Anonymous wrote:

Anonymous wrote:Double posting. I am on my phone and you didn't provide a link. But I recall that DC does not allow social and emotional delays as a way to qualify for Developmental Delay category. Child would have to go under another. RAD is certainly significant and I would guess they would find eligibility under Emotional Disturbance. The lack of ability to use Dev Delay for these issues in DC for young kids is a shame IMO and I think it will be changed if the new special ed laws go into effect.

What stage in the process are you at? Eligibility meeting coming up?

I think "developmental delay" is only a viable category for kids under a certain age (7 or sometimes older depending on the state).

OP, how old is your child?

In DC, the "developmental delay" category only exists for kid under 6 yrs old. 6 yrs old and older have to fit into one of the 13 categories under IDEA.

Anonymous wrote:Double posting. I am on my phone and you didn't provide a link. But I recall that DC does not allow social and emotional delays as a way to qualify for Developmental Delay category. Child would have to go under another. RAD is certainly significant and I would guess they would find eligibility under Emotional Disturbance. The lack of ability to use Dev Delay for these issues in DC for young kids is a shame IMO and I think it will be changed if the new special ed laws go into effect.

What stage in the process are you at? Eligibility meeting coming up?

I think "developmental delay" is only a viable category for kids under a certain age (7 or sometimes older depending on the state).

OP, how old is your child?

Ok I was delayed in my post and didn't really double post.

Double posting. I am on my phone and you didn't provide a link. But I recall that DC does not allow social and emotional delays as a way to qualify for Developmental Delay category. Child would have to go under another. RAD is certainly significant and I would guess they would find eligibility under Emotional Disturbance. The lack of ability to use Dev Delay for these issues in DC for young kids is a shame IMO and I think it will be changed if the new special ed laws go into effect.

What stage in the process are you at? Eligibility meeting coming up?

Anonymous wrote:OP here. Ok, now I'm thoroughly confused. I see on wright's law (and the federal statute) where it says that it doesn't matter if the child is on target academically. BUT, I see in the DC code of regs that emotional disturbance is not a determining factor for eligibility?? Section 5-E3006

Am I missing something? Help!

Are you looking at 3006.4(c)(3) which excludes emotional diagnosis in the evaluation for eligibility for specific learning disability? If so, you are looking at the wrong section (this only applies to kids with a specific learning disability like dyslexia, dysgraphia, dyscalcula, etc.)

You want to look at the definitions section of the reg (sec 3001.1) for the definition of "child with a disability". A child with RAD can qualify under element "(c) emotional disturbance". assuming there is also a need for special education. IMO, I would argue that your child needs special education, probably both from the psychologist and from a special or general ed teacher. The psychologist needs to provide special instruction to help the child understand what's going on with the RAD and how to cope. The general ed or sped teacher has to provide specialized instruction and support in the classroom so that triggers can be identified and ways of coping can be onstructed/reinforced on the spot. IMO, it would not be appropriate for a child to have only a 504 with an accomodation to go work silently/alone in a hall or another room.

Anonymous wrote:OP here. Ok, now I'm thoroughly confused. I see on wright's law (and the federal statute) where it says that it doesn't matter if the child is on target academically. BUT, I see in the DC code of regs that emotional disturbance is not a determining factor for eligibility?? Section 5-E3006

Am I missing something? Help!

I would go for OHI rather than ED. The category doesn't really matter since the IEP will be tailored toward your kid. The category does not drive services/supports.

Agree with PP. Missing class for 1/2 the day can certainly qualify as being "unable to access the curriculum".


Push for an IEP. Get an advocate if you have to. Good luck!

12:34 I am the one whose question you were answering and being out of the class for half the day should certainly merit him an IEP. He needs Specially Designed Instruction on social interactions and self regulation.

We are in DC but at a charter...subject to same laws!

Push for an IEP...what are the behaviors? Certainly the school has a big interest in helping your child improve behavior. For everyone's benefit!

OP here. Ok, now I'm thoroughly confused. I see on wright's law (and the federal statute) where it says that it doesn't matter if the child is on target academically. BUT, I see in the DC code of regs that emotional disturbance is not a determining factor for eligibility?? Section 5-E3006

Am I missing something? Help!

Anonymous wrote:

Anonymous wrote:I think you should fight for an IEP for emotional health.

I guess a little bit off topic, I really think the criteria to be able to get a kid an IEP should be: is it impeding learning or emotional/social growth, which is part of learning.

Its baffling that the school systems separate "academic learning" from "social/emotional learning".

They are both as important.

It's interesting. Throughout the day I've been doing some research and some school districts do allow an IEP strictly for emotional reasons, but DC isn't one of them. In DC, the kid has to be two years behind academically. But what I can't figure out is if a RAD diagnosis means they don't have to be two years behind, or what.

This is simply untrue and against the law (IDEA). We have an IEP and my kid is 4 yrs ahead of grade level academically and we're in DC. My child's IEP only has social/emotional goals.

As long as the child has a disability that falls under one of the 13 categories in IDEA and their disability causes them to be unable to "access the curriculum" without services and supports, you should be able to get an IEP. Getting an IEP has NOTHING to do with being on, below, or above grade level academically.

Look on the wright's law site for more info.

Anonymous wrote:I think you should fight for an IEP for emotional health.

I guess a little bit off topic, I really think the criteria to be able to get a kid an IEP should be: is it impeding learning or emotional/social growth, which is part of learning.

Its baffling that the school systems separate "academic learning" from "social/emotional learning".

They are both as important.

It's interesting. Throughout the day I've been doing some research and some school districts do allow an IEP strictly for emotional reasons, but DC isn't one of them. In DC, the kid has to be two years behind academically. But what I can't figure out is if a RAD diagnosis means they don't have to be two years behind, or what.

There are 13 categories of special education as defined by the Individuals with Disabilities Education Act (IDEA). In order to qualify for special education, the IEP team must determine that a child has one of the following:
•Autism
•Blindness
•Deafness
•Emotional Disturbance
•Hearing Impairment
•Intellectual Disability
•Multiple Disabilities
•Orthopedic Impairment
•Other Health Impaired
•Specific Learning Disability
• Speech or Language Impairment
•Traumatic Brain Injury
•Visual Impairment


A RAD should qualify under Emotional Disturbance

I think you should fight for an IEP for emotional health.

I guess a little bit off topic, I really think the criteria to be able to get a kid an IEP should be: is it impeding learning or emotional/social growth, which is part of learning.

Its baffling that the school systems separate "academic learning" from "social/emotional learning".

They are both as important.

Anonymous wrote:It's not the diagnosis; it's the needs of the child. Does your child have disruptive behaviors that impede their learning and that of others?


Does your child need specially designed instruction on how to interact with others? If so you need an IEP. Whether DCPS will offer one is another question.

Yes, DS has behaviors that impede his learning, but like I said, the kid is on grade level. I think he could perform above grade level if he wasn't in someone else's room for half the day calming down, but he's not failing or behind in any way. Obivously his behavior impacts other kids, but since when does that get a kid an IEP?

It's not the diagnosis; it's the needs of the child. Does your child have disruptive behaviors that impede their learning and that of others?


Does your child need specially designed instruction on how to interact with others? If so you need an IEP. Whether DCPS will offer one is another question.

Does a diagnosis of RAD automatically qualify a kid for an IEP, or just a 504? My child is on target academically but needs social supports. I'm wondering which routes are open to us, as we'll begin this process with the school (DCPS) in a few weeks.