Whether you live in Oklahoma City or Nichols Hills, Tulsa or Broken Arrow, your child has a right to a free appropriate public education. If your child has a disability, this right includes special education.
Stereotypes about special education, even among educators, too often hurt students with disabilities. Students who require special education services are as capable of succeeding in school as their non-disabled peers.
Students with disabilities can succeed in school. They simply need different resources or support. Special education has nothing to do with intelligence or worth ethic: It simply means a student learns differently.
If and when your child's school is not providing the support your student with disabilities needs to succeed in school, both federal and Oklahoma laws provide avenues for families to challenge these decisions.
Lento's Education Law Team works with families nationwide and throughout Oklahoma to get their students the special education services they require. Parents and guardians may call us at 1-888-535-3686 or fill out an online form to learn more about how we can assist you.
What is Special Education?
Special education is the umbrella term for the support and services students with disabilities require. 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, including—
(A)instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(B) instruction in physical education.”
Special education should be tailored to the individual student. Even when students have the same disability, they may require different services and support. Similarly, what special education services work for a student one year may not be as effective the following year. Just as students grow and change, so too should the special education services they receive.
Federal Laws
While the Americans with Disabilities Act (ADA) is perhaps the best-known federal law regarding disability rights in the United States, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) establish many of the rights to special education for K-12 students. Of the two, IDEA is more frequently referenced and discussed in regard to special education.
IDEA applies to all K-12 public schools. It establishes Individualized Education Programs (IEPs), which are written documents that lay out what special education services and support a student will receive as well as a student's goals.
IDEA does not apply to private schools, charter schools, or homeschooling. While these schools may have programs similar to IDEA and IEPs, they do not have federal backing.
Even if students do not attend their local public school, they may still qualify for services. IDEA requires school districts to not only identify but also provide services to all students within their boundaries.
Section 504 bans discrimination based on disability. This includes all school activities and not just time in the classroom.
Common Terms
While special education has several unique terms and acronyms, three are worth mentioning here. These three terms are commonly used in discussions about special education. They also have meanings that may not be immediately clear.
FAPE is the shorthand term for the right that all children in the United States have to a free appropriate public education. FAPE refers to K-12 and also includes special education services. The term is often used if and when a student with disabilities is not receiving the special education services they are entitled to under the law.
The current policy is to place students with disabilities in general education classrooms and encourage them to participate and be part of the school community as much as possible. This is known as least restrictive environment (LRE).
The caveat with LRE is if such a placement is not in a student's best interests. Some students benefit from specialized instruction, although the majority of students with disabilities spend most of their days in general education classrooms. Another exception to LRE is if a student's placement would put an undue burden on other students or staff members or interfere with other student's access to FAPE.
Finally, schools do not have to provide specific services or accommodations. To meet the legal requirement for special education, schools must provide reasonable accommodations. These accommodations must be effective. Schools do not have to provide the newest, the most expensive, or the most effective accommodations to comply with the law.
Similar to LRE, if an accommodation would put an undue burden on the school or a member of the school community, it's unlikely to be approved. Some examples of an undue burden:
- Cost
- Requiring a significant amount of a teacher's time or attention
- Putting other students at a disadvantage
Accommodations and services do not have to put a student with disabilities on an identical footing to their peers. The goal is similar footing, with no student having a significant advantage or disadvantage.
State Resources
Oklahoma provides all parents with a Parents' Rights in Education: Notice of Procedural Safeguards. Some districts, such as Claremore, make these resources easily available on their website. Families may also find this and other resources available via the Oklahoma Department of Education.
Who Qualifies for Special Education
IDEA and Section 504 use different definitions for disability. IDEA's definition is narrower. Students who qualify for support and protection under IDEA also qualify for support under Section 504. In comparison, some students who qualify for support under Section 504 do not qualify under IDEA.
IDEA requires students to have a qualifying disability, and that disability must affect their education. Owasso Public Schools provides a list of the qualifying disabilities:
- Autism
- Deaf/Hearing Impairment
- Developmental Delays
- Emotional Disturbance
- Intellectual Disabilities
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impairment
- Speech and Language Impairment
- Specific Learning Disability
- Traumatic Brain Injury
- Vision Impairment
This list applies to all public schools in Oklahoma. Muskogee Public Schools includes a definition of each disability.
If a student does not qualify under IDEA, they may qualify under Section 504. Section 504 defines a disability as “a physical or mental impairment that substantially limits one or more major life activities.”
How to Qualify for Special Education
Families cannot simply request that their children receive special education programs. Students must first qualify, under IDEA or Section 504, as having a disability. For in-depth information on how to qualify, families can refer to Parents' Rights in Education: Notice of Procedural Safeguards.
The general process is:
- Referral
- Evaluation
- Eligibility determination
How students qualify for an IEP or 504 Plan depends on a variety of factors, including a child's age and what's already known about their disability. For a student who already has a medically diagnosed disability, the process to qualify may be no more than submitting a letter from a doctor and/or medical records.
For some students, determining their disability may be more complicated. Proper evaluation and assessment are crucial for determining what services and support a student requires. Evaluations must be “sufficiently comprehensive.”
Reevaluation and Revision
Both IDEA and Section 504 require reevaluation. New assessments can be beneficial as they can provide insight into a student's current abilities and needs, potentially resulting in more effective services and support. Families and schools may agree to waive these assessments if they are not believed necessary.
IDEA requires that families meet once a year with the school district to revise their student's IEP. Parents and guardians should take advantage of these meetings to tweak their student's IEP to reflect their current abilities.
Families may also request additional meetings if they have concerns about their student's IEP. Such concerns may be that the IEP is no longer effective or if they believe a district or teacher is not fully implementing their student's IEP.
Dispute Resolution
Under federal law, Oklahoma must provide dispute resolution options for special education. Given the high stakes of education for a child's life and future, it's understandable that disagreements may arise between schools and families.
One important note is that, when possible, families should first try to resolve a disagreement through more informal means. Scheduling a call or a meeting with their student's teacher or another member of the school staff should generally be the first step. Both sides should attempt to explain the reasons behind their position.
If these meetings are not successful or if the circumstances are such that more formal action is needed, families can choose from the following dispute-resolution options:
- IEP Facilitation
- Mediation
- State Complaint
- Due Process Hearing
Of the four, state complaints are the most general. They're less about a specific student and focused more on potential violations of the law. Anyone can file a state complaint.
Due process hearings are the most formal. In some cases, families may use this as a last resort if either mediation or facilitation fails. These hearings are similar to traditional courtroom trials, with a hearing officer overseeing the proceedings. Both sides will present evidence and can appeal the hearing officer's decision to a state or federal court.
IEP facilitation and mediation are similar, although mediation covers a larger array of topics. Both involve a neutral third party who doesn't make decisions but helps guide the conversation. The goal of both is to encourage an open conversation between the two parties that results in a solution.
If you need to pursue a dispute resolution option, the Education Law Team can help. We guide families through the process, including the pros and cons of each choice and which one best fits your specific situation.
Child Find
IDEA requires that public schools locate and identify all children with potential disabilities within their boundaries. This includes children who do not attend the public school and babies and toddlers.
The umbrella term for these location and referral services is Child Find. School districts must publish their procedures for identifying children, including providing contact information for parents or other individuals. Parents may make a referral if they believe their child has a disability. For young children, this can include severe developmental delays.
While early intervention is important, students can be diagnosed at any point during their K-12 education with a disability. For some children, a disability may not become apparent until elementary school or when they begin reading. Even high school students may have undiagnosed disabilities: That a disability was not identified early on does not mean a child or teenager does not have a disability or does not require support.
For those interested in what a district's Child Find notice should look like, Norman Public Schools has its Child Find Procedures posted on the district website.
Early Intervention and Developmental Delays
Research continually shows the importance of early intervention for babies and toddlers with developmental delays or disabilities. Identifying children as soon as possible means they can begin receiving services and support.
Recognizing the importance of support for babies and toddlers, Oklahoma has the SoonerStart program. The program is not just for children but also for their families.
For parents and guardians, knowing when to be concerned about a developmental delay can be difficult. That a child is below average on a benchmark does not mean they have a severe developmental delay.
Children develop at their own pace. One study found that children begin to walk between 8 and 18 months. Some children never crawl. And yet, little, if any, research indicates walking late or early has any influence on a child's later life.
These statistics, of course, matter little when your own child is delayed. Appreciating the difficulty parents and guardians can have in knowing when to be concerned, Jenks Public Schools includes resources on developmental milestones. Such resources can be beneficial to families because they can use them to explain why they're concerned that their child has a delay that needs attention and support.
Transition Support
IDEA requires that districts offer transition services for high school students. Transition planning should be included in a student's IEP and should factor in a student's goals and plans for after high school.
Even if districts do not offer dedicated post-transition programs, they should provide access and information statewide resources. Oklahoma has Project SEARCH, which helps students with disabilities gain experience and training for the job market.
Stillwater Public Schools, for example, does not have any specialized transition programs but does provide information on statewide resources.
In comparison, Lawton Public Schools has a dedicated transition program for its students. The district established the program over 20 years ago.
District Specific Resources
Districts may offer programs above and beyond federal or state requirements. When considering what public school district may be best for your student, knowing about these extra programs may help make the decision.
Edmond Public Schools has a brochure that summarizes the district's available programs and services. The brochure highlights how age and the severity of a disability, including how it affects a child's daily life, will influence the type and extent of special education services a student receives.
Families may also wish to inquire about what Extended School Year (ESY) services districts offer. Moore Public Schools includes when and how families can request ESY enrollment. Similar to Moore, many schools require that ESY be part of a student's IEP.
Special Education is Education
Students with disabilities require special education to fully benefit from their education. Special education is not a bonus but a key part of a student's education.
If and when your student is not receiving the special education services they require, contact the Lento Law Firm. We can help you understand your options and find a solution. We know the importance of your child's education and keep their needs front and center when finding a resolution. Families can call us at 1-888-535-3686 or contact us online.
