Two major federal laws protect the educational rights of special needs students, The Americans With Disabilities Act (“ADA”) and the Individuals With Disabilities Education Act (“IDEA.”) Together, these laws ensure that students with mental, emotional, and physical disabilities receive not only fair treatment in the American school system but also the ability to make meaningful academic progress in their education. By putting minimum protections in place, these laws also set strict standards that public schools must adhere to when educating any child who already has or is suspected of having a disability.
Education laws then funnel down from the federal level to the state, county, and school district, such as Carmel Clay School District or Anderson School District, where a student resides. Parents of students with disabilities in The Indianapolis Metropolitan Area should be informed of the federal and state laws that protect their children as well as any local policies that may affect how these laws are being implemented. The Lento Law Firm's Education Law Team can help. Call (888) 535-3686 or reach out through our online contact form.
Indianapolis Metropolitan Area
According to data from The 2021 Census, the Indianapolis Metropolitan Area is home to approximately 2,129,479 people who are spread out amongst 4,306 square miles. A large majority of the population consists of families headed by married couples. The area is made up of the following counties as well as some of their major cities:
- Marion County
- Beech Grove
- Southport
- Lawrence
- Hamilton County
- Carmel
- Fishers
- Nobelsville
- Westfield
- Hendricks County
- Amo
- Danville
- Jamestown
- Johnson County
- Franklin
- Greenwood
- Madison County
- Alexandria
- Anderson
- Elwood
- Hancock County
- Greenfield
- Morgan County
- Martinsville
- Boone County
- Lebanon
- Shelby County
- Shelbyville
- Putnam County
- Greencastle
- Brown County
- Nashville
School Districts, Private Schools, and Universities in the Indianapolis Metropolitan Area
The Indianapolis Metropolitan area is home to dozens of school districts that span a wide array of socioeconomic communities. The largest school district is Indianapolis 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.
Some well-known private schools include Geo Focus Academy, Bishop Chathard, Brebauf Jesuit Preparatory School, and Heritage Christian School. If your special needs student is currently attending a private school, it's important to understand that, in most cases, these schools will not be bound by the same federal education laws. Unless a private school receives federal funds, federal laws do not apply.
In some circumstances, a school district may place a student at a private school that is better suited to serve their needs. If this is the case, that student's IDEA rights will apply as if they were enrolled at a public school. In other instances where parents choose to enroll a student at a private school, the district may use their funds to provide that student with special education services such as occupational therapy, speech therapy, etc.
Colleges and Universities
The Indianapolis Metropolitan Area is home to dozens of higher institutions, including Butler University, University of Indianapolis, Purdue University, and Marian University.
Although the IDEA does not apply at the collegiate level, students who had Individualized Education Plans (“IEPs”) in high school can use their special education experience to advocate for themselves at the collegiate level. Students can also share their IEP or high school assessments with their school's disability office to request disability accommodations such as teacher-provided copies of notes, scribes, books on tape, etc.
While advocating for themselves in college may seem scary, schools will expect to speak to the student rather than their parents. Federal education law mandates that students assume responsibility for their educational rights on their 18th birthday. If you have a special needs student who is nearing college or already in college, you should encourage them to start advocating for their educational needs.
Although the IDEA does not apply at the collegiate level, both the ADA as well as Section 504 of the Rehabilitation Act of 1973 do apply. Both these laws ensure that disabled students receive equal educational opportunities as their non-disabled peers.
What is the IDEA?
The IDEA is a federal law that protects the rights of students with disabilities by requiring school districts to provide modifications, support, and services tailored to their unique educational needs. In fact, most of the special education terminology used in the K-12 setting can be traced back to different sections of the IDEA.
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 special education program that is designed for them to both receive an educational benefit and make educational progress.
Other Important Terms Under the IDEA
Child Find
Under the IDEA, school districts must adhere to a doctrine known as “Child Find.” Child Find requires school districts to “find, identify, and assess” any student within their district who may need special education services. The bar for this requirement is extremely low. When in doubt about a student's needs, districts must conduct assessments to ensure that the student does not have a qualifying educational disability.
After a school district assesses a student, they must then determine whether that student qualifies for special education services. The IDEA identifies 13 separate eligibility categories, which include:
- 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.
- Deaf blindness.
- 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 a school district fails to properly find, identify, and assess a student who is eligible to receive special education services due to a disability in any of the above categories, parents can seek compensatory educational services and funds by filing a formal complaint known as a “Due Process Complaint.” If you believe that your child's school has failed in its Child Find duties, contact the Lento Law Firm's Education Law Team for assistance.
IEPs
Under the IDEA, school districts must provide qualifying disabled students with a legally binding Individualized Education Program (“IEP) that is uniquely tailored to their individual needs. An IEP is essentially a contract between a school district, and a student that details what steps the school district will take each year to help a student reach their educational goals. If a school district fails to draft an appropriate IEP or fails to implement it according to its terms, parents can bring a legal complaint, known as a due process complaint, against the school district. Parents are barred under the IDEA from seeking strictly monetary damages but can pursue compensatory education costs for services such as tutoring, counseling, speech therapy, etc.
IEPs are drafted with input from IEP team members. Members consist of a handful of participants, including a student's teachers, counselors, service providers, parents, etc. Under the IDEA, the team must meet at least annually to agree upon an IEP that will be in place for the upcoming academic year. The law also requires that parents be seen as meaningful participants in this process.
Although each IEP will differ from student to student, the IDEA requires that it include at least 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 put in place to help a student achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech and language services, etc.
- Any accommodations on campus that will help the student 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 assignments, 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 special education setting.
Additional items can vary from student to student but can include statements on the student's behavior, testing results, etc. If a school district fails to adequately address one of the sections on a student's IEP, parents may be able to seek compensatory education under a due process complaint.
If you feel as though your child's school district has failed to draft an appropriate IEP that enables them to make meaningful academic progress or has failed to truly implement their IEP, contact our Education Law Team today for more information regarding compensatory education.
Least Restrictive Environment
Aside from drafting and implementing an appropriate IEP, districts must also ensure that disabled students are educated alongside non-disabled peers to the “maximum extent possible.
Although school districts may attempt to segregate disabled students for reasons such as staffing or resources, they are required to consider what accommodations could help a student integrate into a general education environment first before removing them to a more restrictive learning environment.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The Americans with Disability Act 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. This means that schools must provide things like services, programs, accommodations, and activities for disabled students which help them integrate into campus life. If schools fail to make their buildings or programs accessible, for example, failing to make dorms wheelchair accessible, then students should consider bringing discrimination claims against their school for violations of their civil rights.
Equally important, Section 504 of the Rehabilitation Act of 1973 (“Section A504”) requires schools to make modifications to their policies and practices so students with disabilities can participate in school programs and activities “alongside their non-disabled peers as much as possible.” Similar to an IEP, students who are eligible under Section 504 can receive individual accommodations such as modifications to the curriculum, adjustment to testing procedures, etc.
Violations under the ADA or Section 504 are not addressed through due process claims and are instead handled through civil rights litigation.
What Laws Protect My Disabled Student From Being Bullied?
Although the IDEA does not explicitly address bullying, it 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 they are bullied, the school has failed to create an accessible educational environment.
Although the IDEA does not address bullying, Section 504 and the ADA mandate that schools must 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.
Indiana Special Education Laws
In addition to the IDEA, ADA, and Section 504 discussed above, federally funded schools in Indiana must also adhere to the state's special education laws and policies. A majority of the state's special education laws are found within Section 11, Article 7 of the state's administrative code, usually referred to as “Article 7.” Article 7 outlines the specific requirements that federally funded schools must meet to comply with the IDEA. Article 7 also provides districts with requirements they must meet for disciplinary matters, due process procedures, data collection, as well as minimum expenditure requirements on special education programs.
Work With a Firm that Represents Special Education Students
If you live in the greater Indianapolis area and need help navigating the educational rights of your special needs student, we can help. Our Education Law Team rolls up their sleeves and works with your child's school at the district level to ensure your child is being treated fairly and equitably under the law. Contact us today by calling (888) 535-3686 or by using our online contact form.
