Every child in the U.S. has the right to a "free, appropriate public education" (FAPE). For students with disabilities, considering the challenges they may face, FAPE includes the reasonable accommodations, services, and support they might require. Such altered educational programs fall under the umbrella term special education.
Academic and personal support for K-12 students within the realm of special education encompasses a diverse range of services and accommodations. Although certain measures like extended testing times and oral assignments are frequently used, the focus is on crafting plans that are unique to each student rather than generalized based on the type of disability. While both federal and state legislations mandate the provision of special education services across all school districts, the particulars of what each district can provide may differ, influenced by elements like financial resources and the size of the student population.
The state of Missouri covers an array of areas and regions, from the highly populated urban sprawl of St. Louis to small rural towns in the Ozarks. Whatever a child's disability, if they meet the standards to qualify, they have a right to services, support, and accommodations. When a Missouri school district fails to acknowledge a child's disability or provide needed accommodations, families should contact the Lento Law Firm's Education Law Team to find a resolution.
What is Special Education?
Special education refers to the methods used to educate students who learn differently from what is offered in traditional curricula. The Individuals with Disabilities Education Act (IDEA) is the preeminent federal law on disability rights in K-12 education. Typically, students receive special education services under IDEA, but some states and localities may offer additional support.
Under federal purview, IDEA covers public school students aged between 3 and 21 years, and approves private agencies to provide services to students with disabilities. Some states may offer special education programs until students turn 22, but Missouri aligns with federal law, ceasing services in the school year when students turn 21.
There are some common terms parents and students will hear while working with school special education personnel., including the following:
- Individualized Education Programs (IEPs): Plans put together by the school's special education personnel, parents, and sometimes the student to create guidelines of support and resources. These can include reasonable accommodations a school makes to provide students with disabilities the same level of education as those without disabilities.
- Reasonable Accommodations: Schools must provide accommodations to students with disabilities. This does not mean they have to be the "best" accommodations, only "reasonable" ones for qualifying disabilities.
- Section 504 Plans: Section 504 of the Rehabilitation Act of 1973 was the first to establish individualized special education plans, a precursor to IEPs. Unlike IEPs, which must be written, 504 Plans have no such requirement.
- Least Restrictive Environment (LRE): This is the environment students with disabilities must be in to make them part of the school community. What LRE means depends on each student's disability and their best interests.
Who Qualifies for Special Education?
Currently, IDEA categorizes qualifying disabilities into 13 categories. To receive special education services, students must be diagnosed with one or more of the following:
- Specific Learning Disability
- Autism Spectrum Disorder
- Emotional disturbance
- Speech or language impairment
- Visual impairment, including blindness
- Deafness
- Hearing impairment
- Deaf-blindness
- Orthopedic impairment
- Traumatic brain injury
- Other health impairments
- Multiple disabilities
Missouri also includes a category not included in IDEA: Young Child with a Developmental Delay. The Missouri Department of Elementary & Secondary Education (DESE) defines it as a child between 3-5 years experiencing developmental delays in one or more of the following areas:
- Adaptive development
- Physical development
- Cognitive development
- Communication development
- Social or emotional development
Even if a child doesn't fit into one of the many categories mentioned above, they may still be able to receive special education services. According to DESE, if a student undergoes an evaluation and gets a statement by a multidisciplinary team that the child would "regress without special education and related services," they are eligible under Missouri law.
How Does Missouri Test Students for Disabilities?
If a student has been attending school without a diagnosis of a qualifying disability, the process to determine if services are necessary can occur whenever the possibility of a need is identified.
The steps to qualify for special education services are:
- A school district special education team initiates the plan to complete an assessment within five days.
- The district conducts a review of the student's previous data within 30 days.
- Parents or guardians receive an assessment plan or a denial of services from the district's special education team.
- If a full evaluation is required and consented to by the parents or guardians, districts have 60 days to make a decision regarding an assessment and determine if the child has a qualifying disability.
- If a disability is identified, the district must schedule an IEP meeting and present families with recommendations for a student's accommodations and services within 30 days.
It's essential for parents and guardians to understand that they are not obligated to agree with the district's proposals and should play an engaged role throughout the evaluation process. This includes recommending specific types of support, services, and adjustments the district could offer their child.
Types of Services
Special education services cover a wide range of accommodations and support. The initial evaluation may affect the types of assistance students can access.
Accommodations and modifications are typically changes to the content and performance expectations or educational environment for students with disabilities. They may include:
- Curriculum changes
- Use of recording devices
- Oral exams
- Open book exams
- Large-print texts
- Extra time to complete assignments
- Teacher-provided presentation outlines
- Preferential seating
- Frequent reminders of rules and expectations
Students with disabilities may also receive supplementary aids under IDEA. These services and other supports provided in regular education classes or other education-related settings enable children with disabilities to be educated alongside non-disabled children to the extent appropriate in accordance with FAPE. Supplementary aids may include:
- Personal or instructional support from paraprofessionals
- Interpreters for hearing-impaired students
- Adult or peer tutors
- Regularly scheduled consultations with school staff or paraprofessionals
- Intensive short-term instruction designed to keep the student with non-disabled peers
- Any materials and specialized equipment that help the child remain in a traditional classroom
Services may come from the state, a local school district, or a special school district. Families should inquire about what services a school district offers but also do their own research. Districts may not have the knowledge or resources to understand the specifics of a student's disability or current best practices.
And remember, the law requires only that districts offer reasonable accommodations. Parents may try to push for adding or including new methods or services; however, requests for high-cost accommodations or those that would only help a limited number of students may be less successful. In comparison, accommodations or services that are inexpensive, easy to add, or would benefit a larger percentage of the population are more likely to be approved.
For instance, a family requests an audio version of a new textbook, and other students are using the new edition. This is more likely to be successful compared to a request for a computer program that requires a specially-trained staff member to operate. Comparing what services and support similar school districts offer can also be beneficial. This is one way the Lento Law Firm's Education Law Team, with our nationwide experience, can assist.
State Services
The State of Missouri offers a variety of resources. This includes state-funded schools centered on overseeing more specialized schools with more robust resources for students.
Within Missouri's Division of Learning Services, the Office of Special Education administers federal and state funds intended to support services for adults and students with disabilities in various programs, including vocational workshops. The office also oversees three schools administered by the State Board of Education—the Missouri School for the Blind, the Missouri School for the Deaf, and the Missouri Schools for Severely Disabled. These schools help schoolsand families across the state meet the needs of children with disabilities by offering consulting services and outreach programs.
Missouri Special School Districts
In Missouri, two special school districts are unique entities that offer targeted educational services primarily designed to serve students with special needs, including those with disabilities. These districts operate independently of regular school districts and are funded through a combination of local, state, and federal resources. They focus on delivering specialized education and services such as occupational therapy, speech therapy, and other forms of support that are crucial for students with disabilities.
The Special School District of St. Louis County and the Pemiscot County Special School District are dedicated solely to special education and the training of service providers and paraprofessionals who work in regular public schools within the county. This allows students to either attend their neighborhood school with specialized support or, when necessary, attend a school specifically designed to meet their needs. However, since there are only two special school districts in the entire state, some students may be burdened with excessive travel, or their families may be forced to move closer so they can give their child the opportunity to gain an education.
A Missouri Student's Right to Special Education
Students with disabilities have the right to FAPE, including the special education services they need to succeed. Nevertheless, for families in Missouri, the various options and organizations may make it difficult to find the best path for their children. Moreover, the process of navigating the system can be complicated and fraught with legal complexities.
Parents may find the guidance of the Education Law Team at the Lento Law Firm invaluable for several of reasons:
- Understanding federal and state laws: A legal professional well-versed in education law can help parents understand how IDEA, Section 504, and the regulations of the state education agency apply to their child's situation. They will also know how to review, compile, and maintain the necessary documentation to support a child's educational needs, which may be important for future legal matters or academic transitions.
- Professional advocacy: Crafting an appropriate IEP is a critical aspect of a student's educational experience. The Lento Law Firm's Education Law Team can guide parents through this process, ensuring that the child's educational needs are appropriately and comprehensively addressed, including advocating for resources the student is entitled to by law.
- Discrimination concerns: Students with disabilities are protected against discrimination under layers of federal and state laws. But, only a skilled legal team can properly address any instances of discrimination through the appropriate legal channels if redress is necessary.
- Due process hearings: If parents disagree with a school district's disability evaluations or the services provided, they have the right to request a due process hearing. The Education Law Team at the Lento Law Firm can represent the student and their family in such proceedings, presenting evidence and making arguments on their behalf.
Given the complications of the educational and legal landscape, parents of a student with disabilities in Missouri would be well-advised to consult the Education Law Team at the Lento Law Firm as they try to navigate the system effectively and safeguard their child's rights to FAPE.
The Education Law Team at the Lento Law Firm works with families nationwide to advocate for their child and to ensure their student receives the opportunities and accommodations they are entitled to under the law. Contact us online or at 888-535-3686 now.
