Famous for some of the most exclusive and expensive vacation destinations in the world, Wyoming is home to over 90,000 students who receive special education services every school year. Whether a child lives in Cheyenne or Laramie, they have the right to a free public education. For students with disabilities, that right extends to special education services.
When a student with disabilities does not receive effective special education support, they're more likely to struggle in school. The Education Law Team at the Lento Law Firm can help. We work with families nationwide, in large cities and rural enclaves, to ensure their child gets the support they require. For students with disabilities, special education is a right, and we help our clients ensure their children's rights are not ignored. To tell us more about your situation, call us at 888-535-3686 or fill out an online form.
What is Special Education?
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.”
A common misconception about special education is that it relates to a child's intelligence – namely, that a child cannot be intelligent and requires special education support. While some disabilities may affect an individual's intelligence or reasoning abilities, needing special education doesn't relate to a child's ability to benefit from and succeed in school.
Requiring special education services simply means a student learns differently. They may require assistive technology or aids, such as braille or audio guides for vision-impaired students. That a student requires more time on a test doesn't mean they're incapable of understanding an assignment or doing well in a class; It simply means they need more time than their nondisabled peers.
Students with disabilities continue to lag behind their peers in testing. One potential reason for this divide is that what schools say they do regarding special education can differ from what they do for special education students.
Federal Laws
For students with disabilities, three federal establish their rights and protect them from discrimination. They are The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA).
The ADA is the broadest law, covering anyone with a disability and any organization or building open to the public. This includes private schools, colleges, and universities.
For students, the key part of Section 504 is its ban on disability-based discrimination in education. Section 504 covers not just learning in the classroom but all events that are part of a school community, including extracurricular activities. Section 504 also establishes 504 Plans.
IDEA is the narrowest of the three laws but often the most relevant for K-12 students. IDEA covers all individuals under the age of 21 who have not graduated from high school. It requires public schools to provide special education services to all toddlers, children, and teens who reside within their boundaries, regardless of a child's age or if they're enrolled in their local public school. When a student qualifies under IDEA, they have a right to an Individualized Education Program (IEP).
IEPs are written documents that list what services and support a school must provide to a student with disabilities. Once agreed upon, IEPs are binding. IEPs should be tailored to the individual student and not to a student's disability. Students with the same disability may require different services or accommodations. Ideally, IEPs should factor in not just a student's disability but also their strengths and goals.
Wyoming Law
In Wyoming, the state version of rules and protection for students with disabilities is Chapter 7. This section states that services and support are available for children and teenagers under the age of 21 who have not graduated from high school.
Child Find
Public school districts are responsible for identifying and assessing children with disabilities who reside within a district's boundaries. The catchall term for this process is Child Find. While Child Find is often used to refer to early intervention services, it encompasses identifying any toddler, child, or teenager who is under the age of 21 and has not graduated from high school.
School districts may partner with agencies and organizations that specialize in early intervention for identifying children with disabilities from birth until two years of age. Teton County School District, for example, works with the Children's Learning Center as part of its Child Find program.
Public schools may also have a duty to identify a student who attends a private school located within the public school's boundaries. This is the case even if the child is not a resident within the district.
Special Education Terms
Special education involves dozens of terms and acronyms. Free appropriate public education, the least restrictive environment, and reasonable accommodations appear often.
Free appropriate public education (FAPE) refers to the right that all children in the United States have to a public K-12 education, provided at no cost to their families. For students with disabilities, this right, including families not having to pay, extends to special education services.
Least restrictive environment (LRE) refers to placement decisions. As much as possible and when it's in the best interests of a student with disabilities, they'll be placed in general education classrooms.
Finally, reasonable accommodations refer to what accommodations and services schools must offer to be in compliance with the law. These accommodations must be effective and not place an undue burden on the school or any member of the school community.
Dispute Resolution
When families and school districts are unable to agree on issues related to special education, they can turn to one of three dispute resolution options. Wyoming offers the following ways to resolve disagreements about special education:
- Mediation
- State complaint
- Due process hearing
Mediation involves a neutral third party guiding a conversation between the two sides. The third party does not participate in reaching an agreement.
Due process hearings, in comparison, involve a third party that issues a decision. Similar to a traditional courtroom trial, a due process hearing involves both sides presenting evidence.
State complaints are less about a specific student but focus on suspected violations of either federal or state law involving special education. Anyone can file a state complaint.
When conversations and meetings do not result in a solution to a program, these formal options can help. The Education Law Team at the Lento Law Firm assists our clients in understanding the pros and cons of each avenue and which is best for their situation.
Who Qualifies for Special Education
IDEA and IEPs use a narrower definition of disability than Section 504 and the ADA. Under all of the laws, a student's disability must affect their ability to learn to qualify for protection and support.
IDEA requires that students have a qualifying disability to be eligible for an IEP. In Wyoming, the following are qualifying disabilities:
- Autism
- Cognitive disability
- Deaf-blindness
- Developmental delay
- Emotional disturbance
- Hearing impairment
- Multiple disabilities
- Orthopedic impairment
- Other health-impaired
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment
Sublette County School District No. 1 uses Building Intervention Teams (BIT) as the first step to determining if a child has a disability.
The ADA and Section 504 define a disability as a physical or mental impairment that affects at least one major life activity. Education is considered a major life activity.
How to Qualify for Special Education
Children must be eligible to qualify for special education services. To qualify, they must undergo an assessment to determine their disability and also how it affects their education.
Lincoln County School District No. 1 provides a PDF version of the district's special education handbook. The handbook includes an overview of the eligibility process, which is similar for school districts across Wyoming.
The general steps to qualify for special education:
- Referral
- Initial evaluation
- Eligibility determination
- Annual Meeting
- Reassessment
Referral
The process begins when parents, teachers, doctors, or other adults refer a child to their local school district. An individual makes a referral when they believe a child may have a disability that affects their education.
Initial Evaluation
If a school district believes there are grounds to suspect a child has a disability, the next step is evaluation and assessment. A district will first review existing information, such as a student's academic record, to decide if further evaluation is needed.
If a district moves forward with evaluation, the process will depend on a child's suspected disability and what's already known about the disability. A student previously diagnosed with a vision impairment will likely have a different assessment process than a student with a suspected learning disability. A child's age can also influence how they are evaluated.
All evaluations must be “sufficiently comprehensive.” Assessments are important, not just because they determine if a child has a disability. They also inform what services and accommodations a student will receive.
Eligibility Determination
Schools and parents or guardians will then meet to discuss the next steps, including whether a child meets the eligibility criteria under either IDEA or Section 504. If they do, the next step will be for the school to schedule a meeting with parents or guardians. During this meeting, they'll discuss what will be included in an IEP or 504 Plan.
Annual Meeting
Families should meet with school districts at least once a year to review their child's IEP or 504 Plan. They may also request additional meetings if they believe a revision is necessary or if their student's current IEP or 504 Plan is not being implemented.
Reassessment
For both IEPs and 504 Plans, students must be reassessed every three years. The purpose of reassessment is to determine if the student still needs the IEP or 504 Plan and check their current level of educational performance. Reassessment may provide better information on a student's disability and allow for better support and services in an IEP or 504 Plan.
If and when parents and school districts agree that reassessment isn't necessary, they may agree to waive reassessment.
Special Education Services and Programs
As special education covers a wide array of disabilities and services, districts should offer or have access to different specialists and programs. Even when two children have the same disability, they may require entirely different support or accommodations.
Natrona County Schools provides a list of some of the services they provide as part of their special education program. This list demonstrates the wide range of support and services that special education covers, such as:
- Adaptive Physical Education
- Assistive Technology Services
- Audiology Services – Deaf/Hard of Hearing Services
- Behavior Interventionists
- Educational Resource Center
- Foundations For Success
- Homebound Special Education Teacher
- Mental Health Providers
- Occupation & Physical Therapy
- Parent Resource Center
- Psychological Services
- Speech and Language Services
- Vision Services
While many of these programs are common, other districts may or may not offer them or may offer different support. As long as schools offer reasonable accommodations, they do not have to offer the same program or service as other schools.
Qualified Staff
Sheridan County School District One emphasizes the importance of providing individualized special education support. The district lists some of the specialists that provide services to students, including:
- Teachers who have training or certification in special education
- Speech and language pathologists
- Occupational therapists
- Physical therapists
- Psychologists
- Paraprofessionals
During IEP or 504 Plan meetings, families should focus not just on what services and support a district has for their student and their student's unique needs. They should also ask about whether a school has staff or partnerships that will allow a student to work with qualified professionals.
Programs and Services
Schools may also offer programs above and beyond federal and state requirements. Park County School District No. 1 offers the Busy Bean, a coffee shop staffed by students and designed to help students learn life skills.
Sweetwater County School District No. 2 offers several programs focused on supporting students with disabilities. These include a Snoezelen room and an extended resource program room.
Division of Vocational Rehabilitation
A division of the Wyoming Department of Workforce Services, Vocational Rehabilitation assists individuals with disabilities in participating in the workforce. The division works with approximately 4,000 people annually, including high school students transitioning from school to jobs.
Special Education is a Right
When your child has a disability, they have a right to the special education services they require as part of their education. When schools fail to find a child eligible for services, fail to provide effective accommodations, or fail to implement agreed-upon services, families have ways to address these problems and find a solution.
The Education Law Team at the Lento Law Firm assists families nationwide in finding collaborative solutions that center on students' education. If you're in Wyoming and need help resolving a problem with your child's access to special education, contact us at 888-535-3686 or fill out an online form.
