Obvious Disability
Factors for Consideration
By Donald J. Frazier, Ph.D
Caution!!
The use of the “obvious disability” option
essentially sidesteps the assessment
process and thus should be used with
great caution.
This option should not be used as a means
to expedite a non-emergency referral or to
respond to pressures of any type.
What does and does not constitute
a “disability”?
Federal law (social security) broadly defines a
person with a disability as an individual who has
a physical or mental impairment that
substantially limits one or more major life
activities or has a record of such impairment or
is regarded as having such an impairment
Major life activities can include self-care,
ambulation, communication, employment and
the ability to rent/buy property.
Exclusionary Conditions
Potentially dangerous or harmful (non-psychotic) conditions such as sexual disorders
(paraphilias) and impulse control disorders (compulsive gambling, kleptomania, pyromania)
are specifically excluded in federal law of being considered disabilities.
DSM-4 Axis II Personality Disorders are not considered a mental health disability.
Temporary or minor conditions are not considered disabilities. For instance, DSM-4
diagnoses often require at least 6 months of consecutive problems.
Active or ongoing alcohol-drug abuse is not considered a disability (but can be
considered as such once a person is in treatment).
Health conditions associated with normal aging are often disallowed during Social
Security benefit applications.
Educational and social-emotional problems that can be dealt with via Tier 1 and Tier 2
interventions.
IDEA Disabilities
• Autism Spectrum
Disorder
• Deaf-Blindness
• Deaf or Hard of Hearing
• Developmental Delay
• Emotional Disturbance
• Mental Retardation
(Intellectual Disability)
• Multiple Disabilities
• Other Hear Impairment
• Specific Learning
Disability
• Speech Language
Impairment
• Traumatic Brain Injury
• Visual Impairments
(including Blindness)
• **Gifted** (under special
education in only a handful of
states)
Impact of the Disability
Educationally, in addition to meeting eligibility
criteria for a school-based disability, there must
be a significant and clearly negative impact
before it can be determined that a student has a
“disability.”
That impact is determined from the data gathered
by the SAT team, including multiple data points
in the academic areas of concern,
state/mandated test results, classroom
performance data, CBM’s, grade and
observations
Conditions Most Likely To Be Considered as
an “Obvious Disability”
• Genetic condition
associated with Intellectual
Disability (MR)
• Traumatic Brain Injury
• Visual disorder
• Hearing disorder
• Lower functioning Autism
• Multiple disabilities
It is likely in an “obvious disability”
situation that the child:
•
A) is very young and first being
identified via some Child Find
process
OR
•
B) is the victim of a recent
debilitating situation/accident
OR
•
C) has a deteriorating medical or
sensory condition that has
reached a serious level of impact
Documentation for Obvious
Disability
• In almost every case it is important to gain access to the
medical or clinical documentation behind a diagnosis
that reflects an “obvious disability.”
• The diagnosis must be made by a licensed professional
in the appropriate medical, mental health or speechlanguage field.
• Any supplementary information is important as well (i.e.,
test/screening results, laboratory findings, etc.)
IMPORTANT REMINDER: The Need To
Demonstrate Impact
•
Remember, even with evidence of a serious diagnosis, it is important to document the impact of
the disability. These identified areas of impact will constitute the focus of the interventions.
•
Sometimes data related to demonstrated impact is already available (through previous
evaluation results or clinical observations).
•
When eligibility and impact can be determined from the information at hand, the district can then
use the Review of Existing Evaluation Data (REED) process to expedite to eligibility
determination in such a case.
•
If there is no available data, the district might also consider the possibility of using a Section 504
Plan (Tier 2) while assessment and documentation of impact occurs at the school level.
•
In an emergency situation where no clear data is available as to impact, the district could also
consider writing an initial “best effort” IEP while ASAP assessment occurs.
USE OBVIOUS DISABILITY only in the case where placing a student in general
education without appropriate supports for up to 60 days would likely be harmful (to
self or others) or otherwise clearly detrimental to the student.
Do Psychological or Psychiatric Evaluations/Reports
Indicate an Obvious Disability?
• The mere presence of a psychiatric diagnosis is not
sufficient in order to qualify for “obvious disability.”
Information as to educational impact is often lacking in
such DSM-4 diagnoses.
• Factors that might lead one to possibly consider an
obvious disability for ED include:
– A diagnosis that constitutes an emotional disability (thought/mood
disorders) with a GAF of 50 or below.
– A history or current danger of harm to self or others
– A clearly documented inability to learn in a general education
context
– Educational records that provide some information as to impact
Parental Demand for
Expedited Evaluation
Ultimately, the parent has the right to request an evaluation and
thus bypass the SAT intervention process.
The district has the right to decide to refuse the request for expedited
evaluation but had better be on very solid ground in doing so, should
the case go to hearing.
However, sometimes additional information can help the parent to favor
the SAT intervention approach over a rush to immediate evaluation.
• An understanding of the Rti model and process
• An understanding of the need for “least restrictive environment”
considerations
• An understanding of the SAT process and how it can help
• An understanding of the active role the parents will play in the SAT process
• An understanding of the importance of having at least two short cycle data
points in determining whether a child in grades K-3 has an SLD or not