Part 4: Eligibility categories
Why are there both federal and state rules about special education?
In the Individuals with Disabilities Education Act (IDEA, 2004) the federal government gives “big picture” guidelines about special education. Within IDEA guidelines, states create their own administrative rules for things like evaluation, eligibility, and ways of providing services. These are reviewed and amended frequently. In fact, IDEA has been amended several times since its inception in 1975 as the Education for All Handicapped Children Act (Public Law 94-142). States may offer to provide more services to students than the federal law requires, but not fewer.
More information about special education law at: http://idea.ed.gov/
Under what circumstances would the eligibility be SLD or OHI?
Based upon a comprehensive evaluation, the eligibility team, including parents, makes the decision as to the most appropriate category of disability.
Is TBI a primary eligibility category? Can it be added as a secondary eligibility?
TBI is often determined to be the primary eligibility category, since it can affect several different aspects of a child’s performance, including learning, memory, language, behavior, sensory, and motor areas. If the child’s primary disability is TBI, there is no need to also have a secondary eligibility of “learning disability.” TBI can result in learning problems since it can affect many areas of the child’s functioning. TBI can be a secondary eligibility if the specific criteria are met, and the team feels that another disability category is more appropriate for the child.
Does the type of eligibility a student has influence the type of services he receives?
No. Regardless of the eligibility category, a student must receive an individual education plan (IEP) designed to meet his/her needs in all areas. The types of services provided in the IEP are determined by student needs, not disability category. One disability does not receive more or less support based upon the category, only student need.
For a student with a TBI, establishing eligibility under the correct category is important because it increases understanding of the root-cause of the student’s difficulties. Other eligibilities have less variability over time and setting – if a student is not identified as having a TBI, the injury may be forgotten by the time difficulties develop. Additionally, strategies for instruction and behavior management can be different for challenges caused by a brain injury.
Contact us for assistance and information!
This concludes our first TBI FAQ series. If you have more questions about the special education eligibility process or general supports for students with TBI, please contact the Oregon TBI Educational Consulting Team:
If you are looking for specific information related to brain injury research or resources, feel free to contact our librarian, Laura Beck:
