In 1975, the United States implemented a law called the Individuals with Disabilities Education Act – or IDEA for short. The main purpose of the IDEA is to give children in kindergarten through twelfth grade the right to a free appropriate public education (FAPE). The IDEA specifies that children with disabilities have a legal right to free services and accommodations that will not only help them get a FAPE but also help them thrive personally and socially.
The Delaware Department of Education has created a series of policies and procedures to ensure school districts are providing services and accommodations to students with disabilities. During the 2021-2022 school year, there were over 140,000 students enrolled in schools around the state. And over 20% of them were enrolled in special education.
Even though Delaware requires school districts to provide these services, there are many instances where a school district will either fail to provide them to a qualifying student or offer a lesser equivalent because of budgeting issues. When this happens, Lento Law Firm can help hold the district accountable. To speak to one of our qualified Education Law Team attorneys today, call (888) 535-3686 or schedule a consultation online.
What is Special Education?
Special education is a term used to explain the services and accommodations that are provided to qualifying students to help them excel in school. Students who qualify for special education services generally have social, emotional, physical, or mental differences or disabilities, which make it hard for them to achieve a free – and appropriate – public education. So, the Delaware Department of Education requires school districts to provide such special education services to ensure they have access to a FAPE as the students enrolled in regular education do.
Relevant Laws
The IDEA instructs public school districts to create and employ policies and procedures that enable students with disabilities to receive special education services. One such policy covers Individualized Education Plans (IEPs).
IEPs are legal agreements between the school district, public school, and parents that explain the child's struggles in school and what services the district will provide to help alleviate those struggles. The IEP will also outline the child's goals for that particular school year, and any transition plans the child might require if they are moving from elementary to middle school, middle to high school, or graduating from high school.
Other laws that concern children with disabilities include the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. While the ADA applies to all United States citizens, Section 504 applies to students with disabilities of any age, even those in private schools that receive federal funding.
Section 504 offers students with disabilities an alternative plan to their IEP. Where an IEP must be evaluated, recorded, witnessed, and signed, a Section 504 plan does not. Moreover, these particular plans allow for a student's environment to be modified and give schools the ability to change their methods for teaching your particular child. As such, students often have both an IEP and a Section 504 plan in place.
Since there are so many options, working with a qualified and knowledgeable special education attorney is the best way to figure out not only how to get one or more of these plans in place but also what services and accommodations to request based on your child's needs. Moreover, if the school district is slow to implement the agreed-upon plans or fails to follow its policies and procedures in any way, your attorney can ensure they are held responsible.
Common Terms
The paperwork involved in special education can be cumbersome, especially if you do not have a background in law, medicine, or psychology. While you might be an expert in what your child needs to succeed, the paperwork you need to fill out to help them will likely have phrases and acronyms that you have never heard. The most common phrases and their definitions are listed below:
- FAPE: As we explained above, a FAPE is a free appropriate public education. This means that all students in the state of Delaware, and around the country, have a right to a free public education that meets their particular educational needs. If a child has a disability, they have the right to services and accommodations that will make getting a FAPE more accessible.
- Reasonable accommodations: While students with disabilities have a right to services and accommodations, the IDEA specifies that they must be “reasonable.” However, it doesn't actually define the term “reasonable.” So, it is usually interpreted as services and accommodations that do not overly burden the school or someone in the school community (i.e., your child's teacher or homeroom parent). They still need to be effective, but they do not need to be the most expensive or effective option. Thus, if your child has a vision impairment and can still follow along in class as long as they sit right up front, close to the whiteboard, the school will probably not provide them with large print materials of what's written on the board.
- LRE: An LRE is the least restrictive environment in which a student with a disability can be educated. This stipulation prevents school districts from pushing students with disabilities into special education settings who do not necessarily need to be there. The goal is to keep students with disabilities in a classroom with their non-disabled peers as often as possible. For many students with disabilities or learning differences, this means being pulled out of the classroom for certain subjects.
Who Qualifies for Special Education in Delaware?
Children between the ages of three and 21 qualify for special education if they have one of the disabilities listed below:
- Visual impairments
- Blindness
- Hearing impairments
- Deafness
- Intellectual disabilities
- Speech or language impairments
- Serious emotional disturbance
- Autism Spectrum Disorder
- Health impairments, developmental delays, or specific learning disabilities
- Orthopedic impairments
- Traumatic brain injuries
Delaware also makes services and accommodations available for infants and toddlers under the age of three who have substantial developmental delays in their cognitive, communication, or adaptive skills, or social, emotional, or physical developments development.
Sometimes, though, the state or the school district will fail to provide or follow through with a request for a special education evaluation. When this happens, it is important to work with an attorney who will contact the appropriate department on your child's behalf. Lento Law Firm will do everything in its power to negotiate with the department and get it to follow its policies and procedures to the letter of the law.
What is Child Find?
The Child Find program in Delaware requires the state to have policies and procedures in place to help identify, locate, and evaluate children who might need special education services. To implement the Child Find program, the Delaware Department of Education has stipulated that all school districts (or local education agencies) must keep an eye out for children who may need services. Thus, if the child's parent, guardian, or teacher sends in a referral for an evaluation, it is up to the school district to meet with the parents, teacher, and child to initiate the evaluation process.
There are cases where the school district will deny a request for an evaluation. Parents have every right to appeal this decision, though the process can be a bit confusing. Having a skilled special education attorney by your side is the best way to ensure your child's case is taken seriously and heard fully.
Types of Services Offered to Qualifying Students with Disabilities in Delaware
Parents typically know what services will help their child succeed. Yet both the parents and the school district must agree on services to provide before the child will receive them. Meaning that the school district can deny the services you request. Typically, they will try and deny services that cost more than they are willing to spend or somehow burden the teacher or administration.
For example, if a non-verbal student can communicate by using hand gestures and writing, the school may be hesitant to provide them with a speech-generating device so they can communicate more effectively. It is up to the parent and their counsel to prove to the school why the speech-generating thing is more appropriate. In this case, Lento Law Firm would present data and relevant evidence to show the importance of easier communication for non-verbal students, the long-term cost-effectiveness of such technology, and the psychological and emotional benefits to the student in particular.
Other examples of special education services offered in Delaware public schools include:
- Timing accommodations
- Preferential seating
- Extra time for assignments and testing
- Being able to take a test alone or in a smaller group
- Assistive listening devices
- Interpreters
- Textbooks and assignments written in braille, large print, or on contrasting colored paper
- Access to hygiene and sanitary supplies
- A classroom shadow or chaperone
- Desks, classrooms, and restrooms that can accommodate wheelchairs
- Text-to-speech accommodations
State Services
Additionally, Delaware has certain services they will offer families of children with disabilities outside of special education services, including:
- Physical therapy
- Speech therapy
- Occupational therapy
- Transportation services
- Orientation and mobility services
- Early identification and assessment of a student's disabilities
- Interpreter services
- Parent or guardian counseling and training
- Transition plans for when the student is moving up from one life stage to the next (like from middle to high school, high school to college, independent living, or employment)
These services are meant to improve the student's ability to meet their annual goals. As such, they work in tandem with the in-school services the student receives.
Specialized Schools
Delaware has 19 school districts that must comply with its IDEA laws, but they also have a few schools that offer only educational opportunities to students with disabilities.
- Brennan School: Offers students with autism spectrum disorder who live in the Christina School District with a public education that is geared towards their specific needs.
- John S. Charlton School: Located in the Caesar Rodney School District, it offers students with disabilities a public education that also focuses on learning functional life skills to enhance their independence.
- Howard T. Ennis School: Provides students with disabilities between the ages of two and twelfth grade, living in the Indian River School district, the opportunity to earn a public education.
Usually, students will be placed in these schools if it is the least restrictive environment for them. However, if you disagree with this decision, or you believe your child would benefit from being in one of these particular schools and your school district will not approve the move, the Lento Law Firm Education Law Team can help. They will reach out to the district on your family's behalf and present evidence to support your argument, encouraging the school to move your child to the appropriate educational venue.
The Right to Special Education
Getting your child special education services should not be difficult. Delaware has specific laws that school districts are supposed to follow, including evaluating children and implementing services to help them succeed both academically and personally. However, many school districts fail to follow these rules or think they know what is best for their child. When this happens, it is up to you to hold them accountable, and the best way to do that is to work with a competent special education attorney.
The Lento Law Firm Education Law Team has helped hundreds of students throughout the country who need special education services and are unable to receive them. These proceedings can be exhausting, frustrating, and timely. Many families end up not pursuing services simply because they run out of time or their other responsibilities are more pressing. Our experienced attorneys will work diligently to ease this burden from your shoulders, getting your child the best possible outcome for their case. Call Lento Law Firm today at (888) 555-3686 or schedule a consultation online.
