The Hampton Roads Metropolitan Area
Spread out amongst two states, the Virginia Beach-Norfolk-Newport News Metropolitan Area is also commonly known as “Hampton Roads” and encompasses a diverse region situated in southeastern Virginia and northeastern North Carolina. The area has deep historic roots tracing back to 18th-century life and offers beautiful beaches such as Virginia Beach, Ocean Beach, and Sandbridge Beach. According to data from the 2021 Census Report, the area is home to 1,806,423 people spread across 3,530.4 miles.
The counties and cities within the region include some of the following:
- Camden County, North Carolina
- Camden
- Shiloh
- South Mills
- Currituck County, North Carolina
- Aydlett
- Barco
- Coinjock
- Corolla
- Currituck
- Grandy
- Harbinger
- Jarvisburg
- Knotts Island
- Maple
- Moyock
- Point Harbor
- Poplar Branch
- Point
- Gates County, North Carolina
- Corapeake
- Eure
- Gates
- Gatesville
- Hobbsville
- Roduco
- Sunbury
The Gloucester County, Isle of Wright County, Matthews County, Southampton County, and York County Metropolitan Area
- Gloucester County, Virginia
- Achilles
- Ark
- Bena
- Dutton
- Gloucester
- Gloucester Point
- Hayes
- Maryus
- Ordinary
- Schley
- Ware Neck
- White Marsh
- Wicomico
- Woods Cross Roads
- Isle of Wight County, Virginia
- Battery Park
- Carrollton
- Carrsville
- Rescue
- Smithfield
- Windsor
- Zuni
- Matthews County, Virginia
- Bohannon
- Cardinal
- Cobbs Creek
- Diggs
- Foster
- Grimstead
- Gwynn
- Hallieford
- Hudgins
- Mathews
- Moon
- New Point
- North
- Onemo
- Port Haywood
- Susan
- Southampton County, Virginia
- Boykins
- Branchville
- Capron
- Courtland
- Drewryville
- Ivor
- Newsoms
- Sedley
- York County, Virginia
- Hampton
- Lackey
- Lightfoot
- Seaford
- Yorktown
School Districts, Private Schools, and Universities in the Hampton Roads Metropolitan Area
The Hampton Roads Metropolitan area is home to dozens of school districts with a great deal of diversity in terms of their student populations and funding. Some public school districts include York County School Division, Virginia Beach City Public School, Chesapeake Public Schools, Currituck County Schools, and Newport News City Public Schools. Although each of these districts may have different policies in place for their disabled students, they must follow federal and state education laws.
Do Federal Laws Apply to Private Schools?
The Hampton Roads Metropolitan Area is also home to many well-known private schools such as Cape Henry Collegiate, Catholic High School, St. Gregory The Great School, Norfolk Academy, and Hampton Roads Academy.
Private schools are often not bound by the same federal education laws because they rely on tuition costs rather than federal funding. Private schools may sometimes receive federal funds, affecting what federal laws apply on their campuses.
The applicability of special education laws in private schools is a nuanced area. In most cases, federal education laws do not apply to private schools. While private schools are not required to provide special education services outlined under the IDEA, school districts can provide private school students with publicly funded services depending on the district and the individual student. The ADA, however, is not dependent on whether the private school receives federal funding, and therefore private schools must still comply with requirements under the ADA.
Colleges and Universities in the Hampton Roads Area
The area is also home to many colleges and universities. These schools include William & Mary University, Regent University, Norfolk State University, and Hampton University. Although many might assume that their child's special educational rights are extinguished when they graduate from high school, this is not necessarily the case. Although the IDEA no longer applies at the collegiate level, many schools have policies that adopt components of the ADA to ensure that disabled students are free from discriminatory treatment on campus.
Students who received supportive accommodations during their K-12 tenure, such as additional time on tests, teacher-provided copies of notes, etc., are most likely still eligible to receive similar supportive measures while in undergraduate and graduate programs. If you are a college student facing discriminatory treatment due to a mental, emotional, or physical disability, contact our Education Law Team today for help.
Federal Special Education Laws
The Americans With Disabilities Act (“ADA”) and the Individuals With Disabilities Education Act (“IDEA”) are the two primary federal statutes that protect special needs students. Together, these laws provide it possible for students with physical, emotional, or mental challenges to not only access their education but also to make meaningful academic progress. The regulations also establish stringent requirements that public schools must meet while educating any student who has or is suspected of having a disability.
The Individuals With Disabilities Education Act
The IDEA was first passed in 1975 and is a federal law that protects the rights of students with disabilities. Although the law has seen some updates throughout the years, it mainly protects disabled students by requiring school districts to provide modifications, support, and services tailored to their unique educational needs.
FAPE
The most frequently used term from the IDEA is the acronym “FAPE,” which stands for free and appropriate public education. Under the IDEA, public schools must provide eligible students aged 3-21 (or graduation from high school, whichever comes sooner) with a unique education program designed to receive an educational benefit and make academic progress at the public's expense. What is appropriate will vary from student to student.
Child Find
IDEA also has specific laws that require school districts to find, identify, and assess any student within their district whom they suspect might need special education services under a doctrine referred to as “Child Find. Child Find requires school districts to find, identify, and assess any student within their district who may need special education services.
Under Child Find, if an educator has any reason to suspect that a student may have a disability, they must arrange for the student to be assessed for special education services. School Districts are expected to use various methods to find children who need special education assessments. These methods may include locating and identifying children through referrals from parents and teachers, screening procedures, and existing school-based programs such as gifted services, reading programs, etc.
IDEA Eligibility
After conducting thorough assessments, a school district must determine whether that student qualifies for special education services such that one or more identified disabilities affects their ability to access their education. Under the IDEA, a student can qualify for special education services if they have a disability in one or more of the following 13 separate eligibility categories:
- Specific learning disabilities such as dyslexia or dysgraphia.
- Other Health Impairments that may limit a student's strength, energy, or alertness, such as ADHD.
- Autism Spectrum Disorder.
- Emotional Disturbances such as generalized anxiety disorder, depression, oppositional defiant disorder, etc.
- Speech and Language Impairments such as receptive or expressive speech disorders.
- Visual impairments.
- Deafness.
- Hearing impairments that are not considered deafness.
- Deafblindness.
- Intellectual Disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or lower-than-average cognitive abilities.
- Orthopedic impairments such as Cerebral Palsy.
- Traumatic Brain Injury.
- Multiple Disabilities
If you believe your child's school has failed in its Child Find duties, contact the Lento Law Firm's Education Law Team for assistance.
Individualized Education Plans
After school districts conduct assessments and evaluations, they must hold an Individualized Education Plan (“IEP”) meeting to determine if a student is eligible for special education services. If a district finds a student eligible, it must provide them with an IEP designed to meet the student's unique needs. Every IEP is different and should be written in a way that helps each student make academic progress. IEPs can include services such as counseling, occupational therapy, reading support, or accommodations such as more time on tests or modifications like reduced homework.
If a district fails to draft an appropriate IEP or implement it as written, parents can challenge the district's actions because their student was denied FAPE under the IDEA. In these instances, families can challenge these decisions by filing a Due Process Complaint, attending mediation, and, if necessary, proceeding to an administrative hearing before a hearing officer.
IEP Components
Although each IEP will differ from student to student, Section 300.321 of the IDEA requires that each IEP include the following components:
- A description of the student's “present levels of academic and functional performance,” which will be used to help the team draft the student's upcoming goals.
- Annual goals that are uniquely tailored to a student's needs. These goals must be measurable and ambitious.
- A statement on what related services (if any) will be implemented to help students achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech, and language services, etc.
- Any accommodations that will help students more easily access their education, such as preferential seating, assistive devices, etc.
- Any modifications to the curriculum that the team may decide on, such as limited homework assignments, longer time to complete tasks, etc.
- A description of the student's academic placement with specific attention to how much time a student will spend in general education versus a particular education setting.
Least Restrictive Environment
The acronym “LRE” stands for “Least Restrictive Environment.” A student's LRE is a concept guaranteed to them under Section 300.114 of the IDEA that gives them the right to receive an education alongside their non-disabled peers to the greatest extent possible. In essence, a student's LRE rights guarantee them the right to be free from academic segregation.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities Act (“ADA”) is another critical piece of federal legislation that protects students with special needs. The law protects disabled students in schools by ensuring they receive equal educational opportunities as their non-disabled peers. This Act further protects all disabled students from preschool through post-secondary education by ensuring that they receive educational opportunities in a manner that is equal to their non-disabled peers. Under the ADA, schools must provide things like services, programs, accommodations, and activities for disabled students which help them integrate into campus life.
Equally important, Section 504 of the Rehabilitation Act of 1973 (“Section 504”) requires schools to modify their policies and practices so students with disabilities can participate in school programs and activities alongside their non-disabled peers. A Section 504 Plan focuses on what reasonable accommodations a student should receive to access their education. An IEP, on the other hand, is more comprehensive and reserved for students who need a tailored educational plan rather than just accommodations to access their education.
If you believe that your special needs student has been discriminated against because of their disability because they have been denied access to programs, segregated from their peers, etc., contact our Education Law Team today for assistance.
What Laws Protect My Disabled Student From Being Bullied?
The IDEA does not directly address bullying. However, the IDEA does require that disabled students be able to access their education in a way that is meaningfully beneficial to them. If your student is anxious, sad, or depressed at school because of bullying, the school has failed to create an accessible educational environment. Section 504 and the ADA also mandate that schools create safe and inclusive environments for disabled students. If your student has been victimized and bullied because of their disability, compensatory education may be available.
North Carolina Law
The IDEA is adopted by North Carolina's state law found within the state's General Statutes, Article 9, §115C, most commonly referred to as “Article 9.” Aside from detailing the methods and procedures school districts must adopt to ensure that they comply with the IDEA, Article 9 also describes the process parents and guardians must take when filing a complaint against a school district or local education agency.
Virginia Law
The IDEA is also adopted into Virginia state law within Chapter 81 of the state's Administrative Code entitled “Regulations Governing Special Education Programs for Children With Disabilities In Virginia.” The chapter is expansive and addresses requirements under the IDEA, procedures for filing a due process complaint, and the division of funds to assist children with disabilities in state-operated programs. Section 340 further sets minimum caseload staffing requirements for special education classrooms with considerations such as the age and disability of the children in the classroom and whether they attend school with a paraprofessional.
Special Education Attorney-Advisors in the Virginia Beach-Norfolk-Newport News Metropolitan Area
If you live in the greater Hampton Roads Metropolitan Area and feel concerned about the direction of your student's academic progress and happiness at their school, we can help. Our experienced Education Law Team can help you navigate the complex federal, state, and local laws that protect your student. Our thoughtful and pragmatic approach emphasizes compassionate and competent representation. Contact us today by calling (888)535-3686 or utilizing our online contact form.
