Special needs students in the Louisville Metropolitan Area are protected by a handful of federal, state, and local laws, all of which can be incredibly challenging to understand and navigate on your own. Your time is limited as a parent of a child with special needs. Our Education Law Team at the Lento Law Firm has unparalleled experience advocating for special needs children, and we are here to help you balance life's demands.
The Louisville Metropolitan Area
The Louisville Metropolitan Area is situated along the Ohio River and comprises 11 counties near the Kentucky and Indiana border, often called “Kentuckiana.” In addition to being known for its cultural contributions to the Kentucky Derby and Bourbon, the area is also characterized by a diverse economy. Top employers in the area include UPS and the parent company of fast food staples such as KFC, Pizza Hut, and Taco Bell.
According to data from the 2021 Census, the area is home to approximately 2,199,544 people, spread out over a vast 7,256 square miles. Most of the population includes married households, followed by households of non-family members and female-led households.
The area is made up of the following counties and some cities:
- Bullitt County, Kentucky
- Shepherdsville
- Mount Washington
- Hillview
- Lebanon Junction
- Brooks
- Pioneer Village
- Hebron Estates
- Fox Chase
- Hunters Hollow
- Clark County, Indiana
- Jeffersonville
- Charlestown
- Clarksville
- Sellersburg
- Henryville
- Borden
- Utica
- New Washington
- Memphis
- Oak Park
- Floyd County, Indiana
- New Albany
- Floyds Knobs
- Georgetown
- Greenville
- Galena
- Harrison County, Indiana
- Corydon
- Lanesville
- Elizabeth
- Mauckport
- Palmyra
- New Salisbury
- Laconia
- New Middletown
- New Amsterdam
- Crandall
- Henry County, Kentucky
- New Castle
- Eminence
- Campbellsburg
- Smithfield
- Jefferson County, Kentucky
- Louisville
- Jeffersontown
- Middletown
- Saint Matthews
- Shivley
- Anchorage
- Indian Hills
- Hurstbourne
- Lyndon
- Glenview
- Douglass Hills
- Audubon Park
- Strathmoor village
- Windy Hills
- Fincastle
- Heritage Creek
- Mockingbird Valley
- Beechwood Village
- Brownsboro
- Goose Creek
- Bellewood
- Barbourmeade
- Blue Ridge Manor
- Parkway Village
- Woodlawn Park
- West Buechel
- Bellemeade
- Crossgate
- Riverwood
- Druid Hills
- Worthington Hills
- Graymoor-Devondale
- Hurstbourne Acres
- Saint Regis Park
- Watterson Park
- Seneca Gardens
- South Park View
- Lynnview
- Brownsboro Farm
- Strathmoor Manor
- Poplar Hills
- Meadow Vale
- Rolling Hills
- Hollyvilla
- Briarwood
- Glenview Hills
- Houston Acres
- Houston Acres
- Broeck Pointe
- Old Brownsboro Place
- Maryhill Estates
- Rolling Fields
- Oldham County, Kentucky
- La Grange
- Crestwood
- Buckner
- Goshen
- Pewee Valley
- Westport
- Orchard Grass Hills
- River Bluff
- Park Lake
- Shelby County, Kentucky
- Shelbyville
- Simpsonville
- Spencer County, Kentucky
- Taylorsville
- Elk Creek
- Trimble County, Kentucky
- Bedford
- Milton
- Washington County, Indiana
- Salem
- New Pekin
- Campbellsburg
- Hardinsburg
- Little York
- Livonia
- Saltillo
School Districts, Private Schools, and Universities in the Louisville Metropolitan Area
The Louisville Metropolitan area is home to dozens of school districts that span a wide array of socioeconomic communities. Some large school districts include Jefferson County Public Schools, Bullitt County Public Schools, and Shelby County 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 Kentucky Country Day School, Louisville Collegiate School, Walden School, and Highlands Latin School. If your special needs student is currently attending a private school, it's essential 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.
What Special Education Laws Apply in Private Schools?
Section 1412 of the Individuals with Disabilities Education Act addresses what special education laws apply in private schools. In some circumstances, a school district may place a student at a private school that is better suited to serve their needs. In this case, the district is required to fund the tuition costs. If parents choose to enroll their disabled student at a private school, the student's IDEA rights will not apply, and parents will be responsible for tuition costs.
Colleges and Universities
The area is also home to many higher learning institutions, including the University of Louisville, Spalding University, Bellarmine University, and Indiana University-Southeast. Although the IDEA (discussed below) does not apply at the collegiate level, students with Individualized Education Plans (“IEPs”) in high school can use their special education experience to advocate for themselves at the collegiate level. Fortunately, portions of the Americans With Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (both discussed below) apply and protect disabled college students from unlawful discrimination.
If you are a college student with special needs and feel as though you need help navigating your disability rights on campus, contact our Education Law Team today.
Federal Special Education Laws
Special education law is primarily governed by federal laws that state schools must adopt as a condition to their receipt of federal funding. The two federal education laws that prominently protect disabled students include the Individuals With Disabilities Education Act (the “IDEA,”) and the Americans With Disabilities Act (“ADA.”)
The Individuals With Disabilities Act
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. Students are eligible for special education under the IDEA if both qualify for services under one of the IDEA's eligibility categories and are 3-21 years old. Eligibility expires when a student graduates from high school or turns 22, whichever comes first. Several key provisions of the IDEA are discussed below.
Free and Appropriate Public Education (“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 with a FAPE, which is simply a unique education program that meets their individual needs at no cost. Federal legislation states a child receives FAPE if they are prepared for further education, employment, and independent living.
If a school district fails to provide a disabled student with FAPE, parents can bring a due process complaint to recover compensatory education hours and funds.
Child Find
Under Section 300.11 of 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 law places this burden on educators rather than parents because it assumes educators have the necessary experience and training to recognize hallmark symptoms of disabilities. Some common signs of learning disabilities in children may include:
- Handwriting avoidance
- Poor coordination
- Pronunciation issues
- Reversing words or letters while reading or writing
- Delayed speech
- Impulsiveness or hyperactivity
- Poor social skills and/or inability to make friends.
- Inability to understand personal space.
- Desire to keep rigid schedules.
- Poor fine motor skills, such as inability to use scissors, tie shoes, catch balls, etc.
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. If a school district was aware that a child was exhibiting symptoms of a potential learning disability and failed to refer them for special education services, parents could request compensatory education funds and services to help their child catch up. If you believe your student's educators have overlooked potential signs of a learning disability, contact our Education Law Team Today.
IEP Eligibility
If your child already has an IEP or has been denied an IEP, you have likely heard the term “eligibility.” After conducting thorough assessments, a school district must determine whether that student qualifies for special education services. 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
In instances where a student has multiple disabilities such as autism, deafness, etc., a school district must provide services in all areas of need, regardless of the student's primary eligibility category.
Least Restrictive Environment
Section 300.114 of the IDEA addresses a legal requirement under the IDEA known as “Least Restrictive Environment” or “LRE.” The LRE requirement of the IDEA requires that students with special needs must be educated to the maximum extent possible alongside their non-disabled peers. This concept emphasizes that special needs students should not be segregated from the general education classroom absent special circumstances, such as being pulled out for routine counseling sessions or speech therapy.
Individualized Education Plans
After determining eligibility for special education services, a school district must promptly provide a student with an Individualized Education Plan (“IEP”). An IEP is a legally mandated document under the IDEA that outlines the specific services and accommodations a school district must provide a student with to help them access their education. Because each student's needs will vary, no two IEPS should be alike. For instance, a student with a speech disability may have an IEP that includes speech services. In contrast, a student with physical limitations may have an IEP focusing on occupational therapy services. IEPs must also provide students with goals and a curriculum that is aligned with grade-level content standards. Like a contract, if a school district fails to adhere to an IEP's terms, they have breached their agreement with a student and can be held legally accountable.
What Should an IEP Include?
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 accommodation on campus 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.
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.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities 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 that 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 504”) 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.” For example, suppose a student with a neurological condition is not mobile. In that case, the district should develop a 504 Plan that accommodates the student by offering transportation assistance, modified physical education opportunities, etc.
What Laws Address Bullying?
Special needs students are often targeted by their peers for their differences and are subject to taunting, teasing, and bullying at school. While the IDEA does not explicitly address bullying, Section 504 and the ADA require schools to 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.
State Special Education Laws
In addition to the IDEA, ADA, and Section 504 discussed above, federally funded schools must adhere to their state's special education laws and policies, which typically outline the specific steps that educators must follow to comply with the IDEA, ADA, and Section 504.
Kentucky Special Education Laws
Kentucky adopts the IDEA and parts of the ADA and Section 504 into their state education laws through Title 707, Chapter 001 of the state's administrative regulations, entitled Exceptional and Handicapped Programs. The regulations address the policies and procedures public school districts within Kentucky should adopt to comply with the IDEA fully. Specific sections include Child Find policies, assessment timelines, disciplinary requirements, and funding and staffing quotas.
Indiana Special Education Laws
Indiana similarly adopts federal special education laws through Title 511, Article 7 of the state's Education Rules, most commonly referred to as “Article 7.” Article 7 is split into 18 separate “rules” or categories that thoroughly address various special education policies ranging from special education program monitoring, community participation, eligibility, and minimum spending expenditures.
Special Education Attorneys in the Louisville Metropolitan Area
Navigating the complex federal, state, and local laws that govern your student's rights is not only time-consuming but nearly impossible. Fortunately, our compassionate Education Law Team at the Lento Law Firm is experienced in these laws and ready to help! We care about your child's rights and educational future and will work with you to ensure your student is treated equitably under the law. Contact us today by calling (888)535-3686 or visiting our online contact form.
