Every child in the US has the legal right to a free public education. Students with learning difficulties, or even those with exceptional talents, are no different. If your child requires special education services in Alabama, then it's important that you understand their legal rights and how to access the required services. You must also be aware of what steps to take if you're concerned about your child's progress.
At the Lento Law Firm, our education attorneys are here to help. To discuss a special education matter in Alabama, contact us at 888.535.3686 or leave us an online message.
Special Education Defined
“Special education” is something of an umbrella term for children who, due to learning, cognitive, and/or physical differences, don't learn at the same pace as their peers. They require additional support, or even an entirely different curriculum, to reach their unique potential.
In AL, the Alabama State Department of Education oversees the provision of special education services across the state. If you have a grievance to raise about how a school and/or faculty member handles a special education issue, the Department of Education can oversee the dispute process.
Special Education Terminology
Before we consider the law around special education in more detail, it's helpful to explain some common terminology.
- Individualized Education Program (IEP): A roadmap setting out a student's particular learning goals, how they can be achieved, and how to measure a student's progress.
- Reasonable accommodations: Measures that enable students to participate in the curriculum and achieve their learning goals. These include learning aids, special seating, note-taking, and exam accommodations.
- Special education services: The range of services made available to special education students in the state.
- Least restrictive environment: Schools should use the least restrictive measures that enable special education students to remain, so far as possible, among their peers.
- Free and appropriate public education (FAPE): The right of every US special education student to have a free, suitable public education for their needs.
Alabama Special Education Laws
Alabama follows various federal and state laws to provide special education services and enable access to them. The applicable federal laws include:
- Individuals with Disabilities Education Act (IDEA)
- Americans with Disabilities Act (ADA)
- Rehabilitation Act of 1973, Section 504
IDEA is the most significant of the federal education laws. Under IDEA, every disabled child has the right to a free and appropriate public education (FAPE). What is considered “appropriate” depends on the child's unique learning needs.
At a state level, Alabama implements the key tenets of federal law through the Alabama Administrative Code. The Code sets out, for example, eligibility criteria for accessing special education services and how to discipline children with behavioral and/or learning disabilities.
Eligibility for Special Education Services in Alabama
Not every disabled student requires special education services or an IEP. The child must first meet certain eligibility criteria. Qualifying disabilities for special education purposes include:
- Autism
- Blindness
- Deafness
- Developmental delays (must be significant and adversely affect educational performance)
- Emotional disturbances e.g., schizophrenia or other significant mental health conditions
- Intellectual disabilities
- Orthopedic impairments (must be severe and affect participation in regular schooling)
Children with multiple impairments or certain other conditions e.g., ADHD or Tourette Syndrome may also qualify.
Special Education Assessment and Screening
Before a child can access special education services, or obtain an IEP to guide their curriculum and progress, they must be evaluated. In Alabama, parents can request an evaluation if they have concerns about their child. The child may be screened and assessed for qualifying disabilities. Should special education be deemed necessary, the school will convene an IEP team, and together you will work on a long-term education plan.
- You have the right to be part of a child's IEP development. You cannot be excluded from the process.
- A school district cannot evaluate your child for an IEP without your consent.
- IEPs must be reviewed at least annually to ensure they are still appropriate for your child's development.
If you disagree with the assessment outcome, our Education Law Team is standing by, waiting to help.
Alabama Special Education Schools and Services
There are various special education services in Alabama. The services include very subtle support options within the classroom, such as pre-agreed silent cues, preferential seating, and positive reinforcement. However, they also include services such as:
- Counseling
- Social work
- Physical support and accessibility
- Classroom assistant
- Virtual notetaking and language recognition
It's usually desirable to use the least restrictive measures and keep children in the classroom alongside their peers. However, some students will perform better in special education schools. It may also be mentally and emotionally less stressful for them to be in a special school environment. Special education schools in Alabama include:
These schools employ specially trained staff who understand what students need, and they know how to help them reach their learning goals. Depending on your child's unique learning requirements, a special school could be beneficial.
What Special Education Services Does My Child Need?
Alabama offers a variety of special education services for children who require them. The choice may seem overwhelming, especially if you're unfamiliar with the special education system. As a result, you might find it difficult to know which services to request. It may be helpful to bear the following points in mind.
- Where possible, consider the least restrictive measures first. This helps your child learn alongside their peers, which gives them the social and emotional skills they'll need to thrive in later life.
- Look at your child's learning preferences. Consider what makes them happiest and what they struggle with. Learning should be fun and achievable, so choose services that help them better engage with the process.
- By the time your child reaches 14, they have the right to shape their own IEP. This allows them to have a say in their eventual transition from high school into other paths, such as higher education or the world of work. Consider what your child wants – they may be acutely aware of their own strengths and weaknesses and what services can help them learn better.
- Even if your child is not yet 14, you may still take their opinions into consideration if they have the intellectual capacity and maturity to offer such input.
- Ask the IEP team or other service providers for advice. They can offer insights into which services may help your child best in the short and long term.
Most importantly, don't rush any decisions. Spend time reflecting on the options and ask as many questions as you need to make an informed choice.
Special Education Issues
The goal of special education is to help your child make progress and reach their potential. Ideally, this means there should be as little disruption to their education as possible. However, there are various hurdles you may encounter when building a plan for your child's future. The most common issues parents face include:
- Schools denying eligibility for special education services.
- A school is refusing their reasonable accommodation request.
- School staff failing to implement – or create – an IEP properly.
Eligibility Denied
Students must meet certain criteria before they can access special education services or have an IEP drawn up. This means having a disability that directly impacts their ability to learn the standard curriculum in a typical classroom. In other words, not every disabled student has the right to an IEP – if there's no impact on their ability to learn in a traditional classroom, then they may be denied special education services.
Should your child be refused access to special education services and/or an IEP, you may have grounds for review or appeal. For example, if your child is offered a 504 Plan but not an IEP, you may wish to challenge this decision if you're concerned that your child needs the extra support of an IEP.
Your options depend on your child's unique situation. Our Education Law Team can explain the steps involved in resolving special education eligibility disputes as they relate to your child.
Reasonable Accommodation Request Denied
Schools, and school districts, have a duty to the entire student community. This means that a school may deny an accommodation on cost or proportionality grounds. This is especially true if they can offer a more proportionate or cost-effective option, e.g., using a textbook with large print rather than a computer.
Schools are not obliged to accommodate every request, but they should be able to justify their reasoning and, where possible, offer alternative suggestions.
IEP Issues
Students have various IEP rights, including the right to be considered for an IEP and the right to have regular IEP reviews. If a school – or faculty member – fails to honor a student's IEP or uphold the student's rights, then you may have grounds to make a complaint. This may involve calling an IEP meeting at the school or taking more formal action, such as complaining to the Alabama State Department for Education.
Do I Need a Special Education Attorney in Alabama?
Often, parents believe that they can handle special education issues alone. This belief is understandable. After all, you know your child best. You know what they need. However, education law is highly complex and ever-changing. Here's why you should strongly consider retaining a special education attorney for help with related legal matters.
- Your child has various legal rights that you may not be aware of. A special education attorney will ensure that you fully understand your child's rights and what options are open to them.
- Special education services vary from state to state. Your attorney can explain how the services work in Alabama, and they'll help you with any application process.
- It's not uncommon to encounter IEP issues during your child's academic journey. An attorney can help you negotiate with the school district, prepare for IEP reviews, and handle any IEP disputes as efficiently as possible.
- The complaints procedures for special education matters can be time-sensitive and complicated. Hiring an attorney will help to ensure that you file any relevant paperwork on time and that you present the facts in the most compelling way.
Remember, schools have access to their own attorneys who can advise them on special education matters. If you don't have a special education lawyer on your side, then you could be at an immediate disadvantage.
At the Lento Law Firm, we simplify the laws and regulations around special education in Alabama. We'll ensure that a school treats your child fairly, and we can negotiate with school officials on your behalf. And at every stage of the process, we're here to answer any questions you may have about your child's special education rights.
Our Education Law Team Serves Students Across the US
As a nationwide law firm, our attorneys work around the US to provide families with the legal support and guidance they need to access state and federal special education services. So, no matter where you are in Alabama, we can help you. The Lento Law Firm Team serves every major Alabama school district, including:
- Baldwin County
- Birmingham City
- Cherokee County
- Houston County
- Jefferson County
- Montgomery
- Selma City
If you need special education support in Alabama, don't hesitate to contact our experienced attorneys.
Retain Our Education Law Team | Lento Law Firm
As a parent, you only want what's best for your child. You want to help them reach their full academic potential so they may become thriving, self-sufficient adults. However, at the Lento Law Firm, we understand the challenges you face when you wish to secure special education services for your child in Alabama. Our Education Law Team can help you navigate the process, from initial eligibility assessments right through to appeals and dispute resolution. We have helped numerous families across the US enforce their legal rights and access appropriate special education services. And we're ready and waiting to support your family today.
Your child's development is too precious to leave anything to chance. Get the advice, counsel, and representation that your family deserves. Contact the Lento Law Firm at 888.535.3686 or complete our digital contact form to arrange a meeting.
