Parenting any child can be a stressful, all-encompassing, never-off-duty job. But parenting a child with an educational disability often means even more involvement and those demands can extend into their college years.
Laws surrounding educational disability issues are complex and hard to decipher, and parents are often required to make important decisions quickly before they've had time to fully understand the issues, their options, and what the law requires.
If this sounds like your situation, The Lento Law Firm can help. We have assisted many parents in navigating these issues, and we can help you, too. Call our office at 888-535-3686 today or contact us online.
Your Child's Right to a FAPE
Protecting your child's right to a free and appropriate public education (sometimes shortened to FAPE) can feel daunting, especially when faced with a disability and complex laws and bureaucratic procedures. You want your child to succeed in school, but if your child needs additional support to be successful, you may not know what your child can reasonably expect to receive. Understanding your child's rights and knowing how to advocate effectively can make a significant difference in their educational journey.
Every child in the United States, regardless of their level of ability, is entitled to a free and appropriate public education (FAPE), and two federal laws govern the education of students with disabilities:
Individuals with Disabilities Education Act (IDEA): This law guarantees a free and appropriate public education for all eligible children with disabilities ages three to 21. It emphasizes the importance of providing services in the least restrictive environment (LRE), meaning students with disabilities should have the opportunity to learn alongside their non-disabled peers to the greatest extent possible.
Section 504 of the Rehabilitation Act of 1973: This law prohibits discrimination against individuals with disabilities in any program or activity that receives federal funding, including public schools. It ensures students with disabilities have equal access to educational opportunities and benefits.
Navigating the Special Education Process
As you probably already know, you are your child's strongest advocate, and your child is counting on you. Most educators and school administrators also want your child to succeed, though it may not always seem that way. Don't be afraid to ask questions, raise concerns, and seek help when needed. Collaboration is key. Try to build positive relationships with your child's teachers, school administrators, and other professionals involved in their education, but don't be afraid to be persistent and firm.
Step One: Request an evaluation. If you suspect your child has a disability, you can request an evaluation in writing from your child's school principal. The school district must conduct a comprehensive evaluation to determine if your child has a disability and qualifies for special education services.
You can also have your child evaluated for a disability by other medical professionals and can take the results of that evaluation to your child's school administrators.
Step Two: Help develop an IEP. Once a determination has been made, your child may be issued an Individualized Education Program (IEP). This document outlines your child's specific needs, goals, and services designed to meet those needs. The IEP should be developed collaboratively with your input and consent. Be sure to attend the IEP meetings, read the document carefully, make your own suggestions, and ask questions about anything you don't understand.
It's important to remember that the school is required to make these accommodations:
- Least Restrictive Environment (LRE): The school district must place your child in the general education classroom with their non-disabled peers to the greatest extent possible, providing any necessary supports and modifications.
- Related Services: These services, such as speech-language therapy, occupational therapy, and psychological counseling, are provided to help your child access and succeed in their education.
- Procedural Safeguards: These safeguards ensure you have the right to participate in your child's education, access records, and dispute decisions made by the school district.
Step Three: Document everything: Keep a detailed record of all communications, meetings, and decisions related to your child's education. Many parents find it helpful to have a dedicated binder for documents related to their child's educational plan.
Step Four: Seek support: There are many resources available to help you advocate for your child, including parent advocacy groups, legal aid organizations, and disability rights organizations. When educators and administrators are not meeting your child's needs, we can help. Call our office at 888-535-3686 today or contact us online.
Public Schools in Springfield
Springfield Public Schools is the largest school district in Springfield, serving over 25,000 students in grades pre-K through 12. It operates 34 elementary schools, 7 middle schools, 5 high schools, and several special education schools.
Elementary Schools:
- Balliet Preschool
- Chestnut Academy
- Frederick Harris Elementary School
- Glickman Elementary School
- Homer Street Elementary School
- James E. Van Sickle Elementary School
- Mary A. Dryden Veterans Memorial School
- Rebecca Johnson Elementary School
- Sixteenth Street Elementary School
- Springfield Public Day Middle School
- Theron D. Ware Elementary School
- Van Sickle Innovation Academy
- William N. DeBerry Elementary School
Middle Schools:
- Chestnut Middle School
- Elias Brookings Middle School
- Gertrude A. Leary Middle School
- Thomas J. Doherty Jr. Middle School
High Schools:
- Central High School
- Commerce High School
- High School of Science and Technology
- Smith Vocational and Agricultural High School
Additional Public Schools:
- Springfield Conservatory of the Arts
- Springfield Renaissance School
- Springfield Classical Academy
- Springfield International Charter School
- Springfield Charter School
Disability Rights in Springfield's Private Schools
Often, people assume that only students in public schools can receive special education assistance. However, federal and state laws dictate that students attending private schools in Massachusetts have some disability rights, too, even though they don't attend public schools.
Federal Law:
- Section 504 of the Rehabilitation Act of 1973: This law prohibits discrimination against individuals with disabilities in any program or activity that receives federal funding, including some private schools. This means private schools must provide students with disabilities equal access to educational opportunities and benefits, such as extracurricular activities and facilities. However, they are not required to provide the same level of special education services as public schools.
- Individuals with Disabilities Education Act (IDEA): This law primarily applies to public schools, but it also offers some protections for students with disabilities attending private schools. Under IDEA, public schools are obligated to:
- Locate and evaluate private school students with disabilities within their jurisdiction.
- Calculate and spend a proportionate share of their federal IDEA funds to provide equitable special education services to these students.
- Provide a free and appropriate public education (FAPE) to private school students if the public school fails to do so and the private placement is appropriate.
Massachusetts Law:
- Massachusetts Special Education Law: This law applies to both public and private school students with disabilities. It requires private schools to:
- Admit students with disabilities to the same extent as non-disabled students.
- Provide reasonable accommodations to students with disabilities to ensure equal access to educational programs and activities.
- Develop Individual Education Plans (IEPs) for students with disabilities upon request from parents.
- Provide access to special education services, but only to the extent that the services are comparable to those provided to public school students with similar needs.
Additional Considerations:
- Private schools have more discretion in how they implement disability rights laws.
- Parents of private school students with disabilities may need to advocate more for their child's needs.
- It's important to note that private schools are not required to follow all of the procedural safeguards outlined in IDEA.
Private Schools in Springfield:
- Cathedral High School
- Wilbraham & Monson Academy
- The MacDuffie School
- Montessori School of Springfield
College Students with Disabilities
Fortunately, disability rights do not end with K-12 schooling. Higher education students are also entitled to some accommodations, though the process looks different than for K-12 students. College students in Massachusetts with disabilities have a wide range of rights and protections under federal and state law. These rights ensure they have equal access to educational opportunities and can achieve academic success.
Federal Law:
- Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities in any program or activity that receives federal funding, including colleges and universities. This means colleges must provide reasonable accommodations to students with disabilities to ensure equal access to courses, programs, activities, and facilities.
- Section 504 of the Rehabilitation Act of 1973: Just as for grades K-12, Section 504 prohibits disability discrimination in federally funded programs and activities. It requires colleges to provide equal access to educational opportunities and benefits for students with disabilities.
- Individuals with Disabilities Education Act (IDEA): While primarily applicable to K-12 education, IDEA also plays a role in ensuring college access for students with disabilities. It mandates that public schools provide transition services to students with disabilities, including assistance with college planning and application.
Massachusetts Law:
- Massachusetts General Laws Chapter 151B: This law prohibits discrimination based on disability in all areas of public life, including education. It requires colleges to provide reasonable accommodations to students with disabilities and prohibits them from imposing discriminatory admissions policies or practices.
- Massachusetts Commission Against Discrimination (MCAD): This state agency enforces Chapter 151B and investigates complaints of disability discrimination.
While older students are generally expected to advocate for themselves, parents still have an important role in ensuring that college students understand their rights and know how to request accommodations.
College students are entitled to equal access to courses, programs, activities, and facilities. This includes access to classrooms, labs, libraries, dining facilities, housing, and transportation. They are also entitled to reasonable accommodations, which may include extended time on exams, note-taking assistance, alternative testing formats, assistive technology, and accessible housing.
Colleges must provide materials and communications in accessible formats for students with disabilities, such as braille, large print, or audio recordings, and colleges must provide opportunities for students with disabilities to live independently, such as accessible housing and services.
By knowing their rights and seeking available resources, college students with disabilities can ensure they have the support they need to succeed educationally.
Higher Education in Springfield
The Springfield area boasts a diverse range of public and private colleges and universities, including:
Public Institutions:
- University of Massachusetts Amherst
- Westfield State University
- Holyoke Community College
- Springfield Technical Community College
Private Institutions:
- Western New England University
- American International College
- Springfield College
- Elms College
- Bay Path University, in Longmeadow, Massachusetts
- Hampshire College, in Amherst, Massachusetts
Federal laws and Massachusetts state laws require that every student receive educational accommodations to help them reach their full academic potential, even as students move into their post-secondary schooling.
But, just as in K-12, making sure your child receives what they're legally entitled to can be difficult, stressful, and very confusing. Educators are busy and sometimes resistant to providing accommodations, and without a knowledgeable, committed, persistent advocate, your child could fall through the cracks. Sadly, parents often find that if they do not assertively insist on the accommodations their child is legally entitled to receive, their child and their child's education can suffer.
The professional legal team at the Lento Law Firm understands this area of disability law well and can help you know what your student should be receiving and how to go about making sure your child gets what they need. We can explain the entire process and let you know what resources your child is entitled to receive; we can help you get ready for these crucial meetings, and we can help you advocate for your child.
We're ready to help you work with educators in Springfield to make sure your child gets everything the law says they're entitled to receive and everything they need to succeed. Call our office at 888-535-3686 today or contact us online.
