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Eligibility for Services
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When a parent, educator, or other specialist expresses a concern about a student's educational and/or developmental progress, the school's Student Assistance Team (SAT) meets to develop problem-solving and intervention strategies to be implemented for the students to be successful in the school setting. Parents are participants in the Student Assistance Team process and they are informed of the interventions to be used. If these strategies do not adequately meet the needs of the student, a referral for a multidisciplinary evaluation (MDT) may be made.
- A written notice and consent for evaluation must be signed by the parent for the initial multidisciplinary evaluation (MDT).
- The Multidisciplinary Team (MDT) is responsible for the assessment, analysis, and documentation of the educational and developmental needs of each student referred to. Parents participate throughout the process of gathering information as well.
- The Multidisciplinary Team, which includes the parents, reviews the results of the evaluation and determines if the student has a disability according to federal and state guidelines.
The multidisciplinary evaluation report is used to develop present levels of performance for the Individual Educational Program (IEP). These educational needs determine the most appropriate program in which to implement the Individual Educational Program.
To be eligible for special education services, a student must meet federal and state criteria in one or more of the following disability categories below:
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For more information, please contact the Special Education Department at (531) 299-0244.
If you have concerns regarding the development of your child who is between the ages of birth thru two years old, please call the Early Development Network at (531) 299-0242 or email Birth-3Referral@ops.org to discuss your concerns.
If you have concerns regarding the development of your child who is between the ages of three to five years old, please call the Early Childhood Education office at (531) 299-0303 or email ECSEReferral@ops.org and indicate that you are requesting an evaluation for developmental concerns.
Categories of Disability Under IDEA
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Autism
To qualify for special education services in the category of autism, the child must have a developmental disability that significantly affects verbal and nonverbal communication and social interaction, is generally evident before age three and that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual response to sensory experiences.
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Behavior Disorder
In order to qualify for special education in the category of behavior disorder (Referred to in the 2004 Amendments to the IDEA as "Emotional Disturbance") the child must have a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance or, in the case of children below age five, development:
- An inability to learn that cannot be explained by intellectual, sensory, health factors.
- An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
- Inappropriate types of behavior or feelings under normal circumstances.
- A general pervasive mood of unhappiness or depression.
- A tendency to develop physical symptoms or fears associated with personal or school problems.
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Deaf-Blindness
To qualify for special education services in the category of Deaf-Blindness, the child must have concomitant hearing and visual impairments, the combination of which causes: severe communication needs; and other developmental and educational needs. The severity of these needs is such that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
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Developmental Delay
To qualify for special education services in the category of developmental delay, the child shall have a significant delay as measured by appropriate diagnostic instruments and procedures in one or more of the following areas and, by reason thereof needs special education and related services: cognitive development, physical development, communication development, social or emotional development, adaptive behavior or skills development or a diagnosed physical or medical condition that has a high probability of resulting in a substantial delay in function in one or more of such areas.
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Hearing Impairments
To qualify for special education services in the category of hearing impairment, a child must have impairment in hearing which is so severe that the child is impaired in processing linguistic information through hearing with or without amplification, or is permanent or fluctuating, and adversely affects the child's development or educational performance.
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Mental Handicap
To qualify for special education services in the category of mental handicap, the child must demonstrate: significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational or in the case of a child below age five, a child's developmental performance. This term parallels the federal definition of mental retardation in the regulations implementing IDEA 2004.
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Multiple Impairments
To qualify for special education services in the category of multiple impairments, the child must have concomitant impairments (such as mental handicap-visual impairment, mental handicap-orthopedic impairment), the combination of which causes such severe developmental or educational, or in the case of a child below age five, a child's developmental needs that they cannot be accommodated in special education programs solely for one of the impairments.
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Orthopedic Impairments
To qualify for services in the category of orthopedic impairment, the child must have a severe orthopedic impairment that adversely affects a child's educational, or in the case of a child below age five, a child's developmental performance.
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Other Health Impairments
To qualify for special education services in the category of other health impairment, the child must have limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems which adversely affects the child's educational, or in the case of a child below age five, a child's developmental performance.
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Specific Learning Disability
To qualify for special education services in the category of specific learning disability the child must have 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 to do mathematical calculations. The category includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
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Speech-Language Impairment
To qualify for special education services in the category of speech-language impairment, the child must have a communication disorder, such as stuttering; impaired articulation; language impairment; or voice impairment. This disorder must adversely affect the child's educational, or in the case of a child below age five, a child's developmental performance.
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Traumatic Brain Injury
To qualify for special education services in the category of traumatic brain injury, the child must have an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both that adversely affects a child's educational, or in the case of a child below age five, a child's developmental performance.
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Visual Impairment, including Blindness
To qualify for special education services in the category of visual impairment, including blindness, the child must have an impairment in vision that, even with correction, adversely affects a child's education, or in the case of a child below age five, a child's developmental performance. This category includes children who have partial sight or blindness.
Additional Resources
- Family Guide to Special Education in Nebraska
- Nebraska Department of Education (NDE) Parent Rights & Family Information in Special Education
- Nebraska Department of Education (NDE) Special Education
- Parents' Rights in Special Education (English)
- Parents' Rights in Special Education (Spanish)
- Rule 51: Special Education Program Standards
- Rule 52: Provision of Early Intervention (English)
- Rule 52: Provision of Early Intervention (Spanish)