If you are a parent of a child with special needs, you might often feel that your child is not receiving the necessary education or making adequate progress at school. You may want to address this issue but feel uncertain about how to approach your local school district. Fortunately, in the Jackson Metropolitan Area, there are various federal, state, and local regulations that school districts are required to follow. These regulations ensure that students with special needs receive an appropriate education.
Understanding these laws that protect your child's right to education is essential. At the Lento Law Firm, our Education Law Team advocates for the rights of children with special needs. We are dedicated to helping you make sure that your child gets the education they deserve and are legally entitled to. To get started, please contact our firm at 888-535-3686 or send us your information through our online form, and we can begin discussing your situation.
Jackson, MS Metropolitan Area
The Jackson Metro Area is home to 580,661 residents and covers an area of 5,405 square miles. While 89 percent of the population has achieved at least a high school diploma, only a third of the residents in the area have a Bachelor's degree or higher. The Jackson Metro Area is made up of seven counties: Copiah, Hinds, Holmes, Madison, Rankin, Simpson, and Yazoo.
Apart from the city of Jackson, which has a population of 153,701, the metro area only has four other large communities with more than 25,000 inhabitants:
- Clinton
- Madison
- Pearl
- Brandon
Other communities in the metro area with 10,000-25,000 inhabitants include:
- Byram
- Canton
- Flowood
- Ridgeland
- Yazoo City
Public and Private Schools in the Jackson Metropolitan Area
Jackson and the surrounding communities are home to several large public school districts that serve the largest communities as well as the seven counties in the metro area:
- Canton Public School District
- Clinton Public School District
- Copiah County School District
- Hazlehurst City School District
- Hinds County School District
- Holmes County School District
- Jackson Public School District
- Madison County School District
- Pearl Public School District
- Rankin County School District
- Simpson County School District
- Yazoo County School District
The area has many private schools as well, and some of the most well-known are:
- St. Andrew's Episcopal School
- Jackson Preparatory School
- Jackson Academy
- St. Joseph Catholic School
- Clinton Christian Academy
- Madison-Ridgeland Academy
- Central Hinds Academy
Public school districts must implement federal special education laws in order to receive funding. Since private schools are almost entirely funded by tuition fees and private donations, however, they don't have to follow federal laws concerning students with disabilities. In some cases, a public school district might place a student in a private school that's nearby or within the district because the private school has services and resources better suited to the child's needs. If a student gets placed in a private school this way, the district pays for the student's private school tuition.
However, if a parent decides to send their child to a private school for the same reason—more adequate special education services—it's considered “parental placement,” and the parents must cover the tuition costs.
Colleges and Universities in the Jackson Metro Area
Jackson and its surrounding communities also have several notable institutions of higher education. Some of the largest include Belhaven University, Jackson State University, Tougaloo College, and Millsaps College. The rules concerning public versus private schools and special education implementation apply to colleges and universities as well. However, in college, students with disabilities are expected to take more responsibility for their education than at the K-12 level. K-12 instructors and staff have legal obligations to help identify, evaluate, and provide services to students with disabilities. Institutions of higher education must offer services, but they don't have the same responsibility to identify students. If a college student with a disability needs special accommodations, they have to ask for it.
Federal Laws that Protect Students with Disabilities
Special education law is primarily governed by federal statutes, which schools must follow to qualify for federal funding. The two key federal laws that concentrate on the rights of students in special education are the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).
The Individuals with Disabilities Education Act (IDEA)
IDEA safeguards the rights of students with disabilities by mandating that school districts provide tailored modifications, support, and services to cater to the unique educational requirements of these students. According to IDEA, students are eligible for special education from the ages of 3 to 21. IDEA is an extensive and intricate federal law with numerous aspects. Below, we have outlined the key principles you should know that are part of IDEA.
Free and Appropriate Education (FAPE)
A key concept from IDEA that you should know is "FAPE," which stands for free and appropriate public education. FAPE means that public schools must provide eligible students with an educational program that is customized to their unique needs at no cost to them. Federal law defines an “appropriate” education under FAPE as one that prepares a young student for further schooling or secondary education, employment, and living independently.
If you feel your child is not receiving an education that suits their needs, you can file a due process complaint with your school district. Our Education Law Team can assist you with this complaint.
Child Find
IDEA has another concept called "Child Find," which obligates school districts to proactively search for, identify, and assess students who may need special education services. This duty is assigned to educators rather than parents, recognizing that educators have the specific expertise and training required to detect early indicators of disabilities.
Under Child Find, should a teacher or any member of the educational staff suspect that a student might have a disability, they must initiate the process to evaluate the student for special education services. IDEA outlines precise guidelines and deadlines for school districts to follow, ensuring these evaluations are carried out promptly and comprehensively. If you believe that your child's educators have overlooked signs of a disability, we encourage you to contact our Education Law Team. We're prepared to speak with your district's special education coordinators to advocate for your child's testing and assessment.
Least Restrictive Environment
IDEA has a provision known as the "Least Restrictive Environment" (LRE). LRE says that students with disabilities should be educated with their non-disabled peers to the fullest extent appropriate. The LRE principle aims to minimize the unnecessary separation of students with special needs from conventional classrooms, thus reducing their social isolation.
The main goal of LRE is to boost the inclusion of students with disabilities in mainstream educational environments. However, the legislation recognizes situations where students with special needs might require placement in specialized settings for personalized support. Despite this, the primary focus remains on integrating these students into regular education classrooms whenever possible. The default approach should favor inclusion, with separation considered only when necessary for the student's educational benefit.
Individualized Education Plans
When a school district identifies a child as eligible for special education, it is required to develop an Individualized Education Plan (IEP) for the student. This plan, which is a requirement under IDEA, details the specific accommodations and support services the student needs to access their education effectively. The content of an IEP is customized to fit the unique needs of each student; for instance, a student with difficulties in speech might have speech therapy included in their IEP, whereas a student facing physical challenges might be provided with occupational therapy services. IEPs are designed to set academic objectives and include a curriculum that meets grade-level standards.
An IEP functions similarly to a contractual agreement, which means that if a school district does not adhere to the stipulations of an IEP, it can be held legally accountable for not fulfilling its obligations to the student. As a parent, this gives you the right to initiate a due process complaint against the school for not complying with the IEP's terms.
Each IEP is customized to the specific needs of the student it serves, but every IEP must contain some basic components:
- An assessment of the student's present academic achievement and functional performance
- Clearly defined and measurable annual objectives that cater to the student's unique needs and present appropriate challenges
- A detailed plan of related services to be provided to assist the student in reaching their goals and accessing their education, which may include personalized instruction, occupational therapy, speech therapy, and more
- Accommodations to be made within the school environment to enhance the student's educational access, such as specific seating arrangements or the use of technological aids
- Adjustments to the curriculum, if necessary, to accommodate the student's needs, which could include less homework or additional time for assignments
- Information on the student's educational placement, specifying how much time will be spent in mainstream education versus specialized settings
- Other pertinent details unique to the student, including behavioral observations or results from evaluations
Qualifications for an IEP
Students must have at least one disability that falls within the 13 disability categories recognized by IDEA to qualify for an IEP:
- Specific learning disabilities such as dyslexia or dysgraphia
- Health impairments that limit strength or alertness, such as ADHD
- Autism Spectrum Disorder
- Emotional disturbances such as generalized anxiety disorder or depression
- Speech and language impairments such as expressive speech disorders
- Visual impairments
- Deafness
- Hearing impairments that are not considered deafness
- Deafblindness
- Intellectual disabilities such as Down Syndrome
- Orthopedic impairments such as Cerebral Palsy
- Traumatic brain injury
- Multiple disabilities
If a student has more than one disability, schools must address all of those needs—regardless of which disability is the primary one.
ADA and Section 504 Plans
The ADA guarantees that students with disabilities are afforded educational opportunities equivalent to those given to their non-disabled peers, spanning from preschool through higher education. IDEA is applicable to students in K-12 education; however, once students progress to post-secondary education, the ADA becomes the primary legislation that protects their rights. It is the duty of educational institutions to ensure the provision of services, programs, accommodations, and activities that promote the participation of students with disabilities in all aspects of campus life. Should the accessibility of educational facilities, such as dormitories, fall short—for instance, by not providing wheelchair access—students with disabilities might be justified in pursuing discrimination claims against their institutions for violating their civil rights.
In a similar vein, Section 504 of the Rehabilitation Act of 1973, often simply referred to as "Section 504," requires that educational entities adjust their policies and procedures so that students with disabilities can engage in educational programs and activities just as their non-disabled peers do. For example, if a student with a mobility issue stemming from a neurological disorder is enrolled, the school district is obliged to formulate a 504 Plan that accommodates the student's needs through specific measures, such as providing transportation assistance or modified physical education programs.
Special Education Laws in Mississippi
Mississippi's state disability laws largely align with federal standards but also offer additional provisions for students with disabilities. For instance, under IDEA, disabled students are entitled to special education services until they reach 21 years of age. In Mississippi, this benefit extends until a student earns a standard high school diploma. Additionally, parents and guardians in Mississippi can seek changes to a student's IEP more frequently than once annually. Furthermore, when educational programs include children or toddlers under three years old with disabilities, Mississippi law permits parents or guardians to request an Individualized Family Service Plan.
Contact an Education Law Team to Protect Your Child's Rights
Navigating the complex maze of federal, state, and local laws that safeguard your child's educational rights might feel daunting, especially while handling the duties of parenting a child with special needs. Fortunately, the Education Law Team at Lento Law Firm can help in these matters and is ready to take on your case. Our commitment is to protect your child's rights and support their educational path. Contact us today by calling 888-535-3686 or using our online contact form.
