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When Access Isn't

Children with disabilities require programs of specially-designed instruction in order to establish basic academic skills. Without these skills, such students cannot adequately access a general education curriculum nor are they prepared to transition independently into the world of work.

Public schools are increasingly cutting services to children with disabilities under the guise of the "Least Restrictive Environment (LRE)". LRE means that, to the maximum extent appropriate, school districts must educate students with disabilities in regular education classrooms with appropriate aids and supports, referred to as "supplementary aids and services".

The Least Restrictive Environment (LRE) requirements of Part B of the Individuals with Disabilities Education Act (IDEA) have been included in the law in their present form since 1975. IDEA does not, however, use or define the term “inclusion”.

IDEA requires that the IEP of each disabled student must contain a "statement of the specific special education and related services to be provided to the child and the extent that the child will be able to participate in regular educational programs." 34 CFR §300.346 (a) (3). This means that the IEP must also define the extent to which disabled students will attend school along with non-disabled peers in the school they would normally attend if not disabled.

The LRE requirement has unfortunately shortchanged many disabled students from getting the special education programs and services that they clearly need to make reasonable educational progress. For example, a student who cannot read at grade level may be given supplementary aides and services that include the use of audio books, oral tests and modified classroom materials, so that they can access the general education curriculum. However, these modifications and accommodations do nothing to actually teach the student to read!

It is critical, therefore, that IDEA guidelines be followed by all public school districts and that an individualized inquiry into the unique educational needs of each and every disabled student be made to determine the learning needs of those students.

IDEA does not require that every student with a disability be placed in a regular education classroom. This recognition (i.e. that regular class placement may not be appropriate for every disabled student) is reflected in IDEA's requirement that school districts make available a range of placement options, known as a "continuum of alternative placements", to meet the unique educational needs of students with disabilities.

This requirement for the continuum reinforces the importance of the individualized inquiry, not a "one size fits all" approach, in determining what placement is the LRE for each student with a disability.

The options on this continuum must include alternative placements listed in the definition of special education under § 300.17 including instruction in regular education classes, special education classes, special schools, home instruction and instruction in hospitals and institutions. " 34 CFR §300.551 (b) (1).

Any alternative placement selected for a disabled student outside the regular education environment must (1) maximize opportunities for the student to interact with non-disabled peers to the extent appropriate to meet the needs of the student and (2) be calculated to insure reasonable educational progress.

Without appropriately designed special education programs and services, disabled students will not make reasonable educational progress in establishing basic academic skills and will not become empowered to access general education programs or successfully transition into the workplace following high school graduation.

Call 717-569-6223 for an Independent Educational Evaluation (IEE) now!

Foreign Language Waivers for High School and College

Many individuals with learning disabilities experience difficulty learning a foreign language. Learning disabilities (LD) adversely affect language-based tasks such as reading, spelling, writing, or listening in the person’s native language. Such problems tend to be magnified even further in the process of learning a foreign language.

Phonological difficulties (problems with tasks involving putting sounds together and pulling sounds apart in spoken & written language) and orthographic difficulties (problems with sound-symbol tasks in language) have the most immediate and severe impact on foreign language learning. These types of abilities are necessary for the fundamental task of learning a new alphabet, such as Hebrew, or a new sound-symbol system, such as spelling the nasal sounds in French.

Individuals who experienced delays in learning to speak, required speech therapy, had difficulty learning to read (especially phonics), struggle with spelling and demonstrate inconsistent use of grammar and/or writing mechanics, often have serious difficulty learning a foreign language.

At the same time, an increasing number of individuals with learning disabilities are attending college. Supports and services vary widely, however, ranging from basic classroom and testing accommodations, to special sections of a foreign language, to foreign language waivers, to course substitutions.

Although federal law requires colleges and universities to provide reasonable accommodations for students who have documented learning disabilities, the range of accommodations and modifications is generally determined by each school, college or university.

On August 15, 1997, the US District Court issued its decision in the case of Guckenberger vs. Boston University (C.A. No, 96-11426-PBS). In part, the ruling held that if a foreign language requirement is not part of the fundamental nature of the student's program, than students with requisite documentation of specific learning disabilities should be able to substitute another course for the foreign language. 

Testing for learning disabilities to determine eligibility for a foreign language waiver may include but not be limited to the following:

• Modern Language Aptitude Test (MLAT) 
• Wechsler Adult Intelligence Scale-Fourth Edition (WAIS-IV) 
• Wechsler Individual Achievement Test-Third Edition (WIAT-III) 
• Woodcock-Johnson/Third Edition (W-J/III) 
• Comprehensive Test of Phonological Processing (CTOPP) 
• Test of Orthographic Competence (TOC) 
• Jordan Reversal Test - 3rd Edition

To schedule your foreign language waiver evaluation, call 717-569-6223

NLD and the Middle School Transition

NLD children often experience significant difficulty adapting to novel and otherwise complex situations. They evidence an over-reliance on rote behavior and may become oppositional or avoidant when required to organize, analyze and synthesize new information. As the demand for such higher-level thinking and organizational skill increases during middle school years, the problems of NLD children become more debilitating (Rourke, 1995).

NLD children typically display significant deficits in social perception, social judgment and social interaction, which may become more prominent with increasing years (Rourke, 1995). Many pre-teenagers and adolescents with Non-Verbal Learning Disorders display a marked tendency toward social withdrawal and even social isolation with advancing years. While acting out behaviors and conduct problems may be evident in young NLD children, indications of excessive anxiety, depression and associated internalized forms of social and emotional disturbance may become increasingly problematic when NLD children enter adolescence (Rourke, 1995).

Although often hyperactive during early childhood, NLD children generally become more hypoactive as they get older (Rourke, 1995). They are frequently described by others as "socially immature" and may suffer from a disturbed body image (Johnson & Myklebust, 1960). Due to their difficulties with interpreting non-verbal social cues, processing novel stimuli and expressing emotion appropriately through voice and facial expression (Ozols & Rourke, 1985), NLD teens often experience more difficult adolescent transitions than those with normal social competencies.

Characteristics often attributed to NLD adolescents and adults include:

• Shyness and introversion 
• An inability to display affect 
• Chronic emotional difficulties 
• Poor social perception, and 
• Impaired visual-spatial skills (Badian, 1992; Weintraub & Mesulam, 1983). 

Academic difficulties, which interfere with school performances and test taking, may include:

• Poor work habits 
• Slowness in getting started and finish 
• Poor motivation 
• Disorganization (losing things, forgetfulness) 
• Poor peer relationships 
• Dependency on parents and teachers for support 
• Low test grades due to poor comprehension 
• Difficulty with complex mathematical reasoning and problem solving 
• Difficulty accepting criticism (Badian, 1992). 

To determine if your child or student has a Non-verbal Learning disorder, call our office for an evaluation with Dr. Margaret J. Kay.
717-569-6223

Foreign Language Waiver Evaluations

Many individuals with learning disabilities experience difficulty learning a foreign language. Learning disabilities (LD) adversely affect language-based tasks such as reading, spelling, writing, or listening in the person’s native language. Such problems tend to be magnified even further in the process of learning a foreign language.

Phonological difficulties (problems with tasks involving putting sounds together and pulling sounds apart in spoken & written language) and orthographic difficulties (problems with sound-symbol tasks in
language) have the most immediate and severe impact on foreign language learning. These types of abilities are necessary for the fundamental task of learning a new alphabet, such as Hebrew, or a new sound-symbol system, such as spelling the nasal sounds in French.

Individuals who experienced delays in learning to speak, required speech therapy, had difficulty learning to read (especially phonics), struggle with spelling and demonstrate inconsistent use of grammar and/or writing mechanics, often have serious difficulty learning a foreign language.

At the same time, an increasing number of individuals with learning disabilities are attending college. Supports and services vary widely, however, ranging from basic classroom and testing accommodations, to special sections of a foreign language, to foreign language waivers, to course substitutions.

Although federal law requires colleges and universities to provide reasonable accommodations for students who have documented learning disabilities, the range of accommodations and modifications is generally determined by each school, college or university.

On August 15, 1997, the US District Court issued its decision in the case of Guckenberger vs. Boston University (C.A. No, 96-11426-PBS). In part, the ruling held that if a foreign language requirement is not part of the fundamental nature of the student's program, than students with requisite documentation of specific learning disabilities should be able to substitute another course for the foreign language.

To determine if you qualify for a foreign language waive in high school or college call 

(717) 569-6223 to schedule an evaluation with Margaret J. Kay, Ed.D. Psychologist