Discovering that your child has a disability can create some new challenges when it comes to their education. Each child is unique, after all, and your child's disability may require special accommodations that aren't currently available at their school.
The good news is you have resources! Learning how to navigate the policies and procedures that make up these resources may seem overwhelming, but that's where we can help. The Lento Law Firm is committed to protecting the rights of your child and advocating for the education they need. Call our office at 888-535-3686 today, or reach out online!
Key Education Disability Laws At The Federal Level
There are several laws in place to help protect students with disabilities and ensure they have access to a quality education.
The Americans with Disabilities Act (ADA), specifically:
- Title II - This section of the ADA requires state and local governments to provide ‘equal opportunity' to people with disabilities. This means equal access and the ability to use all related programs, services, and activities, including everything from voting booths and court systems to public parks, public transportation, and public schools. Entities that fall within the scope of this section are also required to adhere to specific construction guidelines for new buildings and alterations, and must also modify older buildings to meet these guidelines unless the modifications would “result in undue financial and administrative burdens.” In a nutshell, public schools must provide the same access and opportunities to children with disabilities as they do to children without disabilities.
- Title III - This section covers private and nonprofit businesses and schools as ‘places of public accommodation' and requires these organizations to meet the basic ADA requirements regarding exclusion, segregation, and unequal treatment. Schools falling under this section must also meet construction standards regarding accessibility, but they are not required to provide a customized program of study for students with disabilities.
The Rehabilitation Act of 1973, specifically:
- Section 504 - This section extends Title II of the ADA to any program or activity held by an organization or business, including private entities, that receives federal funding.
The Individuals with Disabilities Education Act (IDEA):
The IDEA specifically addresses educational resources for people with disabilities, and it lays out a list of requirements that states must meet to receive federal funding.
At the top of this list is the requirement that all eligible children with disabilities receive a free public education (see FAPE below) designed to meet their individual needs. This means that public schools must make accommodations and create curriculums that are tailored to the needs of the child.
The IDEA also protects the rights of disabled children and their parents, and it provides resources to schools and teachers to ensure that such an education can be offered.
Education Disability Resources At The State and Local Level
The State of Ohio uses these federal laws as a guide when creating its educational policies and procedures. These policies and procedures are governed by the Office for Exceptional Children (OEC) within the Ohio Department of Education and Workforce (ODEW, or the Department).
In 2019, the ODEW launched the statewide Each Child, Our Future initiative to ensure public schools were meeting the needs of its students. Building on this strategy, the Department also launched a similar initiative that focused on students with disabilities. Each Child Means Each Child: Ohio's Plan to Improve Learning Experiences and Outcomes for Students with Disabilities was built around a set of recommendations that focused on “increasing literacy skills, improving disproportionality, promoting postsecondary success, fostering inclusive leadership and advancing high-quality instructional practices among educators who serve students with disabilities.”
Additionally, the State has also created a special website to help disabled residents find assistance and resources. Opportunities for Ohioans with Disabilities (OOD) provides an array of services to residents with “physical, intellectual, sensory, and mental health disabilities.” This includes assistance preparing for post-secondary education and future employment for high-school-aged children, 14 and up.
FAPE And IEPs: Additional Definitions You Should Know
As you read through the laws mentioned above, you'll see certain terms repeated throughout, and this is intentional. The ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 were designed to work together to ensure students with disabilities have the resources necessary to complete an education that matches their unique needs.
That means that until the child reaches the age of 18 and graduates high school, elementary and secondary public schools (and private schools receiving federal funds) are required to “meet students where they are” and give them the support they need to succeed. These requirements are outlined using some key concepts:
Free Appropriate Public Education (FAPE) - All children between the ages of 3 and 21 are eligible for FAPE. This includes students with disabilities as well as those who have been suspended and expelled. Students with disabilities may require additional services or curriculum modifications; this is included in the definition of FAPE and will be provided at no cost to the student or their family.
Individualized Education Programs (IEPs) - An IEP is simply a plan for the student's education. These are usually created in a collaboration between the parents and school personnel – the student can also be involved if capable, as can an advocate, social worker, or other professional – and it outlines the support and resources that are needed/anticipated for the coming school year. These plans are designed to be revised on an “as needed” basis.
Least Restrictive Environment (LRE) - LRE can help foster social skills and confidence in disabled children and is a ‘goal' of the IEP. It means that the student will be placed with nondisabled students and included in general school activities as much as possible. This section of the law uses the phrase “to the maximum extent appropriate…” to acknowledge that this may not always be possible or in the child's best interest.
Reasonable Accommodations - This will be the ‘test' of what's required (or not) throughout these laws. In general, the modifications and adjustments required here are intended to give students with disabilities the same education and experience as students without disabilities. But cost, administrative resources, and a variety of other factors can be considered here as well, and if it is determined that the accommodation or modifications would not be reasonable, the school will not be required to make them.
What Is An Independent Educational Evaluation (IEE)?
In the event that the school evaluates your child to determine special education needs and you disagree with the findings, the school can request an IEE, also known as an outside evaluation. This examination is done at no cost to you, and the person performing the evaluation cannot be employed by your child's school district.
You also have the right to request an IEE, and the school district must then provide you with both resources to make the formalized request and instructions to ensure the school district pays for the consultation. If the school district disagrees with your request, it must submit a request to the OEC for a due process hearing.
If you believe your child needs special education services but is not receiving the cooperation you need from your school or district, contact our office. Our Education Law Team has the experience you need to navigate the policies and procedures related to education disability laws. We can help you fight for your child's right to a good education. Contact the Lento Law Firm today.
Are All Dayton Ohio School Districts Subject To The Same Disability Laws?
As of the 2020 Census, the city of Dayton, Ohio had just over 130,000 residents. This makes Dayton, Ohio's 6th largest city, and it is home to a long list of neighborhoods. Some of these areas include:
- Arlington Heights
- Kittyhawk
- Pineview
- Northridge Estates
- University Park
- College Hill
- Patterson Park
- Springfield
- Wolf Creek
- Stoney Ridge
Dayton Public Schools serves these neighborhoods with more than twenty elementary and middle schools in its district, as well as eight high schools. This list includes:
- Belle Haven Elementary
- Belmont Middle School
- Ruskin Elementary
- Thurgood Marshall High School
- Edison Elementary
- Fairview Elementary
- Wogaman Middle School
- Dayton Digital Academy
- Paul Laurence Dunbar High School
Dayton is also the seat for Montgomery County and the anchor for the Greater Dayton Metropolitan Area – a three-county region in the Miami Valley area that collectively serves a population of more than 800,000 residents. These counties – Greene, Miami, and Montgomery – are home to public school districts of all sizes and socioeconomic backgrounds.
Public schools in any of these areas will be subject to the federal laws mentioned here, as well as any state and local laws that govern disability and education in Dayton, Ohio. Understanding how each district approaches the needs of its students is key to getting the support you seek. If you're not sure about how to proceed, the Lento Law Firm Team is ready to help.
Disability Laws For Dayton Colleges And Universities
Both the city of Dayton and the Greater Dayton Metropolitan Area are home to several post-secondary schools, including both private and publicly-funded state schools, as well as local community colleges, universities, and trade schools.
All are governed by federal and state laws; that is, they must provide equal access to programs and activities, and they are prohibited from discriminating against persons with disabilities. Colleges and universities must also make reasonable accommodations to courses of study, extra-curricular activities, and even the physical campus itself to ensure the required “equal access.” This can include everything from providing interpreters and listening devices to altering testing policies, accommodating service animals, and physically altering entry points for easier access.
Again, reasonable is the keyword there. We touched on this earlier, but it's worth mentioning again here: If the school can show the accommodation would drastically change the heart of the program or activity in question, or if it would create an unnecessary burden, they won't be required. Colleges are also not required to identify disabled students; it is up to the student and/or guardians to seek out any necessary accommodations.
In addition, once the student graduates high school, the IDEA is no longer applicable. In fact, once the student turns 18, they are legally an adult, and the parent's role will change. This can include access to information about the student -- health and school records, for example – as well as the ability to speak and advocate on the child's behalf. As you're exploring resources for your child's education, make sure that you have addressed these changes to whatever extent you deem necessary.
What About Private Schools?
The ADA does apply to private schools to the extent that the law considers them to be “places of public accommodation” as defined under Title III. This means that the schools are required to be physically accessible to people with disabilities, including extra-curricular activities, and with the same caveat as above: if it presents an undue hardship, modifications are not required. Also, note that this Title III requirement applies whether the school receives any federal funding or not.
That said, private schools are not required to provide a free education, and unless they receive federal funding or grant money, they are not required to provide an IEP. Private schools will often use IEPs, however, as they can help improve the students' overall experience.
Also, note that there are differences between what is required for "parentally placed private school children" with disabilities versus those who have been placed in a private school by an agency. Understanding these differences can help you create the best educational plan for your child.
What Types Of Disabilities Are Protected By These Laws?
To be considered a student with disabilities under the IDEA, your child must require special education and/or related services due to one or more recognized disabilities. These can range from speech and hearing impairment to emotional disabilities, orthopedic impairments, intellectual and developmental disabilities, deafness, blindness, and a variety of other challenges and impairments.
If you believe your child has a disability, you can ask the school to conduct an evaluation. The school may also initiate the request that your child be evaluated, but you must give written consent before any such evaluation can be conducted. You can also revoke your consent at any time.
Your Child Deserves A Good Education
Getting your child the right care and education plan is crucial to their success, so if your school isn't providing that support, it's imperative you understand all the options and resources available in your area.
The Education Law Team at the Lento Law Firm brings both experience and dedication to the table as they advocate for your child's education. If you need someone to protect your child's rights, the Lento Law Firm Team can help. Call our office at 888-535-3686 for a consultation now, or tell us about your case online!
