Iowa is known for its strong values, friendly people, and great educational opportunities. Iowans value their strong public school systems, and the schools in Des Moines and West Des Moines are some of the best. But even in the strongest Iowa schools, some kids need help accessing the same stellar education that all students receive. If you have a child with a disability in Iowa, you may have experienced this as well. Federal laws like the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) work together with state laws to ensure that students with disabilities have the same opportunities as all Iowa children.
While the ADA, IDEA, and Iowa special education laws work to protect the rights of kids with disabilities, navigating the complex web of rules and regulations can be challenging on your own. That's why the skilled Education Law Team at the Lento Law Firm has been helping Iowa families like yours for years. Call us at 888-535-3686 to schedule your consultation, or reach out online.
The Des Moines and West Des Moines Areas
The communities of Des Moines and West Des Moines traverse Polk, Dallas, Warren, and Madison counties. The cities have almost 300,000 people, and West Des Moines is one of the fastest-growing areas in Iowa. Many people move to the Des Moines area yearly for the low crime rate, friendly people, and high-quality schools.
The Des Moines Independent Community School District is one of the largest school districts in Iowa, with 59 schools and 31,000 students. It serves students in Des Moines, Pleasant Hill, and Windsor Heights.
The West Des Moines Community School District serves more than 55,000 children in Iowa in Clive, West Des Moines, Windsor Heights, Urbandale, Waukee, and Des Moines.
Some of the largest high schools in Des Moines and West Des Moines include:
- Valley High School
- Lincoln High School
- Southeast Polk High School
- East High School
- Johnston High School
- Ankeny Centennial High School
- Dowling Catholic High School
- Ankeny High School
- Northwest High School
- Urbandale High School
- Waukee Senior High School
- Indianola High School
Some of the largest middle and elementary schools in the Des Moines and West Des Moines area include:
- Summit Middle School
- Johnston Middle School
- Southeast Polk Junior High School
- Prairie Ridge Middle School
- Northview Middle School
- Prairieview School
- Urbandale Middle School
- Edmunds Fine Arts Academy
- Rolling Green Elementary School
- Prairie City Elementary School
- The Downtown School
- Madison Elementary School
- Mitchellville Elementary School
- Greenwood Elementary School
- Pleasant Hill Elementary School
Iowa College and University Disability Issues Versus K-12 Schools
Iowa also has some amazing institutions of higher learning, including:
- University of Iowa
- Drake University
- Iowa State University of Science and Technology
- Clarke University
- Grinnell College
- St. Ambrose University
- Cornell College
- Luther College
- Coe College
- University of Northern Iowa
- Upper Iowa University
- William Penn University
- Des Moines University
There are also many community colleges and trade schools near Des Moines and West Des Moines, including:
- Des Moines Area Community College
- Kirkwood Community College
- AIB College of Business
- Aveda Institute Des Moines
- Vatterott College
- New Horizons Computer Learning Centers
- Stat Partners Phlebotomy School
- CEU Authority
- Iowa Association of REALTORS
Institutions of higher learning in Iowa, such as colleges, universities, and trade schools, must still comply with federal laws and regulations protecting students with disabilities. However, once your student finishes high school, many rules change. As a legal adult, your child will be expected to advocate for themselves and be the main point of contact for their disability-related education issues. As a parent, you will no longer be entitled to the same information about your child's education.
Once your student graduates from high school, IDEA no longer applies. Colleges and universities will no longer be legally required to follow your student's IEP. However, many colleges use IEPs and 504 accommodation plans to develop appropriate support and structure for students with disabilities. Your student will contact their college's disability services office to begin implementing accommodations.
Understanding IEPs, FAPE, and Reasonable Accommodations in Iowa
All Iowa schools must provide students with a “free and appropriate public education” and the services and support they need to access that education. In Des Moines and West Des Moines K-12 public schools, federal laws like the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Improvement Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 protect your student's educational rights. To some extent, these laws also protect your students in secondary institutions like colleges, universities, and trade schools. However, colleges aren't as highly regulated as K-12 public schools.
Some key special education legal terms that you should understand include:
- Free Appropriate Public Education (FAPE): All Iowa students have the right to a “free and appropriate public education.” If your child needs special education services and support to access a FAPE, you can receive these free of charge.
- Least Restrictive Environment (LRE): The “least restrictive environment” is the learning environment that offers your student the most opportunities. The LRE may involve placing special education students in mainstream classrooms rather than isolating them in a “special ed” class. This approach makes the school community more diverse and open, giving all students better educational opportunities.
- Individualized Education Programs (IEPs): Under the federal Individuals with Disabilities Education Improvement Act (IDEA), your school district must cooperate with you to develop an individualized learning plan, also known as an Individualized Education Plan (IEP), for your student. Your child's IEP will delineate the support and services the school will provide to help your student access a FAPE. An IEP is a legal document that the school district must follow.
- Reasonable Accommodations: Section 504 of the Rehabilitation Act of 1973 allows your child's school to make “reasonable accommodations” in their curriculum and education to make learning more accessible for special education students. However, the school doesn't have to grant every request. Whether it is “reasonable” will depend on the practicality and how much it costs. These accommodations are intended to put your student on a level playing field with students who don't have disabilities.
In Des Moines and West Des Moines, your child's school will use the Least Restrictive Environment, reasonable accommodations, and IEPs in combination to ensure your child has access to a “free and appropriate public education.”
Iowa State Disability Education Laws
Iowa state special education law, including the Administrative Rules of Special Education, mirrors many of the protections of the ADA and IDEA, adding another layer of protection for these students.
Special Education in Iowa
To qualify for special education in Iowa, your child must meet specific requirements, including:
- Living in the district,
- Be under the age of 21, or 24 in some cases, and
- Having a qualifying disability.
However, your school district is also responsible for identifying, locating, and evaluating all district children between birth and age 21 who may qualify.
The types of disabilities that may qualify for special education services under the federal Individuals with Disabilities Education Improvement Act (IDEA) include:
- Visual and hearing impairments,
- Language and speech impairments,
- Intellectual disabilities,
- Orthopedic impairments,
- Other health impairments,
- Specific learning disabilities,
- ADHD,
- Autism,
- Traumatic brain injury,
- Mental health issues,
- Emotional disabilities, and
- Multiple disabilities.
Not every disabled child will be entitled to special education services, but Iowa law and regulations work:
- “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;
- To ensure that the rights of children with disabilities and their parents are protected;
- To assist local educational agencies, area education agencies, and state agencies to provide for the education of all children with disabilities and to allocate responsibilities among those agencies; and
- To assess and ensure the effectiveness of efforts to educate children with disabilities.”
Iowa Special Education Referrals
The special education referral process in Des Moines and West Des Moines schools typically begins with a request for an evaluation from a parent, teacher, school administrator or staff member, or a student who is 18. Once the school receives your request, it must complete its initial evaluation within 45 days. You will also receive a request for an Individualized Education Plan (IEP) referral conference. After completing the evaluation, if the school determines that your child qualifies for special education services or additional support, you will create an IEP that specifically addresses your child's needs.
Your student's IEP may include:
- Your student's current educational, academic, cognitive, and emotional-behavioral levels,
- Objective goals to achieve in each area with a deficit,
- A rubric for evaluating and measuring your child and their progress in each area,
- Modifications needed for your child's curriculum,
- Classes, events, and activities your child won't participate in,
- Recommendations for the instructional setting for your child,
- Services your child will receive, including when they will begin and how often they will occur,
- Any transitional services recommended, and
- Any recommended alternative assessment or testing, if necessary.
Special education services your student might receive can include:
- Counseling, mental health, or psychological services,
- An interpreter,
- Medical or school health services,
- Occupational therapy,
- Audiology and speech-language pathology services,
- Orientation, mobility, or recreation services and physical therapy,
- Parent counseling and training,
- Rehabilitation counseling or social work services, and
- Transportation services.
Once created and agreed to by all the parties, your student's IEP is a legal document that the school must follow. You will receive a copy and save it for future reference.
Manifestation Determination Reviews in Iowa
You won't always agree with the special education determinations that your child's school makes. But if your child faces disciplinary action, there are laws and rules in place to protect your student's right to due process.
If a school suspends or expels your child for ten or more days cumulatively throughout the year, it triggers a Manifestation Determination Review (MDR). The school must conduct an MDR to determine if your child's behavior is the result or manifestation of their disability or the school's failure to implement an IEP or behavioral plan properly.
Under Iowa's procedural guidelines, an MDR panel consisting of your child's IEP team members will make this determination. If the panel decides that your student's behavior resulted from their disability or an IEP failure, the school must conduct a “functional behavior assessment” (FBA) and implement or modify a behavioral plan. Unless you agree to place your child elsewhere, the school must allow your student to return to class.
Resolving Iowa Special Education Complaints
Under IDEA and Iowa special education regulations, you can request an independent evaluation or appeal a school decision regarding placement for your child or the results of a manifestation determination review:
“A parent or a public agency may file a due process complaint on any of the matters […] relating to the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child.”
You can file a due process complaint within two years after you know or should have known about the school's action that you're appealing. Your complaint must include:
- The name and address of the child,
- The name of the school,
- A description of the problem related to the change, facts related to the issue, and
- Your proposed resolution to the problem.
Your child's school district must respond to your due process complaint within ten days. You also have the option to request Area Education Agency mediation, which is a statewide mediation and conflict resolution process.
If mediation fails, you may proceed with a due process hearing before an impartial administrative law judge. The ALJ will not determine the matter de novo or anew but will look at the record created during your dispute with the school district. For the due process hearing, you have certain rights, including:
- To be accompanied by an attorney,
- To present evidence and cross-examine witnesses,
- To compel the presence of witnesses,
- To obtain a record of the hearing, and
- To obtain a written version of the “findings of fact and decisions."
Protecting Your Student's Right to an Iowa Public Education
If you are struggling to ensure that your child has access to a free and appropriate public education, are facing challenges getting an Iowa school district to implement or enforce your child's IEP, or are facing problems with a Manifestation Determination Review, you're not alone. Many Iowa parents struggle to navigate the byzantine laws and regulations protecting special education students. But the seasoned Education Law Team at the Lento Law Firm can help protect your child's rights. They've been helping families like yours nationwide for years. Call 888-535-3686, or contact them online today to schedule your consultation.
