Parents of special needs children often have a gut feeling that their child is not receiving an adequate education or progressing at school but don't know how to approach their concerns in a manner that demands action from their local school district. Fortunately, special needs students in the Raleigh Metropolitan Area are protected by a handful of federal, state, and local laws that school districts are legally bound to follow. As a special needs parent, it's essential that you take the time to familiarize yourself with the laws that protect your student's educational rights. Our Education Law Team at the Lento Law Firm has unparalleled experience advocating for special needs children. We are here to help you ensure that your child receives the education they deserve and one they are afforded under the law.
The Raleigh Metropolitan Area
The Raleigh-Durham-Cary Metropolitan Area is commonly referred to as "The Triangle" or "The Research Triangle" due to the triangular shape that is formed by three major research institutions in the area (discussed below). The site extends throughout the central part of North Carolina and is home to various technology companies, financial institutions, and cosmetic companies.
According to data from the 2021 Census, the area is home to approximately 1,448,411 people, spread out over 2,118 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 nine counties and some of their corresponding cities:
- Chatham County
- Pittsboro
- Siler City
- Moncure
- Goldston
- Fearrington
- Gulf
- Durham County
- Durham
- Rougemont
- Gorman
- Franklin County
- Louisburg
- Franklinton
- Youngsville
- Bunn
- Lake Royale
- Centerville
- Granville County
- Oxford
- Butner
- Creedmoor
- Stem
- Stovall
- Johnston County
- Smithfield
- Clayton
- Benson
- Selma
- Four Oaks
- Princeton
- Pine Level
- Wilsons Mill
- Archer Lodge
- Micro
- Orange County
- Hillsborough
- Carrboro
- Efland
- University
- Person County
- Hurdle Mills
- Roxboro
- Semora
- Timberlake
- Vance County
- Henderson
- Kittrell
- Williamsboro
- Middleburg
- South Henderson
- Wake County
- Raleigh
- Apex
- Holly Springs
- Fuquay-Varina
- Garner
- Knightdale
- Zebulon
- Morrisville
- Wendell
- Rolesville
School Districts, Private Schools, and Universities in the Raleigh Metropolitan Area
The Raleigh Metropolitan area gained its reputation due to its impressive collection of educational institutions, research centers, and technological centers. Families in the region certainly value education and are actively involved in their children's academic progress. The area is home to dozens of school districts that span a wide array of socioeconomic communities. Some large school districts include Wake County Public School System, Durham County Public Schools, Orange County School District, and Chapel-Hill-Carrboro City 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 Cary Academy, Durham Academy, Ravenscroft School, and St. David's 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. Although the general rule is that private school students are not owed the same special education services as public school students, there are instances where a private school student can qualify for free services from their local school districts. One such example occurs when a school district places a student at a private school that is better suited to serve their needs. In this case, the district essentially acknowledges that its programs were inadequate to meet a student's needs and, therefore, will agree to fund the tuition costs. In other instances, a school district may choose to have a discretionary fund that sets aside funding for private school students in its region who may need supplementary services such as counseling, speech therapy, etc.
If you have questions about what special education laws and local policies apply to your private school student, contact the Education Law Team today.
Colleges and Universities
The Raleigh Area is most prominently known for its three primary impressive schools and research institutions that form the geographical outline of a triangle: Duke University, The University of North Carolina at Chapel Hill, and North Carolina State University. Other impressive institutions include St. Augustine's College, William Peace University, and Louisburg College. 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 significant pieces of federal legislation that address special education rights are 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 they 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 that 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 IDEA places this burden on educators rather than parents because it assumes educators have the necessary experience and training to recognize hallmark symptoms of disabilities and understand that they may be the symptom of a more significant issue.
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. The IDEA dictates stringent guidelines and timelines that a school district must follow to ensure timely and thorough assessments. 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 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
In instances where a student has multiple disabilities, 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 mandates 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, further ostracizing them from their peers. Although the goal of an LRE analysis is to maximize a student's ability to participate in the general education environment, the law recognizes that in certain instances, special education students should be placed in a separate environment to receive the one-on-one assistance they need. The goal, however, should be to place students in a general education environment and remove them for services rather than put them in a more restrictive special education classroom.
Individualized Education Plans
After determining eligibility for special education services, a school district must promptly provide the 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 student with disabilities may need at school to access their education. IEPs will vary from student to student and their needs. For instance, a student with a speech disability may have an IEP that includes speech services, while a student with physical limitations may have occupational therapy services. IEPs must 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 address bullying, Section 504 and the ADA mandate that schools must create safe and inclusive environments for disabled students. Moreover, suppose your student has been so victimized at school that they have developed anxiety or depression that prevents them from attending school or focusing on their education. If your student has been victimized and bullied because of their disability, compensatory education may be available.
North Carolina Special Education Laws
The IDEA and components of the ADA and Section 504 are adopted into North Carolina State Law in Article 9 of the State's Legislation. Article 9 provides school districts with specific guidance on what standards they must meet to comply with IDEA requirements like child find, FAPE, and LRE. Article 9 further provides a framework for North Carolina Schools to reference when allocating funds and resources for the special education population.
Special Education Attorneys in the Raleigh Metropolitan Area
Navigating the complex federal, state, and local laws that govern your student's rights can feel like an impossible task, especially while balancing the many demands of being a parent to a special needs student. 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. Contact us today by calling (888)535-3686 or visiting our online contact form.
