All students have a legal right to a free appropriate education. This includes students with disabilities. Also, the 1990 Individuals with Disabilities Act (IDEA) outlines the rights and protections students with disabilities have under federal law and what responsibilities schools have to equitably serve all students.
IDEA mandates that schools maintain and implement individualized education plans (IEPs) for students with qualifying disabilities. Section 504 of the Rehabilitation Act of 1973 is an important federal law requiring colleges and universities, including graduate and professional schools, to reasonably accommodate student disabilities. For example, they may need to provide accommodations in terms of equipment, facilities, testing, or schedules to positively impact a student's learning and achievement.
Title II of the Americans with Disabilities Act is another federal law requiring colleges and universities to reasonably accommodate qualifying student disabilities. Department of Education regulations outline these rights for students with physical impairments, intellectual disabilities, or learning disorders – ADHD, autism spectrum disorder, and dyslexia among them – as well as psychiatric conditions requiring psychoactive medication.
Beyond federal law, state and local laws also factor into what rights all students, including students with disabilities, are entitled to. Throughout the Delaware Valley, students and families should know what laws exist to protect them so they can successfully advocate for themselves or their children when they feel a school is not meeting their requirements. The Education Law Team at the LLF Law Firm are experienced in working with school districts to ensure students have the best possible support and structure to succeed in their education.
Philadelphia-Camden-Wilmington Metropolitan Area
The Greater Philadelphia Metropolitan Area is home to more than six million residents living in twelve counties spread throughout Northern Delaware, South Jersey, Southeastern Pennsylvania, and Maryland's Eastern Shore.
In New Jersey:
- Burlington County
- Camden County
- Gloucester County
- Salem County
In Pennsylvania:
- Bucks County
- Chester County
- Montgomery County
- Delaware County
- Philadelphia County
In Delaware:
- New Castle County
In Maryland:
- Cecil County
At the center of the Delaware Valley is Philadelphia, a biotech and venture capital mecca. The School District of Philadelphia serves more than 200,000 students.
Popular neighborhoods and suburbs nearby include Berwyn, Broomall, Bryn Mawr, Chestnut Hill, Fort Washington, Narberth, Penn Wynne, Wyncote, and Wyndmoor, PA, as well as Haddonfield and Moorestown-Lenola, NJ.
Districts throughout the Delaware Valley range from small to large and from urban to suburban and rural and serve students from a variety of socioeconomic backgrounds. Each district should have information about how they serve students with disabilities clearly outlined on their public websites. Get to know your district's policies and practices if you are preparing to advocate for your student.
As you prepare, you may wish to consult with a legal advisor. The Education Law Team at the LLF Law Firm can increase your chances of a positive outcome.
Colleges and Universities
The Philadelphia-Camden-Wilmington Metropolitan Area is also home to scores of colleges and universities. The Delaware Valley is one of the nation's leading regions for academia and academic research, with a considerable number of globally known and highly ranked universities.
These schools range from world-renowned Ivy League universities such as the University of Pennsylvania (including its Wharton School, considered the world's best business school) in Philadelphia to private colleges Haverford College, Swarthmore College, and Villanova University as well as the elite, historically women's college Bryn Mawr College to highly regarded state schools like Rutgers University, Temple University, and the University of Delaware to community colleges and vocational institutions.
These schools are required to abide by federal and state law. But there are important differences to note between K-12 schools and post-secondary schools. Students attending post-secondary schools are not protected by IDEA. A college or university may offer IEPs (often continuing a recent IEP from high school), discussed below, but they are not required to. Also, bear in mind that once a student turns 18, parents and guardians do not have the same rights they did when their student was a minor and attending a K-12 school.
If your college or university is failing in its legal obligations, hire qualified legal counsel such as the Education Law Team at the LLF Law Firm.
FAPE, Reasonable Accommodations, LRE, and IEPs Explained
Under ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973, schools are required to provide students with disabilities with the support and resources students need to complete their education, depending on age and grade level, as described above.
Some key components:
Free Appropriate Public Education (FAPE) is something that children in the United States, including those with disabilities, have a right to. For students with disabilities, this may mean receiving additional services or programs at no cost to families.
Individualized Education Programs (IEPs) are collaboratively created plans that guide which supports and services students need to meet academic standards. They can be adjusted as needed.
Reasonable accommodations are the modifications a school makes to provide students with disabilities the same quality of education as the general student population, depending on cost, available resources, and other factors.
Least Restrictive Environment (LRE) has to do with inclusive classrooms. Students with disabilities should be removed from general classrooms as little as possible so they can be a part of the larger school community. Often this means assigning a one-on-one aide to support the student in the classroom.
Ideally, these four categories of rights and interventions work together to give students with disabilities the best possible educational experience.
State Laws Protecting Students With Disabilities
The four states that comprise the Delaware Valley also have laws for protecting students with disabilities.
Pennsylvania Special Education Laws
The Special Education regulations in the Commonwealth of Pennsylvania for school districts are found under the 22 PA Code, Chapter 14, which provides regulatory guidance to ensure compliance with federal law.
Like federal law, Pennsylvania state law also requires that schools are held accountable to students with disabilities by including them in state assessments.
Pennsylvania's Bureau of Special Education works with schools to ensure students have access to "quality and meaningful education supports, services, and opportunities."
Families who wish to file a complaint with PDE's Bureau of Special Education are directed to use a Complaint Packet, and Form found on their website and must provide a statement showing that the Local Education Agency or other public agency has violated a requirement of IDEA and/or 22 Pa. Code, Chapters 14 or 711.
The experienced Education Law Team at the LLF Law Firm can help guide families and students through this process.
Delaware Special Education Laws
The State of Delaware utilizes Delaware's Exceptional Children Resources workgroup to provide information about rights and resources for students with disabilities living in Delaware, including New Castle County's six school districts, Appoquinimink, Brandywine, Christina, Colonial, New Castle County Votech, and Red Clay Consolidated, and Smyrna school districts.
State laws concerning the education of students with disabilities include 14 Del.C. §3110 and 10 DE Reg. 1816). Delaware law specifically calls out expectations around reading by age 7 and requires that if any student with a disability is not beginning to read by age 7, their IEP must:
- "Enumerate the specific, evidence-based interventions that are being provided to that student to address the student's inability to read"
and
- "Provide for evidence-based interventions through extended year services during the summer absent a specific explanation in the IEP as to why such services are inappropriate."
If your child attends a school district in New Castle County, DE, and you believe they have been denied the supports and services they are entitled to under state and federal law, you may wish to submit a state complaint to the Delaware Department of Education or file a due process complaint to request a hearing.
The experienced Education Law Team at the LLF Law Firm can help guide families and students through this process.
Maryland Special Education Laws
Maryland's Department of Disabilities outlines how they serve students with disabilities, specific to grade level (0-3 years, 3-5 years, and general K-12). Programs include Early Childhood Special Education, Pre-K Special Education, and K-12 Special Education (IPEs).
If a public school cannot meet a student's needs, the student may be offered placement in a private school, or for intensive needs, a nonpublic special education school, or MANSEF school.
Maryland's Department of Education's Early Intervention and Special Education Services is the office that is accountable for how Maryland serves its students with disabilities.
If your child attends K-12 school in Cecil County, MD, and you believe their school is failing to meet IDEA and accompanying state and federal regulations, you may wish to file a State Complaint to the Maryland State Department of Education's Division of Early Intervention and Special Education Services. Complaints must include a statement indicating that a public agency has violated special education laws or regulations as well as facts, such as documentation, supporting the complaint.
For years, the Education Law Team have helped countless students across the nation get the disability rights and accommodations they are entitled to.
New Jersey Special Education Laws
New Jersey's Office of Special Education monitors the implementation of federal law within the state. This office also oversees four Learning Resource Centers (LRC) and provides training and assistance for both professionals and families.
All school districts in New Jersey must "ensure that a special education parent advisory group (SEPAG) is in place in the district to provide input to the district on issues concerning students with disabilities" (New Jersey Administrative Code 6A:14).
New Jersey's Administrative Code includes a code called PRISE (Parental Rights in Special Education) which outlines families' and students' rights pertaining to special education. Schools are required to provide you with a copy of the code at your student's IEP meeting.
If you and your child's school district are not in agreement about identification, evaluation, services, or placement, and you wish to take legal action, you can request an impartial due process hearing by describing the problem and supporting facts and proposing a solution to the problem. As a part of this, you can request mediation. Your child's school district has 15 days after receiving your request to meet with you.
If you believe your child would benefit from either of these services and your local district disagrees, you should work with the experienced Education Law Team at the LLF Law Firm.
Protect Your Student's Right to an Education
The law provides all students with the right to free appropriate public education. If you live in the Delaware Valley, you need to be aware of both federal law and relevant state laws. If and when a school district is failing to support your child, you need to know all the available laws and services in your area.
The LLF Law Firm is a premier national education law firm serving students with disabilities and their families. They are passionate and experienced advocates who will protect your or your student's rights. Call 888-535-3686 for a consultation now, or use the online service.
