a learning disability. We've listed a few below. Most relate to elementary school tasks, because learning disabilities tend to be identified in elementary school. A child probably won't show all of these signs, or even most of them. However, if a child shows a number of these problems, then parents and the teacher should consider the possibility that the child has a learning disability.

When a child has a learning disability, he or she:

* may have trouble learning the alphabet, rhyming words, or connecting letters to their sounds;
* may make many mistakes when reading aloud, and repeat and pause often;
* may not understand what he or she reads;
* may have real trouble with spelling;
* may have very messy handwriting or hold a pencil awkwardly;
* may struggle to express ideas in writing;
* may learn language late and have a limited vocabulary;
* may have trouble remembering the sounds that letters make or hearing slight differences between words;
* may have trouble understanding jokes, comic strips, and sarcasm;
* may have trouble following directions;
* may mispronounce words or use a wrong word that sounds similar;
* may have trouble organizing what he or she wants to say or not be able to think of the word he or she needs for writing or conversation;
* may not follow the social rules of conversation, such as taking turns, and may stand too close to the listener;
* may confuse math symbols and misread numbers;
* may not be able to retell a story in order (what happened first, second, third); or
* may not know where to begin a task or how to go on from there.

If a child has unexpected problems learning to read, write, listen, speak, or do math, then teachers and parents may want to investigate more. The same is true if the child is struggling to do any one of these skills. The child may need to be evaluated to see if he or she has a learning disability.

What About School?

Learning disabilities tend to be diagnosed when children reach school age. This is because school focuses on the very things that may be difficult for the child — reading, writing, math, listening, speaking, reasoning. Teachers and parents notice that the child is not learning as expected. The school may ask to evaluate the child to see what is causing the problem. Parents can also ask for their child to be evaluated.

With hard work and the proper help, children with LD can learn more easily and successfully. For school-aged children (including preschoolers), special education and related services are important sources of help. School staff work with the child's parents to develop an Individualized Education Program, or IEP. This document describes the child's unique needs. It also describes the special education services that will be provided to meet those needs. These services are provided at no cost to the child or family.

Supports or changes in the classroom (sometimes called accommodations) help most students with LD. Assistive technology can also help many students work around their learning disabilities. Assistive technology can range from "low-tech" equipment such as tape recorders to "high-tech" tools such as reading machines (which read books aloud) and voice recognition systems (which allow the student to "write" by talking to the computer).

It's important to remember that a child may need help at home as well as in school.

Your child’s special education needs are determined on a case-by-case basis. The Law Offices of Jack H. Anthony can provide you with the legal representation you need when dealing with the school so your child receives the best possible individualized education plan.

 
QUESTIONS  
& ANSWERS
Q
What is special education?
A
Special education is defined as instruction that is..
Q
What are related services?
A
Related services
are defined in the regulations as..
Q
What is the first step in obtaining special education and related services?
A
Before a child with a disability can receive special education and related services for the first time,...
Q
Will Special Education/Early Intervention Help
My Child?
A
Special education is instruction that
is specially
designed ...
Q
What is an Individualized Education Program (IEP)?
A
An IEP is a written statement for a child with a disability...
Q
Who develops my child's IEP?
A
Many people come together to develop your child's IEP...
Q
What are the purposes of the IDEA?
A

The major purposes  of  the IDEA are:...

Q
What is a free appropriate public education?
A
Under the law, a free appropriate public education (FAPE) means special education and related services that:...
Q
How Is My Child Found Eligible for Special Education?
A
The process by which achild is found eligible for special education services is..
Q
Who is eligible for services under the IDEA?
A
The regulations for IDEA define a "child with a disability" as...
Q
Do the parents have to pay for the related services the child receives?
A
No. School districts may not charge parents of eligible students... .
Q
Who provides related services?
A
Providers of related services in the schools typically include...