Whether you and your family live in Gulfport, Southaven, or somewhere in between, all children in Mississippi have the right to a free K-12 public education. For students with disabilities, that right extends to public education services.
Unfortunately, schools may not always provide students with the accommodations they need. Schools may deny a student has a disability or fail to provide a student with agreed-upon services. If and when this occurs, families have a variety of avenues for addressing these problems and seeking a solution.
The Education Law Team at the Lento Law Firm helps families understand their options and pursue the one that best fits their situation. Wherever you live in Mississippi, we can help you protect your child's right to an education. Parents and guardians can call us at 888-535-3686 or fill out an online form to tell us about their situation.
What is Special Education?
Providing special education services is part of a larger acknowledgment of the importance of including those with disabilities in society and enabling that participation by banning disability-based discrimination and providing accommodations. In the passage of one federal law, Congress states that:
“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
Supporting students with disabilities is part of this goal. Students with disabilities have a right to special education services. Federal law defines special education as “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.”
The same law states that special education services must:
- Meet the standards of the state educational agency (in Mississippi, the Mississippi Department of Education)
- Include appropriate preschool, elementary school, or secondary school education
- Conform to a student's Individualized Education Program (IEP) or 504 Plan
These laws may sound vague. They are. That's because both federal and Mississippi laws cover a wide range of disabilities.
Students may qualify with disabilities that are minor or severe. Their disabilities may be physical, mental, emotional, or a combination. This means that special education covers a wide range of services and support. Even when two students have the same disability, they may require different help or accommodations.
In short, the law broadly defines special education because special education services should be unique to each student. Ideally, special education services are not just about the student's disability but about the whole student, including their strengths and goals.
Federal Laws
The first major federal law to protect disability rights was SECTION 504. This was followed by the passage of the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) in 1990. IDEA The Individuals with Disabilities Education Act (IDEA).
IDEA, originally known as the Education for All Handicapped Children Act, was first passed in 1974. For K-12 students, IDEA is the most relevant federal law.
IDEA
IDEA applies to all public schools and all children who have not yet graduated from high school. As early intervention is important, babies and toddlers do not have to begin school before they receive support.
Students who attend private or charter schools or are homeschooled may also receive special education services through their local public school. A public school cannot refuse to provide services because a child does not attend the school.
While private and charter schools may provide special education services similar to those offered by public schools, parents and guardians should be aware that IDEA does not apply to these schools. While the schools may be violating other federal or Mississippi disability rights laws, the path to contest a private or charter school's treatment of a student with disabilities may be more difficult.
IDEA states that public schools must have procedures in place to identify and assess children who may have disabilities. For students who do have disabilities, schools must then provide them with Individualized Education Programs (IEPs), sometimes called Individualized Education Plans (IEPs).
IEPs are written documents that list the services and support a school must provide to a student. Once families and schools agree on an IEP, they are legally binding documents. IEPs may be revised annually or at any point that they no longer support a student.
Section 504
Section 504 bans disability-based discrimination in education. This means both in the classroom and during school events and extracurricular activities.
As Section 504 uses a broader definition of disability, students who don't qualify for an IEP may be eligible for a 504 Plan. Another way to view this is that students who qualify for support under IDEA are also protected by Section 504, while students protected by Section 504 may or may not be protected by IDEA.
Dispute Resolution
Whether a student with disabilities receives the proper services and support can have a huge impact on their education. Given the high stakes, disagreements between families and school districts are common. Recognizing the need to resolve these disagreements and protect a student's right to special education services, IDEA requires that states provide families with dispute resolution options.
When Possible, Start with the Informal
When a difference of opinion occurs, parents and guardians should first attempt more informal avenues for resolution. This may mean a conversation with a student's teacher or other school staff member. It may mean scheduling an appointment with a school administrator or requesting an IEP meeting.
When possible, the goal should be to explain your side and seek to understand the school's position. In some situations, it may be a matter of getting a school or staff member to follow a student's IEP.
These informal meetings and conversations can be beneficial because they are less structured. They can result in a quicker resolution, which is beneficial to your student.
Formal Dispute Resolution Options
When these informal avenues of resolution fail or when a situation requires more structured options, families can opt for one of the following dispute resolution options:
- IEP Facilitation
- Mediation
- State Complaint
- Due Process Hearing
As part of its resources for families, Mississippi has a FAQ that includes common questions about these options.
IEP facilitation and mediation are similar in that they are less structured. Both involve a neutral third party guiding the discussion but not making any decisions or offering opinions.
State complaints are not student specific. They can be filed by anyone who believes a school is violating the law.
Due process hearings are similar to a courtroom trial. A neutral third party presides over the hearing and issues a decision. Both sides may present evidence and witnesses.
Families may appeal these decisions. Appeals are generally made to a state or federal court, depending on which laws are involved.
The IDEA dispute resolution options are not the only avenue for challenging a school district's decisions or actions. Families may also file under other federal or Mississippi laws, such as the ADA or Section 504. The Education Law Team at the Lento Law Firm can assist families in determining the best avenue for their student and their situation.
Common Terms
For families new to special education, a source of frustration can be the large number of acronyms and terms. When possible, families should ask school staff to explain unfamiliar terms and acronyms.
Three are worth mentioning here because of how frequently they appear.
Free appropriate public education (FAPE) refers to the right of all children to receive a free K-12 education. For students with disabilities, FAPE includes special education.
Least Restrictive Environment (LRE) refers to placing students in general education classrooms. As much as it is in a student's best interests, they should be part of the general school community.
Reasonable accommodations refer to the level of accommodations and services a school must provide to comply with federal and state law. Accommodations are reasonable when they are effective. They do not have to be the newest, most effective, or most expensive. Schools may also deny a requested accommodation if it would place an undue burden on the school or a member of the school community.
Who Qualifies for Special Education
Students must qualify for special education services. IDEA has more restricted eligibility criteria than Section 504.
Students are eligible for an IEP when they have a qualifying disability and that disability affects their education. Under IDEA, the following are qualifying disabilities:
- Intellectual disabilities
- Hearing impairments (including deafness)
- Speech or language impairments
- Visual impairments (including blindness)
- Serious emotional disturbance
- Orthopedic impairments
- Autism
- Traumatic brain injury
- Other health impairments
- Specific learning disabilities
- For children ages 3 to 9, developmental delays
Section 504 uses the same definition of disability as the ADA. The ADA and Section 504 define a disability as:
- “a physical or mental impairment that substantially limits one or more major life activities of such individual;
- a record of such an impairment; or
- being regarded as having such an impairment.”
How to Qualify for Special Education
Schools have a responsibility to identify and assess any child who lives within their boundaries and may have a disability. While the focus is on early intervention, any child or teenager may be referred for evaluation. As long as a student hasn't graduated from high school, they are eligible for both assessment and an IEP.
Child Find refers to the process of identifying children with potential disabilities. This includes school districts publishing how individuals may refer a child for assessment.
Hancock County School District provides several resources on Child Find for families within its district. While these are specific to Hancock, much of the information applies to all public school districts in Mississippi. Particularly useful is the district's Child Find flowchart, which details the general procedures for qualifying.
The general steps to qualify for special education services:
- Referral
- Determining if a student requires assessment
- Assessment
- Meeting with parents or guardians
- Establishing a student's IEP or 504 Plan
Families should be aware that the qualification process varies depending on each student, their potential disability, and what's already known about their disability.
Other students may be more difficult to properly assess. Disabilities, especially learning disabilities, can show up differently in each student. A December 2023 article in Scientific American highlighted that schools frequently misdiagnose dyslexia, resulting in students not receiving the support and services they require in school.
IDEA requires that assessments must be “sufficiently comprehensive.”. For students who are diagnosed with a disability, assessments affect what services and support they receive.
Part of DeSoto County School's procedure manual for special services includes summaries of special assessments for certain disabilities. Ahead of assessments, parents and guardians should inquire as to how a district assesses their child's potential disability.
As Madison County Schools point out, the general process is that a district will first assess a student under IDEA and for an IEP. If a student doesn't qualify for an IEP, a district will then assess them for a 504 Plan.
Mississippi Specific Programs
Schools in Mississippi often refer to their special education services as the Special Services Department. This department often works with both students who need special education and students who qualify as gifted. Petal School District defines each of the categories.
One of the challenges facing families of students with disabilities is that districts offer different programs and support. As long as an accommodation is reasonable and effective, schools do not have to offer any additional services or modifications. For families of students with disabilities, it's not enough to know that a school is well-ranked. They need to know how that school district supports students with their child's specific disability.
While not required, many schools do offer similar programs or services. Jackson Public School provides a list of its services, many of which are commonly provided by schools:
- Assistive Technology Evaluation and Services
- Behavioral Intervention Services
- Educational Services
- Homebound Services
- Language/Speech Services
- Occupational Therapy
- Physical Therapy
- Psychological Services
- Specialized Medical Care
Even when schools offer the same programs, the quality of support may vary. Especially when moving or switching schools, parents or families should arrange to meet with school staff to discuss how the change may affect their student's IEP and how to minimize the stress of the transition.
ESA Program
Since 2015, Mississippi has funded the Education Scholarship Account (ESA) program. The purpose of this program is to provide families with funds to send their students with disabilities to private schools. Once accepted into the ESA program, families do not have to reapply annually.
Transition Programs
While schools have an obligation to help students transition to post-K-12 life, what programs and services school districts offer varies. Some may offer post-school internships, job training, or other programs to help students.
Among its other transition programs, Rankin County School District has The Spot Coffee Shop. The purpose of the shop is to give students job training and experience.
Protect Your Student's Right to an Education
For students with disabilities, special education isn't a luxury but a requirement for their education. When schools don't provide needed special education services, families should address the issue as soon as possible.
The Education Law Team at the Lento Law Firm helps families throughout Mississippi navigate special education issues. If your student isn't receiving the special education services they need, contact us at 888-535-3686 or fill out an online form.
