ASD Accommodations in Missouri

Students in Kansas City, St. Louis, Springfield, Columbia, and elsewhere in Missouri can seek accommodations for Autism Spectrum Disorder (ASD). In 2020, Missouri identified 2.5% of eight-year-olds as ASD. This percentage rises as children mature and enter high school and college. If students with ASD receive accommodations in primary and secondary school, many can succeed in college. This process of accommodation will continue into college and beyond. The process of disability accommodation is governed by both federal and Missouri law.

The Lento Law Firm is a Nationwide Student Defense Firm

The Lento Law Firm is a nationwide firm of experienced education attorneys. The Lento Law Firm represents parents and students fighting for accommodations that meet the needs of elementary and middle school students with ASD. The Lento Law Firm Student Defense Team also helps secure accommodations for students with ASD as they enter college, even if their disability has led to academic issues. It is not too late to seek accommodations for disability—call the Lento Law Firm at 888.535.3686 or provide your details online, and we will contact you. Remember that accommodation for a disability is not a favor or a special consideration; it's the law.

Federal and Missouri Disability Laws

Special education laws are mostly federal, but Missouri laws and regulations also govern special education in the state. The most significant federal law governing special education is the Individuals with Disabilities Act (IDEA), which requires states to provide all students a Free Appropriate Public Education (FAPE) and prepare an Individualized Education Plan, or an IEP. The Education of students with disabilities is also governed by Section 504 of the Federal Rehabilitation Act.

At the college level, all colleges or universities must accommodate and not discriminate against a student with a disability under Section 504 or Title II of the Americans with Disabilities Act (ADA). These laws define a disability as “a condition that substantially limits one or more major life activities.” Since the passage of the ADA in 1991, it has been amended, and federal regulations, at 29 CFR §1630.2(j)(3)(iii), specifically list ASD as a disability. If your student has a diagnosis of ASD, the college they attend must accommodate their ASD disability and not discriminate against them.

Autism Defined Under Federal and State Laws

The definition of autism for purposes of school disability law is found federally at 34 CFR §300.8(c)(1), which provides that:

(I) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism include engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

A number of Missouri laws govern special education disability, including the Missouri State Plan for Special Education.

Standards for Eligibility for ASD Students for Special Education

The Missouri State Plan for Special Education (Part B) provides a standard for an autism diagnosis for special education purposes.

A student displays autism when they show a pattern of:

1. Deficits or disturbances of speech and communication.

A student with ASD may have limited language and communication skills. The student may lack communicative language altogether or may not seek communication. The student will have deficits in the ability to use language for social interaction.

2. Deficits or disturbances in social interactions and ability to relate to people, events, or objects.

The student has difficulty relating to people or events and often has great difficulty forming relationships. The student may relate to objects in unusual ways. The student may want a consistent schedule and exhibit rigid adherence to a routine.

A student with autism may also show the following behaviors:

1. Deficits in developmental rates and sequences.

The student may exhibit delays, arrests, or regressions in physical, social, or learning skills. The student may show advanced skills in one area while other areas are either normal or extremely delayed. The student will often not follow a normal developmental pattern of skill acquisition.

2. Unusual responses to sensory stimuli.

The student may be unusually sensitive to stimuli or indifferent to temperature extremes. The student may also respond uniquely and inappropriately to different stimuli.

Levels of Severity of Autism Spectrum Disorder

The types of accommodation required by a student will depend on the level or severity of the ASD.

Level 1 – The student requires support.

A student at Level 1 will have some difficulty initiating social interaction with peers and others and will require some support. They may need help to live independently.

Level 2 – Student requires substantial support.

At level 2, a student will have great difficulty interacting with people and require therapy and assistance with social skills. A student at this level will have many repetitive behaviors and will need substantial support services.

Level 3 – Student requires very substantial support.

Communication is exceedingly difficult for a student at level 3. They will need a consistent routine and substantial support each day. A student at Level 3 will require very substantial support services.

Eligibility for Special Education for Autistic Students

Many parents think of a diagnosis of autism spectrum disorder as something a physician or other health professional must make. That is true for a diagnosis of ASD. However, in determining whether a student is eligible for special education, that diagnosis is not controlling. The student must have ASD, and it must significantly impact that student's educational performance.

In Missouri, the issue of whether a student is entitled to special education is decided by the IEP team and evaluation.

Evaluation of Missouri Student for IEP

In Missouri, the evaluation of a student for special education purposes is done by an IEP Team as part of the IEP Process. Members of the IEP Team include:

• A parent or parents (or guardian) of the student.
• The general or regular classroom teacher.
• One or more special education teachers.
• A representative of the school district.
• A school psychologist or other person with expertise in testing results.
• Other people with special knowledge or expertise.
• The student, if appropriate.

At Team Meetings, the Team will determine if special education services are required and develop an IEP. The parent must receive notice of any type of proposed action, including a draft of the IEP. In Missouri, a parent must give permission in writing for special education services. The parent must receive a copy of the final IEP well in advance of the Team meeting date. If the parent disagrees, they may wish to enter the facilitation process. The parent can request an Independent Examination at least once free of cost.

Medicaid Waiver

Medicaid waiver programs in Missouri allow disabled children to receive care in the home or community. The Missouri Division of Developmental Disabilities administers four Medicaid Home and Community Based (HCB) Waiver programs for individuals with developmental disabilities. These include the Comprehensive Waiver, the Community Support Waiver, the MOCDD or Sarah Jian Lopez Waiver, and the Partnership for Hope. The program may have a waiting list, so any parent of a child seeking an ASD diagnosis should consider registering for the Medicaid Waiver program.

Autism Accommodations and Services

In an IEP or 504 Plan, students may be entitled to accommodations, specific instruction, or related services. The IEP will define what accommodations, modifications to classroom instruction, and related services are necessary. These things are defined as follows:

• Accommodations.

Accommodations are changes to the typical classroom that allow an ASD student to fully participate in the larger general class.

• Specially designed instruction.

Special instruction means that the teacher must change the method of instruction for ASD students on certain subject matters.

• Related services.

This “catch-all” term refers to all types of services that an ASD student might need. These might involve speech therapy, counseling, social skill training, other therapies, and transportation.

Autism Accommodations in Missouri

MPact suggests the following Modifications and Accommodations to Missouri parents:

1. Classroom Environment

• Individualize rules for students.
• Seating arrangements—in a quieter place with fewer distractions. This might involve sitting next to the teacher or in a study carrel.
• Have quiet times in the classroom.
• Reduce visual distractions in the classroom.
• Provide a computer and assistive technology for written work.

2. Grading

• Provide a partial grade based on individual progress or effort.
• Weigh daily work higher than tests if the student has test anxiety.
• Permit a student to rework missed problems and average grades for reworked assignments.
• Use a pass-fail or an alternative grading system.
• Avoid using red pens/markers.

3. Tests

• Give directions orally.
• Extended testing time.
• Allow tests in alternate locations with fewer distractions.
• Have test materials read to students and allow oral responses.
• Divide tests into small sections of similar questions or problems.
• Use recognition tests instead of essays.

4. Behavioral Modifications and Accommodations.

• Modify rules that discriminate against a student.
• Change consequences for rule violations.
• Minimize the use of punishment and negative consequences.
• Allow students to go to quiet spaces when necessary.
• Use a code word to inform the student of inappropriate behavior.
• Ignore behaviors that are not disrupting the classroom.

5. Time and Transition Modifications

• Alert students before a transition.
• Allow additional time to complete classwork or homework.

6. Other Accommodations

• Break up assignments into small, sequential steps.
• Have the student practice before class presentation.
• Sequence work, with the easiest part first.

Testing Accommodations in Missouri

Missouri allows the following testing accommodations during standardized testing:

1. Administration Accommodations

• Oral reading of the test.
• Assistive devices.
• Visual aids.

2. Response Accommodations

• A human scribe to record student's responses.
• Audio or videotaped answers.
• Use of a computer to write answers.
• Use of a calculator.

3. Setting Accommodations.

• Testing in another room.
• Testing one-on-one.
• Testing in small groups.

4. Timing and Scheduling Accommodations.

• Extended testing time.
• More frequent breaks.

If the School Denies Your Accommodation Request

If the school finds that your child is ineligible for an IEP, your first response should be to request an independent exam. This independent exam is done at least once in Missouri without cost to the parents. But first, you should consult experienced counsel at the Lento Law Firm. Depending on the results of the independent exam, you may wish to seek a hearing, informal dispute resolution, or both. You also may wish to secure a 504 Plan immediately.

If the IEP team has found that your student is eligible for an IEP but denies the type of accommodation you have requested, you have the right to appeal. Contact the Lento Law Firm as quickly as possible, as you will lose the right to appeal fairly quickly if you do not take action. There will be a natural tension between a parent seeking the most accommodations and services possible and the school. The process can be frustrating, but you can take steps to make success more likely.

Remember to document everything and to discuss and prepare ahead of time for meetings. Try to keep an even temperament even if you get angry. If your student gets all the accommodations, modifications, and services they need in primary or secondary school, their chances of success in college increase. Invest now in your child's future, and don't settle for fewer accommodations than your child needs. Don't hesitate to call and arrange a legal consultation with the Lento Law Firm.

College or University Accommodations

As your student moves from secondary school into college, the type of accommodation they need will also change. Many types of accommodations are appropriate at the college level, including:

1. Academic accommodations.
2. student may need more time to complete their degree or substitute a class. They may also need a different attendance policy or the right to attend class online.
3. Assistive technology.
4. type of accommodation involves using software, hardware, or other technology to allow the student to participate more fully in the classroom.
5. Housing or dining accommodations.
6. student with ASD might request a quiet building, room, or a single room. They may also need kitchen access or provisions made for a support animal or personal attendant.

College-level accommodations often center around accommodations for testing and note-taking assistance. Testing accommodations are appropriate for the college or university level, and most colleges are receptive to this type of accommodation. Most universities will seek volunteers to take and upload available notes for other students who require note-taking assistance. The type of accommodation granted is governed by what is necessary for the particular student.

Accommodations for ASD at the University of Missouri

The procedure for requesting accommodations varies from institution to institution in Missouri. At the University of Missouri, students are encouraged to contact the Disability Center, where they can request an accommodation or request an addition or modification for a previous request through the portal. All requests for testing accommodations are made through this portal.

The University of Missouri lists the following commonly available accommodations:

1. Coursework Accommodations.

The University allows one course to be substituted for another, provided this accommodation is necessary because of disability, and the degree integrity is not altered.

2. Service Animals.

The University is bound by existing laws regarding service animals but sets forth its policy on emotional support service animals. The University allows emotional support service animals in campus housing but not classrooms.

3. Housing and Parking Accommodations.

The University takes requests for housing accommodations, such as a single room, quiet room, or kitchen access. For Housing and Dining services accommodations, students must contact the housing office.

4. Note-taking Accommodations.

The University has a volunteer service for note-taking assistance and access to assistive technology.

5. Flexible Attendance.

The University allows flexible or intermittent attendance at classes as a reasonable accommodation. This may be done for episodic flare-ups or when students need time away from stimulation.

6. Reduced Courseload.

As an accommodation, a student may reduce the number of hours of coursework they carry and still remain a full-time student.

7. Other Necessary Accommodations.

Students may request all types of accommodations for disabilities through the online form or as part of the Accommodation Plan.

Tips for College Students with ASD

1. Contact student disabilities services when you decide on a college. Whether or not to self-identify as neurodivergent during the application process is up to you, but after acceptance, you should notify the college of your status. No college or university can legally discriminate based on your ASD status.
2. Keep documentation of your diagnosis (from your physician or other specialist) in both paper and electronic form. This will allow you to provide proof of your diagnosis to several different college offices or services.
3. Use your university or college's accommodation process. It is probably electronic now, so you can access it at home. Request the accommodations that you need.
4. If you are unsure what accommodations might help you, it might be time to speak with your physician or counselor. Disability services at your college should also be of assistance.
5. Make sure you are getting the care that you need at college. Establish a relationship with a physician or other health professionals near your college.
6. Request housing accommodations if you are required to (or you decide to) live on campus. You might wish to request a single room or a quiet room. You may also need to request accommodations for eating, parking, or other housing issues.
7. If class attendance becomes an issue, consider asking to attend online.
8. Request note-taking accommodations if you need them. You might get a note-taking app or the right to record lectures. Some campuses will match you with another classmate who will receive a stipend to share notes.
9. Don't hesitate to ask for testing accommodations. If you need a quiet room, or to read aloud extra time, or other assistive technology, make sure you ask for these things well in advance. You may need to make an electronic request for each test through the portal. Do what is necessary to get testing accommodations so that you have the greatest chance of success.

If you are concerned that you are not receiving the accommodations you are entitled to under the law, don't hesitate to discuss the situation with your parents or the Lento Law Firm.

Academic Discipline or Misconduct Allegations

Some neurodivergent students face academic discipline because they do not receive adequate accommodations. Sometimes, an ASD student will fail to ask for accommodations until it is clear that they cannot succeed without them. If you have done this, take a deep breath and get assistance working with your college or university.

Even students who face serious discipline or misconduct charges can work to get accommodations and succeed. Call the Lento Law Firm and begin the process of fighting for your right to accommodations as a student with a disability.

In other instances, a neurodivergent student may have another code of conduct violation related to disability. As you defend yourself to alleged misconduct, remember that your neurodivergent status may have played a role. Speak to an experienced education attorney at the Lento Law Firm before you make any assumptions about your defense and future.

Whatever type of allegation or charge you face, call the Lento Law Firm and get the assistance and accommodation you need. Maybe you need a fresh start with note-taking assistance, alternative testing, or other academic accommodations. Maybe you need a quiet space and housing or dining accommodations to stay on campus. Most ASD students can succeed if given the opportunity and flexibility the college must provide under federal law.

The Lento Law Firm Student Defense Team Can Help

Whether you are a parent or a student, if you are fighting for accommodations for ASD in Missouri, the Lento Law Firm can help. Whether you live in St. Louis, Kansas City, or elsewhere in Missouri, the Lento Law Firm can help secure accommodations for your school-age child or college student. If your student faces discipline or fails to progress academically, the Lento Law Firm Student Defense Team can help you assert your rights to disability accommodation for your ASD. Call 888.535.3686 or provide your details online, and we will contact you.