Parenting a child with an educational disability can be extremely stressful as well as emotionally and intellectually demanding. In addition to wanting what is best for your child, you may find yourself trying to decipher complex laws and regulations, and you may be expected to make important decisions quickly before you fully understand the issues or your options.
You should know that all parents of students with educational disabilities in Winston-Salem and throughout the Triad, the Piedmont Region, and the state of North Carolina have rights that are protected by state and federal laws. These include a right to be involved in the Individual Education Plan (IEP) process, the right to receive information about your child's education, and the right to dispute decisions made by the school district.
If you're a parent to a child with an educational disability in Winston-Salem, you're not alone. The Lento Law Firm can help. We have experience assisting parents in navigating the laws and regulations surrounding special education. We can help you understand your rights and options, and we can advocate for your child's best interests. Call our office at 888-535-3686 today or contact us online.
What Does FAPE Mean?
A good education can unlock a child's potential. But, for children with disabilities, achieving that potential can be unfairly hindered by inadequate access to a free and appropriate public education, often referred to as FAPE. This right, enshrined in federal law, guarantees every child, regardless of ability, the opportunity to thrive in a supportive learning environment.
FAPE is more than just a technical term. It's a promise. Imagine a classroom where a child with dyslexia receives specialized instruction alongside their peers or a child with autism benefits from individualized support plans tailored to their unique learning style. These are not simply privileges; they are legal entitlements.
Navigating the path toward FAPE can be challenging, however, especially for families unfamiliar with their rights and the legalities involved. School districts, while obligated to provide FAPE, may not always fulfill this obligation consistently.
Which Laws Apply?
In Winston-Salem, a collection of federal and state laws weave a safety net for students with disabilities, ensuring their right to a free and appropriate public education. Navigating this legal landscape can feel daunting, but understanding your child's rights is the first step towards empowering them.
At the federal level, the Individuals with Disabilities Education Act (IDEA) stands as the cornerstone. This comprehensive law outlines specific rights for students, including:
- Evaluation and identification: Schools must properly assess your child and determine if they qualify for special education services.
- Individualized Education Programs (IEPs): Each child must have a personalized IEP outlining their unique needs and the specific services they require to succeed.
- Least restrictive environment (LRE): Schools must educate your child alongside their general education peers to the greatest extent possible, with appropriate supports in place.
- Procedural safeguards: You have the right to disagree with school decisions and seek due process through administrative hearings and mediation.
North Carolina law Chapter 115C - Article 9 further strengthens these protections through its own state Department of Public Instruction policies. These emphasize:
- Early intervention: Early identification and support for children with disabilities is crucial for optimal outcomes.
- Positive behavior interventions and supports (PBIS): Schools must implement proactive measures to address behavioral challenges, minimizing exclusionary disciplinary practices.
- Transition planning: Schools must prepare students with disabilities for life beyond high school, including postsecondary education and employment opportunities.
These laws are powerful tools to ensure your child receives the education they deserve. If you suspect your child is not receiving FAPE in Winston-Salem, don't hesitate to reach out to an educational law attorney. We can help you understand your rights, advocate on your child's behalf, and ensure their journey toward success is paved with legal clarity and support.
What is the Process?
The process for requesting accommodations for a student with a disability in Winston-Salem and surrounding areas typically involves several steps, though the steps may vary depending on the educational institution.
Step One: Self-identification and Documentation Submission
The student needs to self-identify as a person with a disability and submit appropriate documentation to the office responsible for disability services at their school.
Step Two: Review and Approval
The submitted documentation is evaluated to determine the eligibility for accommodations. This process is usually done on a case-by-case basis.
Step Three: Meeting with Disability Services Staff
The student may be required to meet with a staff member from the disability services office to discuss their specific accommodation needs and to finalize the accommodation plan.
Step Four: Requesting Accommodation Letters
After the accommodations have been approved, the student can request that letters be sent to their instructors or other relevant personnel informing them of the accommodations.
Step Five: Ongoing Support
Students (and their parents) should communicate with the disability services office as needed, especially if their accommodation needs change.
What Types of Accommodations are Available?
Students with disabilities can request and access a variety of academic accommodations, including:
- Adjustable furniture, such as desks or chairs, to ensure comfort and accessibility
- Assistive devices, such as listening devices or other technological aids to support learning
- Extended time and alternative testing environments, such as a quiet space for testing
- Note-taking assistance, including access to instructor notes
- Service animals and emotional support animals
- Other individualized accommodations tailored to the specific needs of the
Winston-Salem/Forsyth County Public Schools
Elementary
- Ashley Academy
- Bolton Elementary School
- Brunson Magnet Elementary: STEM
- Caleb's Creek Elementary School
- Cash Elementary School
- Clemmons Elementary School
- Cook Literacy Model School
- Diggs-Latham: Magnet - Visual & Performing Arts - Dual Language Immersion
- Easton Elementary: One-Way Dual Language
- Forest Park
- Gibson Elementary School
- Griffith Elementary School
- Hall-Woodward Elementary School
- Ibraham Elementary School
- Jefferson Elementary School
- Kernersville Elementary School
- Kimberley Park Elementary School
- Kimmel Farm Elementary School
- Konnoak Elementary School: International Studies
- Lewisville Elementary School
- Meadowlark Elementary School
- Mineral Springs: Magnet - Visual & Performing Arts
- Moore Magnet Elementary: STEAM
- Frank Morgan Elementary School
- North Hills Elementary School
- Old Richmond Elementary School
- Old Town Elementary: One-Way Dual Language
- Petree Elementary: STEM
- Piney Grove Elementary School
- Rural Hall Elementary School
- Sedge Garden Elementary School
- Sherwood Forest Elementary School
- Smith Farm: Dual Language Immersion (Spanish)
- South Fork Elementary School
- Southwest Elementary School
- Speas Global Magnet: International Baccalaureate (IB)/Dual Language Immersion
- The Downtown School: Magnet
- Union Cross Elementary School
- Vienna Elementary School
- Walkertown Elementary School
- Ward Elementary School
- Whitaker Elementary School
Middle Schools
- Clemmons Middle
- East Forsyth: Dual Language Immersion (Spanish)
- Flat Rock
- Hanes Magnet: STEM (HAG Program)
- Thomas Jefferson
- Kernersville Middle
- Lewisville Middle
- Meadowlark
- Mineral Springs: Magnet: Visual & Performing Arts
- Northwest
- Paisley Magnet School: International Baccalaureate Program/Dual Language Immersion
- Philo-Hill Magnet Academy: STEAM
- Southeast
- The Downtown School: Magnet
- Walkertown
- Wiley Magnet: STEAM
- Winston-Salem Preparatory Academy: Magnet - AVID - Academy for Education and Sports Management
High Schools
- Atkins Academic & Technology High Magnet : STEM - Academies of Biotechnology & Medical Sciences(Nursing), Creative Media & Technology, and Engineering
- Carver: AVID - Academies of Hospitality & Tourism, and Information Technology(Cyber Security)
- Early College of Forsyth County: Magnet
- East Forsyth: Academy of Finance
- Middle College of Forsyth County: Magnet
- Robert B Glenn: Fire Academy, and Academy of Finance
- John F Kennedy: Magnet - Academies of Construction & Design, Health Sciences(Pharmacy Tech), and Culinary Arts & Hospitality
- Mount Tabor: Academy of Hospitality and Tourism(Sports Marketing)
- North Forsyth Magnet : Academy of Health Sciences(Biomedical Science, EMT, Nursing, Veterinary Assisting)
- Parkland Magnet: International Baccalaureate (IB)/Dual Language
- Ronald Wilson Reagan High
- RJ Reynolds Magnet: Visual & Performing Arts
- Walkertown: EMT and Fire Academy
- West Forsyth: Academy of Finance, Fire Academy
- Winston-Salem Preparatory Academy Magnet: AVID - Academy for Human Services and Sports Management
Non-Traditional Schools
- Career Center
- C. Douglas Carter High School
- Kingswood School
- Lowrance Middle
- Main Street Academy
- Children's Center (Offers Typical Kindergarten)
- The Special Children's School (Offers Typical Kindergarten)
- Virtual Academy
Private Schools in Winston-Salem
Under federal law, private schools in North Carolina are not legally obligated to provide resources for academically disabled students. Unlike public schools, which fall under IDEA, private schools are exempt from this requirement.
- However, some private schools may choose to provide accommodations and support for students with academic disabilities. This can be due to:
- Ethical and moral reasons: Many private schools value inclusivity and strive to provide support for all students, regardless of ability.
- Competitive advantage: Offering accommodations can attract a wider range of students and enhance their reputation.
- State regulations: Some states, including North Carolina, have anti-discrimination laws that apply to private schools. While not specifically focused on academics, these laws may influence schools to provide some level of support.
North Carolina Specifics:
- North Carolina has an anti-discrimination law called Chapter 115C, which prohibits discrimination based on disability in all public places, including private schools. This law, however, does not require private schools to provide specific accommodations for academically disabled students.
- Private schools in North Carolina can choose to develop their own policies and procedures regarding academic accommodations. These policies may vary significantly from school to school.
Private Schools in the Winston-Salem Area
Elementary (Pre-K to 5th Grade):
- Calvary Day School
- Forest Park Christian School
- Gospel Light Christian School
- Our Lady of Mercy Catholic School
- Redeemer School
- Salem Academy (Kindergarten to 8th Grade)
- St. John's Lutheran Day School
Middle (6th to 8th Grade):
- Salem Academy (Kindergarten to 8th Grade)
- Summit School (3rd to 9th Grade)
- Winston Salem Christian School (6th to 12th Grade)
High (9th to 12th Grade):
- Calvary Baptist Christian School
- Conrad Academy
- Piedmont Christian School
- Salem Academy (9th to 12th Grade)
- St. Andrew's Episcopal School
- Winston Salem Christian School (6th to 12th Grade)
All Grades (Pre-K to 12th Grade):
- Forsyth Country Day School
- Trinity School of Wake Forest
Higher Education
College and university students with disabilities in North Carolina have several important rights guaranteed by federal and state laws.
Federal Laws:
- Individuals with Disabilities Education Act (IDEA): Although IDEA primarily applies to K-12 education, it also covers some college students with disabilities who receive special education services through high school and continue to need them in post-secondary education.
- Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities in all aspects of public life, including higher education. This means colleges and universities must provide reasonable accommodations to ensure equal access to programs, activities, and services.
- Section 504 of the Rehabilitation Act of 1973: Similar to the ADA, prohibits discrimination based on disability and requires colleges and universities to provide reasonable accommodations for students with disabilities.
North Carolina State Laws:
- Chapter 115C - Article 9 of the North Carolina General Statutes: This state law outlines specific rights and services for students with disabilities in public colleges and universities. It requires institutions to provide:
- Disability Services Offices: Dedicated offices to support students with disabilities in accessing accommodations and services.
- Individualized Accommodation Plans (IAPs): Similar to IEPs in K-12, IAPs outline specific accommodations a student needs to succeed academically.
- Grievance procedures: A process for students to file complaints if they feel their disability rights have been violated.
Examples of Disability Rights in NC Colleges and Universities:
- Testing accommodations: Extended time, distraction-free environment, use of assistive technology, etc.
- Note-taking assistance: Audio recordings, note-takers, etc.
- Alternative formats for course materials: Braille, audio recordings, digital formats, etc.
- Flexibility in attendance and deadlines: Extensions, excused absences, alternative assignments, etc.
- Assistive technology and equipment: Specialized software, adapted equipment, etc.
- Communication access: Sign language interpreters, CART captioning, etc.
Colleges and Universities in and Around Winston-Salem:
- Wake Forest University
- Winston-Salem State University
- Salem College
- Carolina University
- Forsyth Technical Community College
- High Point University
- University of North Carolina at Greensboro (UNCG)
- Guilford College
The Lento Law Firm Can Help
No matter your situation, it's important that you know that you don't have to navigate the confusing world of disability rights for students alone. Whether you're advocating for an Individualized Education Program (IEP) that truly reflects your child's needs, challenging unfair disciplinary actions, or seeking compensation for past educational neglect, we're here to empower you.
Every child deserves a chance to succeed academically. Let's work together to ensure they get the education they deserve right here in Winston-Salem. Call our office at 888-535-3686 today or contact us online.
