The United States has two federal laws that were written to protect students with disabilities: the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). While both laws have different specifics, they both outline the obligations the federal and state governments must provide to students with disabilities, especially those in public schools.
Like most laws in the U.S., the ADA and IDEA guidelines can be expanded on by individual state and local administrations. As such, public school families residing in the Charleston metropolitan area need to be familiar with all the laws (federal, state, and local) that may affect them.
If your child has a qualifying disability and is not receiving the support they need, you have the right to advocate for your child. However, the Lento Law Firm understands how difficult this can be to do on your own. They have the experience and fighting spirit to ensure your child receives the best possible support academically and socially. Call our offices today at 888-535-3686 or schedule a consultation online.
Charleston Metropolitan Area
The Charleston metropolitan area is located in southeastern South Carolina. It is commonly referred to as the “Tri-County Area” or the “Lowcountry” and has a population of over 800,000 residents. The counties that make up this area include Charleston, Berkeley, and Dorchester, with the largest cities being:
- Charleston
- North Charleston
- Mount Pleasant
- Summerville
- Goose Creek
- Hanahan
- Moncks Corner
- James Island
- Hollywood
- Isle of Palms
The Charleston metropolitan area is home to diverse groups of people from all walks of life, including numerous individuals in the armed forces stationed there. Each of these communities, however, follows the same federal regulations as the rest of South Carolina. However, they may also have specific policies and procedures for students with disabilities.
Learning the exact policies your school has will help you not only learn what support your child qualifies for but also understand how to maximize that support to your child's benefit.
Colleges and Universities
Within the Charleston metro area are several colleges, universities, graduate schools, and technical schools, including:
- Citadel Military College of South Carolina
- College of Charleston
- Charleston Southern University
- Medical University of South Carolina
- Charleston School of Law
- Trident Technical College
- College of Charleston Business School
While these schools must follow state and federal law, they tend to have some wiggle room when it comes to the policies concerning students with disabilities. For instance, the IDEA does not apply to students with disabilities after they graduate from twelfth grade. Additionally, Individualized Education Plans (IEPs) are not required after high school. As such, post-graduate schools do not have to offer the same services the student received through their IEP in high school – though some will still use an IEP as guidance for accommodations.
Though this seems unfair, and in many cases it is, the expectation is that if a student is old enough to enter college, they have the age and maturity to advocate for themselves and no longer require their parents' help.
Understanding FAPE, Reasonable Accommodations, and IEPs
Both the ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 obligate schools to provide students with qualifying disabilities the services and accommodations they need to complete their elementary and secondary school education.
- Free Appropriate Public Education (FAPE): Federal law requires that all children in the U.S., including those with disabilities, receive a FAPE. For students with disabilities to receive a FAPE, the government has also mandated that they receive additional services and accommodations at no additional cost.
- Individualized Education Programs (IEPs): a legally binding document that is drafted by the parent, teacher, IEP evaluator, and, in some cases, the student, that includes the child's annual goals and the accommodations and services the school will provide so the child can try to reach those goals.
- Reasonable accommodations: services the school will provide to students with disabilities so they can achieve the same level of education as their non-disabled peers. Schools will consider several factors when determining if an accommodation is “reasonable,” including cost and use of resources.
- Least restrictive environment (LRE): school districts are required to place students with disabilities in the least restrictive environment so they can be part of the school community. Sometimes, the LRE is a classroom with non-disabled peers and other times; it is a particular special education school. Where a child is placed will depend on their disability and what is in their best interest.
In the best of cases, the IEP, FAPE, LRE, and reasonable accommodations will work in tandem to give students with disabilities the support they need to succeed.
South Carolina Law
South Carolina legislation follows the federal laws for educating students with disabilities, but it expands these laws when it comes to preschool-aged children. As such, not only do students between the ages of kindergarten and twelfth grade qualify for IEPs, but children in preschool between the ages of three and five do as well. In addition, parents can pursue early intervention for children under the age of three by utilizing South Carolina's BabyNet system.
If you think your child would benefit from services and accommodations before starting kindergarten, it is important that you reach out to your South Carolina Department of Education. But, if you find that the department is running too slowly or dropping the ball in some other way, the Lento Law Firm Education Law Team can help.
Every Student Succeeds Act
In 2015, South Carolina signed the Every Student Succeeds (ESSA) into law, which reauthorized the Elementary and Secondary Education Act of 1965 and introduced key requirements from the No Child Left Behind Act of 2001. ESSA requires the state to provide equal opportunity for all students, including those with disabilities and encourages the state and schools to work together to figure out how best to do this.
With the No Child Left Behind Act, states were fully responsible for holding schools accountable for a student's academic achievements. There was a collective goal that all students in all schools be competent in reading and math. However, with ESSA, states now have a flexible framework for holding schools accountable for their students' academic achievements, and the goals for such achievements can be specific to that particular state.
To ensure the ESSA continues to provide flexibility to the state, the law stipulates that the state must consider more than just test scores when assessing schools. The four academic factors the law requires the state to use in this assessment are:
- Test scores in reading and math.
- High school graduation rates.
- State-chosen academic measure for elementary and middle schools.
- English-language proficiency test scores.
The state then gets to choose a fifth factor that revolves around school quality. For instance, they might choose something like school climate and safety, chronic absenteeism, or college readiness to hold a school accountable.
Another feature of ESSA is the mandate that states and school districts must have a plan for helping schools that have a specific group of students, such as those in special education, who are struggling. Once that group is identified, the state must inform the parents of the issue and work to help those students succeed.
If you believe your state is failing to hold your school accountable, or your school is not implementing the state's guidelines under the ESSA, Lento Law Firm can help. Our attorneys will reach out to the school, the school district, and even South Carolina's Department of Education to ensure the ESSA is being upheld at your school. If it is not, the state could be fined significantly or punished in some other way.
South Carolina Department of Education
The South Carolina Department of Education Special Education Services office provides several services and accommodations for students with disabilities. These services are categorized by age range. For instance, they have services that are tailored to ages 0 to 3 years old and another for preschool-aged children. Other of their programs help children with disabilities in elementary and middle school to high school and beyond.
Services for Children Prior to 6 Years Old
All children develop at different rates. Sure, there are particular milestones and suggested ages that these milestones should be achieved, but for the most part, every child is on their own path. However, if you believe your child's development is veering off track or slower than other children their age, South Carolina's early intervention programs can help.
BabyNet
BabyNet is a system of services in South Carolina for children under the age of 3. If you believe your child would qualify for these services, they will first need to be evaluated to see if they have any developmental delays or conditions associated with developmental delays.
Anyone can refer a child to BabyNet – parents, guardians, doctors, daycare attendants, etc. Once referred, the child will be evaluated to ensure they qualify for services, and then services will be agreed upon and implemented. However, if you are denied services under BabyNet, you can file a complaint that states your child's rights are being violated.
Violation complaints must be submitted in writing within one year of the supposed violation. Then, there will be a mediation process, followed by a due process hearing if the issue cannot be resolved otherwise.
Early Intervention
The Early Intervention initiative in South Carolina is for children under the age of six. It provides families with in-home services that will help them understand their child's developmental delays and how they can support their development.
In some cases, an early intervention evaluation may recommend additional services to aid in the child's development. Typically, these services include physical therapy, speech therapy, or assistive technology that can help the child communicate better or get around easier.
First Steps Early Identification and Referral Program
This program offers families developmental screenings for their children under the age of five and referrals to suitable support services and resources. First Steps believes that when developmental screenings are conducted, it leads to an increase in participation in services – which gives children with special needs a higher rate of success.
Other Services for Charleston Metropolitan Area Students
In addition to the services South Carolina offers to children with disabilities under the age of six in the Charleston metropolitan area, they also offer several other services, such as:
- Help Me Grow South Carolina is a no-cost program that guides caregivers in how to provide healthy first relationships, get access to healthcare and proper nutrition, and quality early learning programs to ensure their child has every chance to succeed.
- Department of Mental Health Child Adolescent and Family Services: The SC Department of Mental Health offers parents of children with serious mental illnesses and significant emotional disorders (which are considered qualifying disabilities under the IDEA) an opportunity to find supplemental services that will help them thrive, both personally and academically.
- PASOs: This program serves SC's Latino families by arranging for children under the age of five to be screened for developmental delays. If a child qualifies for specialty care or additional services, PASOs will connect them to it. They also provide resources to address hunger and medical care needs.
Whichever program you try to pursue, it is important to remember that it is your right to take part in it. If you are denied for any reason, even if it is because the agency believes your child does not qualify for the program, the Lento Law Firm Education Law Team can help.
How a Premier Education Law Team Can Help
Lento Law Firm has helped students with disabilities all over the country to ensure they receive the accommodations and services necessary to help them succeed in school. When students are denied the help they need, it can put a significant burden on the entire family. Many parents and guardians decide to pursue a resolution on their own, only to find themselves overwhelmed and unsuccessful.
You already have a lot on your plate. Let Lento Law Firm's experienced attorneys help. Call 888-535-3686 today or schedule a consultation online.
