If you're a parent, nothing matters more to you than your child's well-being. You worry about their health, you worry about their social development, you worry about their education. If you're a parent of a child with an Autism Spectrum Disorder, all those worries are magnified. Your child's needs are important, and you take seriously your responsibility to make sure those needs are met.
You aren't alone in meeting your child's needs, though. New York state law and New York State Education Department policy supports special education needs in general and the needs of ASD students in particular. Those laws and policies are further underpinned by federal disability law.
The law can be a double-edged sword, though. First, laws are only as effective as the people who are meant to follow them. If school districts are lax in their own policies, or district personnel don't take their responsibilities seriously, your child can wind up educationally short-changed. The law can also be enormously complicated, though. Even where faculty and administrators are trained and vigilant, the law itself can sometimes create confusion about what's right and what's wrong.
Below, you'll find a good basic primer on your child's rights as an ASD student and your rights as their parent, including what you should expect from their K-12 school district and what you and they should expect should they pursue higher education. Before we get into any of that, though, you should know that in addition to New York state law, you have another important resource to help you protect your child's interests: the Lento Law Firm.
The Lento Law Firm's Student Defense Team was created to make sure students get the fair treatment they deserve and that all students get the very best possible education. We know what the law has to say about disability and education, we're familiar with New York State's education system, and we're committed to helping you and your child succeed and thrive.
We also work with students in schools throughout the state, from New York City to Canton, Albany to Buffalo. To find out more, call 888-535-3686 today or use our online form to tell us a little more about your situation.
New York State Law and Policy: An Overview
New York law doesn't have a great deal to say about autism specifically, though autism is mentioned. The law does, for instance,
- Define autism based on a set of criteria and set minimum standards for which students can be classified as “autistic”
- Set the length of the school day for students with autism
- Set the starting age of school for students with autism
- Require teachers of ASD students to be specially trained
For the most part, though, the protections for students with autism are contained in more general laws concerning disability education, laws that explain how students should be tested for disabilities, for instance, or how the disciplinary process should work for students with disabilities.
The law is supplemented, however, by several New York State Department of Education policies, and many of those focus specifically on ASD students, including information about
- The quality indicators for an autistic program
- What constitutes appropriate education access for ASD students
- What types of accommodations ASD students are entitled to
- What sort of education environment ASD students are entitled to
- What Individual Education Programs should look like for ASD students
- How disciplinary processes should work for ASD students
Quality Indicators
Perhaps the most telling document the New York State Department of Education has produced with respect to autism is its Autism Program Quality Indicators guide. Though it does not have the force of law—in fact, it was never published as a “rule” or “policy”–this 2001 document does offer the best evidence of just how important the State Department believes autistic education to be. The very fact that the department chose to produce the document is a testament to this fact.
The document itself sets up fourteen separate categories by which a program aimed specifically at autistic students should be evaluated. These include typical education categories like curriculum, instructional methods, and program evaluation. They also include several categories that apply specifically to students with autism. Evaluators are asked, for instance, to consider how well a program works at inclusion, what sort of plans are in place for moving students from one setting to another, and how well instructional personnel are trained in dealing with ASD students.
From one perspective, this document sets the Department of Education's goals and expectations for individual schools and districts. It was written in part to help schools self-evaluate their programs and improve. However, it also serves as a checklist of sorts for parents. You can use this document to evaluate your child's district for yourself, and if they should come up lacking, you can also use this document to pressure the district into improving.
Access
The right to an education is a fundamental right shared by all children in the U.S., regardless of their gender, skin color, or whether or not they have a disability. As we'll see later, this right is enshrined in no less a source than the U.S. Constitution.
New York not only applies that principle to all students with disabilities, but it has taken extra steps to provide education access specifically for students with autism.
As a starting point, New York requires all students to receive disability testing. It sets standards for what qualifies as ASD, and once a child is diagnosed, that child is entitled to disability, and specifically ASD, services. You should be aware that if the district does not designate your child as ASD, you have the right to have them tested by an independent agency at the district's expense.
Once your child has been diagnosed, New York provides them with multiple different kinds of educational access, with many programs specifically targeted toward ASD needs.
- Extended school year programs for ASD students to help prevent regression between school years
- Special charter schools in the state aimed specifically at ASD students, such as the NYC Autism Charter School, the Manhattan Star Academy, and the Gersh Academy
- Private school education at no cost when a student's home school or district can't accommodate their needs or when the private school has special accommodations specifically for autistic students
- Special education resources, at no cost, for ASD students who are home-schooled
The bottom line here is that ASD students have a number of different options. The goal is to choose what's best for your child and their individual needs. Any time you feel those needs aren't being met, you have the right to choose a better school or program.
Accommodations
Federal law doesn't just give students with disabilities the right to an education. It gives them the right to an “equal” education. The field of education likes to use the acronym “FAPE,” which stands for “free and appropriate education.”
As a practical matter, this means schools and districts must often make accommodations for ASD students in order to ensure their access to FAPE, with “accommodations” broadly defined. If a student with a disability needs more time to complete their assignments, teachers must allow them more time. If they need special kinds of assessment to demonstrate their abilities, districts must provide these types of assessments.
Under Department of Education policy, ASD students are specifically entitled to any “assistive technology” they may need. Keep in mind, as well, that the purpose of such technology is not simply to help your child with academic subjects. Your child's educational needs extend to their psychological, social, and emotional needs as well, and schools must take these into account when making accommodations. If you feel a particular technology can help your child progress socially, for instance, you have the right to argue that they have it.
One of the most important aspects of these accommodations is that they must be “free.” If your child needs a particular technology, the district must provide it, within reason, at no cost to you or your family. As you might imagine, local school boards and district administrators sometimes balk at these expenses. One of our most important jobs at the Lento Law Firm, though, is to make sure districts follow the law. Your child is entitled to an education without regard to what that education costs.
Mainstreaming
Another crucial concept when it comes to disability education is LRE, or “Least Restrictive Environment.” LRE suggests that the environment plays an enormous role in how well students learn. Thus, every student should be placed in an environment that places the least amount of restrictions on them.
There is no one-size-fits-all LRE.
Ordinarily, the concept of LRE is used in New York to guarantee students with disabilities like ASD the right to remain in mainstream classrooms, learning right alongside their peers. According to New York law, a student cannot be removed from a mainstream classroom unless it becomes impossible for them to get an education in that setting, and this can only happen after an evaluation by a district's Committee on Special Education.
It is worth noting, though, that LRE can be used to justify moving your child out of a mainstream classroom if you and they feel that would benefit their education. As mentioned, the New York Department of Education offers a number of schools and programs specifically aimed at ASD needs, and you have the right to take full advantage of these.
The most important thing is that your child gets the educational resources they need, whether that's in a traditional classroom or in a special program aimed at students with autism. Any time that isn't happening, the Lento Law Firm is here to help. We understand concepts like LRE and how they are written into New York state law and education policy. We also know how to use the law and appropriate policies to force schools and districts to do what's in your child's best interests.
IEPs
An important tool in holding schools and districts responsible for the needs of autistic students is the Individualized Education Plan (IEP). If you're the parent of a child with ASD, you likely know all about IEPs, though you may not have considered the fact that they are meant to protect your child's education. They aren't meant to be a burden for you. Instead, they were developed to create accountability for schools.
An IEP identifies your child's specific needs, and it sets up a very clear plan for meeting those needs. It should contain a list of clear educational goals, a curriculum plan, and some means of assessing your child's progress.
In the wrong hands, however, an IEP can be used to justify limiting your child's access to resources. Administrators frequently point to IEPs when making funding decisions, for instance, or when they decide to remove a student from mainstream classrooms. "The IEP doesn't authorize this" is a common refrain.
You have a legal right to be involved in developing and maintaining your child's IEP. If there's something you feel should be altered in that IEP, you have the right to suggest it, and as the parent, your voice should carry the most weight. The Lento Law Firm's Student Defense Team is dedicated to making sure that happens. We know how schools and districts operate, and we can make sure they are doing their jobs under the law.
Manifest Determinations
Parents sometimes spend so much time advocating for their students' rights that they forget there's another important issue when it comes to disability education: discipline.
ASD students have a unique perspective on the world. That perspective has enormous value, but because ASD students tend to be in the minority in classrooms, they can be misunderstood, both by their peers and by their teachers. Misunderstandings can become the root of disciplinary problems, and disciplinary problems can interfere with the basic process of learning.
On the one hand, teachers and administrators sometimes misunderstand ASD students and interpret what they say or do as a disciplinary issue when it is not. On the other hand, ASD students who are victimized by peers can become frustrated and, understandably, lash out.
So, there's one more right that your child has that you should be aware of. Any time your child is involved in a disciplinary matter, New York state law requires the school to perform a Functional Behavioral Assessment before taking any action. An FBA examines the circumstances and environment in which a given disciplinary incident took place, and it aims to uncover why a student acted in the way that they did. The purpose is to ensure that students with autism aren't treated unjustly simply as a result of their autism.
The Lento Law Firm is dedicated to defending students from unfair disciplinary action. Our Student Defense Team works with all students—both K-12 and university—to defend them from charges and ensure they're not unduly punished. We understand, though, that ASD students face special challenges in the public school system and that, as a result, they sometimes need special assistance. If your child has been unfairly accused of misconduct or of violating the rules, you can count on us to represent them zealously and get them and your family the best possible resolution to your case.
Federal Law
We've focused primarily on New York state law up to this point, but it is worth pointing out that New York state law as it regards ASD students is built on a federal foundation.
As mentioned earlier, that foundation starts with the U.S. Constitution which guarantees all citizens equal access to goods and services offered by the government. That extends to education. All children have a right to a K-12 education. All children. Period.
The federal government has gone further, though, in defining the educational rights of those with disabilities. The Individuals with Disabilities Education Act, passed in 1975, created the principle of Free and Appropriate Public Education and placed the burden on states to ensure the rights of students with disabilities are protected.
Why does IDEA matter so much? Because it offers yet one more way to hold schools and districts accountable for their behavior toward your child. Your child's district owes them the best possible education. That's not just a nice idea or even a moral imperative. It's a matter of state and federal law. You should never be shy about demanding they get it.
New York Colleges and Universities
Autistic children face special challenges during their K-12 years. Like any other children, they are far more vulnerable, and they are far more dependent on adults to meet their needs. Additionally, the U.S. doesn't regard college education as a right the way it treats K-12 education. As a result, the many colleges and universities in New York—from NYU to Cornell, Syracuse, and Vassar--aren't held to the same strict standards elementary, middle, and high schools in the state are.
Nevertheless, if you or your child is a university student with ASD, you do have some important rights.
The Americans with Disabilities Act (ADA), passed in 1990, extended IDEA protections beyond K-12 classrooms. Persons with disabilities are protected in many aspects of life now, including access to government resources and fair employment practices. Those protections extend to higher education as well.
There are two practical implications of the ADA at New York colleges and universities.
- First, public institutions of higher education cannot discriminate against students with disabilities in any sense, such as admissions, housing, or building access.
- Second, students at public institutions of higher education are entitled to accommodations where necessary. Public colleges and universities in New York all have an Office of Disability Services that gets students tested and diagnosed, and that can help determine what accommodations a student might need.
These rights are guaranteed at all public institutions. In addition, they are guaranteed at any private school if that school receives federal funding of any kind. Most do.
If you feel your college or university is mistreating you as a result of your autism, you should hold them responsible. The Lento Law Firm can help.
Why the Lento Law Firm?
The one thing we've tried to stress in this guide is that your child's rights are a matter of law—New York law and federal law. As long as administrators and teachers follow the law, your child should get all the resources and materials they deserve.
Unfortunately, that doesn't always happen. When schools and districts don't live up to their responsibilities, you need someone on your side to force them to do so.
You can't handle the situation all on your own. You're a powerful advocate for your child, but you're not an attorney. The Lento Law Firm's Student Defense Team is familiar with all New York state laws and all New York State Department of Education policies. We know when a school district is abrogating its responsibilities, and we know how to use New York's administrative and judicial systems to correct the problems.
What Can the Lento Law Firm Do for You?
Disability law can be complicated, particularly when it's applied to education. As a result, it's not unusual to come into contact with educators, even seasoned educators, who either don't know the law or don't know how to implement it properly. This doesn't necessarily mean they don't want to help. They may genuinely have you and your child's best interests at heart, but they may not have a grasp of ASD, and they can still get things wrong.
In those situations, the Lento Law Firm can be a tremendous help. The attorneys at the Lento Law Firm know the law, and they know how to help others better understand the law. They know how to talk with school officials and work out resolutions. They also know how to be tough when they must and how to fight to ensure your child is treated fairly and given every chance to succeed.
To find out more about what the Lento Law Firm's Student Defense Team can do for you and your family, contact us today at 888-535-3686 or use our automated online form.
