Roughly 2.12% of Vermont's adult population is confirmed to have autism. That number may rise with time as doctors and psychologists continue refining their understanding of this disorder. Knowing this, the state of Vermont strives to provide autistic students of all ages with all the assistance they need to succeed academically and as productive members of society.
Here, you'll find a guide with a detailed overview of how Vermont accommodates students with autism. If you feel that a school is violating your rights as an autistic individual or the rights of your autistic child, the Lento Law Firm can offer insight or correct the situation. To get started, call the Lento Law Firm offices at 888.535.3686 or fill out this contact form.
Laws and Regulations Governing Accommodations for Autism
The Rehabilitation Act of 1973, the Individuals with Disabilities in Education Act of 1975, and the Americans with Disabilities Act of 1990 all protect people with autism at the federal level; Vermont has also established its own laws and regulations. In addition to ensuring compliance with federal law, they provide specific guidance and instructions for schools and other organizations to support autistic students.
Development Disabilities Act
In 1996, Vermont passed the Development Disabilities Act, guaranteeing disabled people the right to safety, shelter, autonomy, community support, and the ability to work and attend school if they so wish.
The act is divided into numerous sections and categories, one of which is labeled Part 4. It mentions state-approved education programs, such as the Post-Secondary Education Initiative (PSEI). With grants and Medicaid funding, this program helps autistic and other disabled individuals complete college, become independent, and develop successful careers.
Part 4 also allows high school students and adults aged 21 to 28 to have Individual Education Plans (IEPs) if their schools deem them helpful and doable. Educators and administrators may determine students' eligibility on a case-by-case basis.
Act 173 of 2018
Public K-12 schools can only use a certain amount of their funding for special education, which serves autistic students. Act 173 of 2018 aims to optimize the use of funds to enhance the “effectiveness, availability, and equity of services” that each school provides.
To implement the act, the Vermont Agency of Education is enacting several policies and changes in the state education system. For example, students with autism and other disabilities must have access to top-notch teachers and experts in their conditions. They must also receive instruction on auxiliary subjects that support their core education.
BEST/Act 23
Knowing that good books aren't the only factor in academic success, Vermont allows schools to apply for a BEST/Act 230 grant every fiscal year. Schools that receive the grant can organize specialized workshops, webinars, training sessions, and other programs. Educators and administrators can attend and learn evidence-based practices to provide supportive learning environments and personalized instruction for students with disabilities, including autism.
Types of Accommodations and Other Supportive Services
Creating laws and regulations is only the first step toward fostering supportive learning environments for autistic students. Vermont educators and administrators must manifest these rules as executable and measurable services and accommodations. The Vermont Agency of Education has developed and approved the following.
Multi-Tiered System of Supports
Academic success is dependent on a variety of factors. Since autism is an overarching influence across an affected person's life, a holistic approach is often prudent.
K-12 Schools
Abbreviated as VTmtss, the Vermont Multi-Tiered System of Supports encourages collaboration among teachers, parents, and any other adults relevant to an autistic student's success and well-being. Together, they determine how best to meet the student's academic and emotional needs. They design plans of action implementing a combination of instruction, interventions, and assessments. Progress reports and collections of data serve to guide any changes in these plans.
For a child with autism, the VTmtss could look like a variety of short- and long-term programs, depending on their specific needs or concerns. For example, they may receive extra instruction on subjects with which they struggle or assistance with emotion management.
Post-Secondary Schools
The VTmtss is only meant for K-12 students in Vermont and does not apply to Vermont's post-secondary schools.
IEP/504 Plan
Graduation and other academic achievements come with certain requirements. Anyone who's serious about their goals needs to have a plan for reaching them. This is especially true for students with autism, as they must deal with the challenge of navigating educational systems designed primarily for neurotypical people.
K-12 Schools
Thanks to Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act, disabled K-12 students can expect reasonable accommodations from the public school system. Such accommodations frequently include IEPs or Individual Education Plans.
Depending on a child's needs, IEPs can range from an extra class or two to detailed special education programs and supportive equipment. Teachers, administrators, and parents work together to set certain goals and help the students achieve them, adjusting the IEPs according to their progress.
Autism manifests uniquely from person to person. Together with the VTmtss, IEPs benefit autistic students with goals and programs tailored to their particular cases, helping them succeed academically.
Post-Secondary Schools
Both Section 504 and the ADA require post-secondary schools to make accommodations for autistic learners, but IEPs are just for K-12 public school students.
Text to Speech
People with autism commonly struggle with effective communication. For some, this includes trouble with speaking out loud. In a school setting, an inability to speak can adversely impact a student's participation in class and the opportunity to ask questions that would help them learn.
K-12 Schools
In Vermont's K-12 public schools, text-to-speech (or TTS) software is available to all students for the VTCAP science and math assessments. Other than that, TTS accommodations are only provided to autistic students with approved IEP/504 plans.
Post-Secondary Schools
To comply with Section 504 and the ADA, many post-secondary schools in Vermont have departments that specialize in student accessibility. For documented autism disorders, they may offer various options for TTS, including downloadable applications for smartphones, tablets, and computers.
Speech Pathology
Another possible solution to the communication issues typical of autism is speech pathology.
K-12 Schools
The Vermont State Board of Education stipulates that school districts should make speech pathologists available for special education students. By regularly seeing a speech pathologist employed by the school district, autistic students may express themselves more clearly to their peers and teachers.
Post-Secondary Schools
Although the Vermont State Board of Education does not require post-secondary schools to hire speech pathologists for their students, the school counseling or accessibility services offices may be able to recommend pathologists to autistic students.
Colored Overlays
Busy or complex visuals are overstimulating and hard to process for some people with autism. Usually known as Meares-Irlen Syndrome or Scotopic Sensitivity Syndrome (SSS), visual stress like this can lead to suboptimal reading ability.
Colored overlays are great solutions because they filter out the light waves that create striking hues or contrasts, muting and simplifying the appearance of letters and images.
K-12 Schools
Vermont's K-12 public schools may supply colored overlays to autistic students who demonstrate reading difficulties. In fact, green and blue overlays may be particularly helpful for students with autism, as they inspire a sense of peace and comfort.
Post-Secondary Schools
Most post-secondary school instructors and administrators understand that colored overlays are helpful for autistic students. Under Section 504, they will likely allow colored overlays for tests and classwork if there is documented evidence that it assists the autistic student in question.
Noise Buffers
As with visuals, sounds that are loud, layered, or complicated may feel overstimulating to some autistic students. Luckily, they don't necessarily need to listen to the teacher or converse with other people when taking tests or completing in-class work.
K-12 Schools
In these cases, Vermont's K-12 public schools may allow (and even supply) noise buffers for students with autism. Headphones are popular buffers, but mufflers and earplugs are appropriate as well.
Post-Secondary Schools
While post-secondary schools strive to comply with Section 504 and the ADA by allowing noise buffers for autistic students, there is concern that headphones can be used for cheating on tests. When noise buffers are necessary, instructors and administrators may encourage mufflers or earplugs instead.
Separate Setting
Sometimes, the visual or audial stimuli in a classroom are overwhelming to an autistic student despite accommodations like colored overlays and noise buffers. There might be other issues as well, such as difficulty managing the emotions that come with mental or social burnout.
K-12 Schools
Students with autism may perform best when separated from their peers. In Vermont, K-12 public schools must have quiet classrooms set aside for autistic students who need them to properly learn course material, complete homework, or take tests.
Post-Secondary Schools
Section 504 and the ADA require post-secondary schools to supply disabled students with separate rooms within reason. Autistic students should have documentation for their disorder to help them obtain separate rooms for classwork and tests when necessary.
Extended Test Time Limits
Tests are stressful, even for neurotypical students. For students with autism, they may be even more overwhelming, considering all the stimuli that could cause sensory overload or other distracting issues. Extended test time limits are an appropriate solution in some cases.
K-12 Schools
For autistic children still learning to handle their disorder, on top of gaining an education, tests may present significant challenges. They may need to pause every so often to deal with a sensory issue or communicate a problem. To accommodate this, teachers may allow them more time to complete their tests than other students.
Post-Secondary Schools
Many post-secondary school instructors and administrators in Vermont understand how autism can affect test takers. As long as you communicate with them beforehand, you may be allowed to extend your time limits.
Instructional and Auxiliary Aides
One way that Vermont tries to foster educational environments that comply with Section 504 is to provide classroom instructional or auxiliary aides. Also known as paraprofessionals or teacher assistants, these aides help autistic and other disabled students with their classroom tasks.
K-12 Schools
Depending on where your child is diagnosed on the autism spectrum, their level of assistance from instructional aides may differ.
For example, they might spend time in a special education classroom with several aides teaching and guiding all the students as a group. However, your child may also require substantial one-on-one time with an aide assigned specifically to them, or the aide may simply accompany them to regular classes.
Post-Secondary Schools
Dedicated special education classrooms are not typical in post-secondary schools. Nevertheless, an auxiliary aide could come with you to each class to help you take notes, communicate, and manage common symptoms like sensory overload. You would just have to demonstrate to the school that the aide makes a significant difference in your ability to learn.
Extended School Year Services
Autism doesn't affect people only during the school year. Sometimes, it's helpful to continue receiving assistance during summertime and other breaks. Vermont offers that to many of its students.
K-12 Schools
The Vermont State Board of Education authorized Extended School Year Services (or ESY) programs. If your child's IEP recommends it, the school district will provide them with activities, classes, and services that support them in reaching their goals.
Post-Secondary Schools
ESY programs apply only to K-12 public schools. However, many post-secondary schools have clubs, activities, and programs that operate during breaks. Check what your school offers to see whether there's anything that could enrich your experiences as an autistic student.
How to Obtain Accommodations
For K-12 Students
Every K-12 public school district in Vermont has its own referral system, so the process of getting an IEP/504 plan for a child may differ from place to place. However, some aspects are basically the same wherever you go. Here's what you can expect as a parent or guardian.
Document Problems
First, you need evidence that something is preventing your child from learning properly in class. In the case of autism, there may be a pattern of sensory issues, speech delays, lack of eye contact, repetitive movements or phrases, and other early signs.
If you and your child's teacher document the types of behavior, how frequently they occur, and what tends to trigger them, you may be able to present enough evidence to the school district to get an evaluation referral.
Evaluation
Once the school district has reason to suspect that your child has autism, they will organize an evaluation from a specialist. It will involve a study of your child's symptoms to determine the likelihood of autism and whether it affects their learning drastically enough to warrant accommodations.
If you have paperwork with an official diagnosis from a doctor, you can provide it as part of the evaluation process. The school district can use it to assess the severity of the disorder and what accommodations might be most appropriate.
Placement/IEP Creation
Using the information from the evaluation, the school district will create an IEP and place your child in special education classes as needed. Vermont schools will also provide transportation to other facilities for out-of-district programs if necessary.
Should you disagree with the results of the evaluation, placement, and IEP, you have the right to appeal through SBEM Rule 1253, part of Vermont's regulations for special education. Your child will remain in the placement that the school chose for them unless and until your appeal is successful.
For Post-Secondary Students
By the time an autistic individual reaches post-secondary school, the expectations are a little different. By then, administrators expect you to have experience in dealing with the disorder. The process of receiving accommodations from a Vermont school's accessibility services department goes something like this:
- Proof of Diagnosis: You must have a report from a seasoned and highly trained psychologist or psychiatrist saying that they have diagnosed you with autism. The person who diagnosed you and arranged the report cannot be related to you. The report should contain a comprehensive psychological evaluation, including an analysis of your capacity to function in an educational environment and the appropriate diagnostic code.
- Documentation Review: You likely have paperwork documenting your treatments, medications, and past accommodations, especially if you had an IEP. Provide this paperwork as evidence that the accommodations you'd requesting improve your ability to learn and participate appropriately as a student. Three years' worth of documentation is usually sufficient.
- Accommodation Request: Now that you've established your diagnosis and history, describe the specific accommodations that you need from the school. Point out how the accommodations make higher education as accessible for you as it is for neurotypical people. This would prove that they are necessary for meeting the standards of equity established by the ADA, Rehabilitation Act, and Development Disabilities Act.
How to Recognize Discrimination Against Students with Autism
Are you unsure whether a school is denying proper accommodations for you or a loved one with autism? Some situations understandably feel like gray areas. Although it's always best to seek legal advice in these matters, you may have a legitimate case if your situation has any of the following criteria.
The Accommodations Cause No Harm
Federal law leaves some room for interpretation when it says that accommodations must be “reasonable.” Still, if the accommodations in question don't hurt others or disrupt anyone else's education, they are most likely within the realm of reason. If a school denies them anyway, you may have a case.
Resources are Left Untried
The school may be more willing to provide certain accommodations than others. If the accommodations that you or your child have tried did not produce the desired effect, you should be able to use others, and the school should do everything it can to make them available to you. Leaving stones unturned could be construed as discrimination against autism on the part of a school.
Lack of Expert Assistance
Autism is a complex condition that is best addressed by trained professionals. As Act 173 of 2018 stipulates, children with autism in 12 schools should receive any extra support or instruction they may need from people with expertise in their disorder. That's the best way to help an autistic individual learn and develop the tools they need to succeed at school.
If the school has not done everything in its power to supply you or your child with assistance from a knowledgeable professional, it may have violated both federal and state law.
Steps to Take Against Discrimination
Despite Vermont's commitment to equity, there is no way to account for every situation or flaw within its education system or the people running it. Should you be denied accommodations for autism, and you feel it's due to prejudice or discrimination, these are the steps that would be most prudent to take.
Retain a Lawyer
First and foremost, retain a disability accommodations attorney. The attorney you choose should have experience in education law and disability rights. The team at the Lento Law Firm, for example, is knowledgeable about and committed to advocating for students with autism.
Document or Record Everything
Every conversation that you have with a teacher, counselor, or school administrator about accommodating you or your child should be documented. Solid evidence is crucial for taking legal action against the school.
Usually, the written word is the most reliable, so stick to written communication as much as possible. Keep track of letters, signed agreements, and email exchanges between you and the instructors, counselors, and administrators.
Consider recording verbal conversations on a phone or tape recorder as well. Since Vermont is not a two-party consent state, you wouldn't need permission from the other party.
Seek Corrections
Whether through a formal appeal process or a simple conversation with the appropriate parties at the school, try to fix the problem with the accommodations for you or your child before escalating to court. Ask the Lento Law Firm to review every angle of the situation to determine whether the school is violating state or federal law. They can also attend IEP meetings with you to assess the issues personally.
Get the Accommodations You or Your Child Deserve!
Accommodations for autism are essential for creating inclusive, equitable, and productive educational environments that produce reliable citizens. Nevertheless, obtaining those accommodations isn't always as straightforward as it should be. If you have questions or issues with receiving accommodations for you or your autistic child at a school in Vermont, call the Lento Law Firm's Education Law Team at 888.535.3686 or fill out a contact form to schedule a consultation.
