In the United States, students with disabilities have certain rights under federal law. The Americans with Disabilities Act (ADA) and the Disabilities Education Act (IDEA) are the cornerstones of disability rights in education in the U.S. The ADA and IDEA place requirements on schools concerning students with disabilities, particularly K-12 students.
Depending on your state and region, there may be additional laws that provide protection and support for students with disabilities. If you live in the Birmingham-Hoover metro area of Alabama, you and your kids need to be aware of the federal, state, and local laws that apply to students with disabilities.
It's important to note that this framework of rights and protections provided by law generally only applies to public schools. Private schools are allowed to make their own policies.
If your or your child's school is not providing adequate support, you should be prepared to speak up. You need to have a basic understanding of the education disability rights in Birmingham-Hoover schools so you can advocate for your child. The Education Law Team at the Lento Law Firm has experience working with students and families nationwide to ensure they're receiving the education that meets their needs.
Birmingham-Hoover Metro Area
The Lento Law Firm Education Law Team proudly works with students and their families throughout the Birmingham-Hoover metro area, including the residents of Jefferson, Blount, St. Clair, Shelby, Chilton, and Bibb counties and the cities of Alabaster and Calera.
The Birmingham-Hoover metro region is home to more than 1.1 million residents, making it the largest metro area in Alabama and the twenty-sixth most populous in the Southeastern U.S. The metro area contains several school districts as well, including:
- Alabaster City School District
- Bessemer City School District
- Bibb County School District
- Birmingham City Schools
- Blount County School District
- Chilton County School District
- Fairfield City School District
- Higdon Hill School
- Homewood City School District
- Hoover City School District
- Jefferson County School District
- Leeds City School District
- Midfield City School District
- Mountain Brook City School District
- Oneonta City School District
- Pelham City School District
- Pell City School District
- Shelby County School District
- St Clair County School District
- Tarrant City School District
- Trussville City School District
- Vestavia Hills City School District
Although these public school districts are all part of the same metro area and may be situated geographically close to one another, they're all different. They have distinct policies, populations, and demographics. What they all have in common is the requirement to follow federal and Alabama state laws when it comes to disability education.
If you or your child attends school in any of these districts, the Lento Law Firm Education Law Team can help you with a disability education problem. If you don't think your school district is treating your child properly or isn't providing adequate educational opportunities, our firm can assist you.
Colleges and Universities in Birmingham, AL
The Birmingham-Hoover metro area is also home to dozens of colleges and universities. These institutions must also follow federal and state laws concerning students with disabilities, although the rules are a bit less extensive for students who are no longer in K-12.
Birmingham and the surrounding area are home to many institutions of higher education. Some of the most well-known are:
- Jefferson State Community College
- University of Alabama at Birmingham
- Strayer University
- Birmingham-Southern College
- Samford University
- University of Montevallo
- Miles College
- Herzing University – Birmingham
If you attend these schools or another public college or university in the Birmingham-Hoover metro area and you feel you're not receiving adequate accommodations for your disability, the Lento Law Firm Education Law Team can help.
Keep in mind that the required level of services for disabled students is lower at colleges and universities than at K-12 schools. Professors aren't obligated to develop individualized education programs (IEPs), and they usually don't have to involve the student's parents or guardians when it comes to disability accommodations (since most college students are at least 18, making them legal adults).
Institutions of higher education still must abide by federal law, though. They must have fair admission standards and offer disability accommodations to students who ask for them.
Understanding FAPE, Reasonable Accommodations, and IEPs
All students who attend public schools in the Birmingham-Hoover metropolitan area are covered by federal and state law. But what does that mean, exactly?
Federal Disability Education Laws
In the U.S., every child has the right to a free public education. This right applies to all students equally, including students with disabilities.
The ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 specify disability in education. These laws state that public schools must provide students with whatever materials and support they need to obtain their education, especially if they are disabled.
Federal law covers physical disabilities—which is why all public schools are required to have wheelchair access points and elevators. Schools must also accommodate so-called “hidden disabilities” such as dyslexia, ADD, and ADHD. The law states disabilities that schools must provide accommodations for:
- Autism
- Deaf-blindness
- Deafness
- Developmental delay
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (OHI)
- Preschool severe delay
- Specific learning disability (SLD)
- Speech or language impairment (SLI)
- Traumatic brain injury (TBI)
- Visual impairment
These federal laws also explain which kinds of services schools must provide to students with disabilities in order to provide an equal education.
Free Appropriate Public Education (FAPE)
All U.S. schoolchildren deserve a “free and appropriate education” (FAPE). While this principle applies to disabled students, it's also been expanded over the years to include all members of protected classes. It's especially important for students with disabilities, however, because it requires school districts to provide whatever resources they need to have an education—without regard to cost. If your child needs a tutor, the district must provide one.
Of course, these expenses have to be within reason and cannot interfere with the education of other students. One of the most important aspects of FAPE when it comes to disabled students is taking the financial burden off of parents.
Individualized Education Programs (IEPs)
Federal law entitles all K-12 students with disabilities to an individualized education program (IEP) if they need one. An IEP is a plan that sets out goals for your child's education and the steps needed to reach those goals. You have a right to be consulted when the school develops your child's IEP, and you can suggest modifications to the plan as you deem necessary.
Reasonable Accommodations
The idea of reasonable accommodations means that school districts must provide what disabled students need to have an education. The financial burden for these materials or support services rests on the district and not on the parents—within reason. Reasonable accommodations can take several forms. Common examples are instructors allowing students to complete homework, take exams, and write papers in formats or settings tailored to their specific needs.
Least Restrictive Environment (LRE)
The principle of least restrictive environment states that students learn best when in educational settings with their peers. No student should be forced out of a mainstream classroom, regardless of their disability. In some cases, however, “least restrictive” doesn't mean a regular classroom. Districts can move students to an “alternative” learning environment if they feel this setting is the best option for the student academically.
Districts aren't allowed to take students out of regular classrooms without clear, stated, and specific reasons, however. As a parent, you have a say in the decision to move your child to an alternative educational environment if a disability is cited as the reason.
Alabama State Law
The Alabama Administrative Code has an entire chapter dedicated to special education services in the state. It incorporates the principle of FAPE and follows the federal law IDEA, but it expands upon these laws and provides guidelines to local school districts on how to administer education programs for children with disabilities.
Alabama's program for identifying children with special needs is called Child Find. The Child Find law has practical methods for helping districts identify children from ages 0 to 21 who may need disability education services. Child Find applies to all schools in Alabama, even private and religious schools. Some of the rules regarding Child Find are:
- A school must try to help a student in general education using intervention strategies for at least eight weeks before the student can be referred to special education services.
- A child must be screened before they are admitted to special education services.
- The eight-week intervention must be formally documented before the child can be admitted to special education services.
In Alabama, children must be eligible for special education services. This eligibility is determined by an Eligibility Committee or IEP Team that assesses and evaluates the child. To receive special education services, the child must be under 21 years old before August 1 in the year they are referred and not have obtained their Alabama High School Diploma. To access special education services for preschoolers, children must be under three years old.
Alabama law also stipulates how IEPs should be handled. Some of the important rules to know about IEPs in Alabama are:
- School districts must try to ensure one or both of the parents of the child with a disability are present at each IEP meeting and have the opportunity to participate in the IEP development.
- IEPs should be tailored to a student's specific needs, not to their disability.
- A child's IEP must reviewed at least once per year to determine if it's still helping the child reach their academic progress goals.
Birmingham City Schools Special Education Department
Birmingham City Schools offer several services through its Special Education Department, including:
- Processing referrals for evaluation to join special education services
- Individual evaluation to determine eligibility for special education
- Instructional support and services to eligible students with disabilities
The Department also facilitates training for teachers regarding IEPs and implementation of special education services in schools and coordinates training for parents on how to deal with the special education process.
Hoover City Schools Instructional Support Services
In the Hoover City Schools system, the Instructional Support Services handle disability education for students. They handle referrals and eligibility and have a proactive model for intervening before a student has to be referred to special education services. Schools have Problem-Solving Teams that aim to address any areas where the student is struggling in the general education setting. These teams help identify students' strengths and needs, provide support for teachers and parents, and regularly monitor students' progress.
Protect Your Student's Right to an Education
State and federal law provides all students with the right to a free and appropriate public education. If you live in the Birmingham-Hoover metro area, you need to know what these laws are so you can advocate for yourself or your children. When a district fails to meet your or your child's learning needs, you need to take action.
An attorney can help by ensuring your child's rights are protected. Disability Education attorneys like the Education Law Team at the Lento Law Firm are familiar with both federal and state law concerning disability education services. They can speak with school officials and program administrators about entry requirements and negotiate for more adequate instruction for your child. If it comes to it, an attorney can also help you litigate against the school district for not providing your child with the education they are entitled to under federal and Alabama state law.
The Lento Law Firm is a National Education Law firm serving students with disabilities in Alabama and across the country. We're a passionate and experienced team of education lawyers who will help protect your student's rights. Call us today at 888-535-3686 or contact us online to book a consultation.
