Parents are often surprised to learn that a medical diagnosis of Autism Spectrum Disorder (ASD) does not automatically entitle a student to special education services under the Individuals with Disabilities Act (IDEA). It is important for parents to understand the differences between a medical diagnosis and an educational determination of eligibility for special education services so that they can appropriately advocate for their children.

Medical diagnosis of ASD:

People with ASD tend to have communication deficits, such as responding inappropriately in conversations, misreading nonverbal interactions, or having difficulty building friendships appropriate to their age. In addition, people with ASD may be overly dependent on routines, highly sensitive to changes in their environment, or intensely focused on inappropriate items. Again, the symptoms of people with ASD will fall on a continuum, with some individuals showing mild symptoms and others having much more severe symptoms. This spectrum will allow clinicians to account for the variations in symptoms and behaviors from person to person.

A medical diagnosis of ASD is made by a doctor or other specially trained clinician by using symptom criteria set in the American Psychiatric Association’s Diagnostic and Statistical Manual, Fifth Edition (DSM-5). DSM-5 eliminated the subcategories established in the DSM-IV and grouped all the conditions under the name of Autism Spectrum Disorder.

Under the DSM-5 criteria, individuals with ASD must show symptoms from early childhood, even if those symptoms are not recognized until later. This criteria change encourages earlier diagnosis of ASD but also allows people whose symptoms may not be fully recognized until social demands exceed their capacity to receive the diagnosis. It is an important change from DSM-IV criteria, which was geared toward identifying school-aged children with autism-related disorders, but not as useful in diagnosing younger children. Under DSM-5 the doctor/clinician is looking for symptoms that limit and impair everyday functioning, but this should be interpreted broadly.

Educational determination of eligibility:

By contrast, educational eligibility is decided by a team comprised of the student’s parents and various school professionals. The team must find that he student qualifies for services under IDEA. “The purpose of IDEA is to ensure that all children with disabilities have available to them a free and appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.” See 20 USC section 1400(d)(1)(A)

Eligibility for special education services is based, rather, on an educational determination of a disability. The Team will consider the following questions to determine if a student is eligible :

Is there a disability? IDEA requires that the student have at least one of the fourteen specified disabilities and need special services.
Is the student not making effective progress due to the disability? It is possible for a student to have a medical ASD diagnosis but not qualify for special education services. If this is true of your child, consider a 504 Plan where they could qualify for other services, such as accommodations.
Does the student need specialized instruction to make effective progress?
What related services does the student need to access the general curriculum?

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

Meet Ellen

Attorney Ellen Marie Curran is an attorney licensed to practice in Massachusetts. Outside of work, Attorney Curran is an active participant in her community. She is a Museum Teacher Fellow for the United States Holocaust Memorial Museum (USHMM) in Washington, D.C. as well as a volunteer at the Stone Zoo in Stoneham, Massachusetts.