Autism Spectrum Accommodations

Autism spectrum disorder is a unique condition with distinct effects on learning that educators often miss and fail to reasonably accommodate. If you are an adult student with an autism spectrum disorder in higher education, or you have a minor student with an autism spectrum disorder at the K-12 level, know that federal and state laws likely require the school to reasonably accommodate the associated learning disabilities. If you find the school failing or refusing to provide those accommodations, promptly retain the Lento Law Firm's premier Student Defense Team. Call 888.535.3686 or use our contact form now to get the skilled and experienced representation you need to advocate for autism spectrum disorder accommodations.

What Is Autism Spectrum Disorder?

The Centers for Disease Control defines autism spectrum disorder as a developmental disability affecting communication and interaction. Autism arises out of differences in the student's brain, whether having congenital, environmental, or a mix of causes. The medical and educational fields refer to autism as a spectrum disorder because of the wide range of the disorder's degrees. Profoundly, autistic individuals may never speak or interact. Moderately autistic individuals may exhibit obvious abnormalities but speak and interact reasonably well, especially with others sensitive to their needs and conditions. Mildly autistic individuals may exhibit very few outward signs and generally get on in life without unacquainted others recognizing their condition.

Autism Spectrum Early Signs and Symptoms

Parents typically see signs of autism spectrum disorder as their infant child matures. The infant with autism spectrum disorder may not respond to names, show surprise or facial expressions, or participate interactively as early as the first year. The autistic infant may not share interests with others in the second year of development, play with others in the third year, pretend in the fourth year, or sing and dance in the fifth year. By school age, parents and their pediatricians are often well aware of the autism diagnosis and ready to engage the school for services and accommodations. Autism can, though, affect more than communication and interaction. Autistic individuals may also suffer from epilepsy or seizure disorder, disrupted sleep habits, gastric issues, depressed mood, severe anxiety, strong fear reactions, or other emotional disturbances.

Autism Spectrum School Signs and Symptoms

Students with autism spectrum disorder may exhibit restricted or repetitive behaviors. Autistic students may order their school materials, writing implements, and other objects precisely and get upset when others interfere. They may repeat words or phrases not for understanding but compulsively, appearing to be inattentive or disruptive. Autistic students may also repeat play scenarios or study routines ad nauseam, unaware of the need to cease or be unable to desist. They may also exhibit hyperactive, inattentive, distracting, and impulsive behaviors such as flapping their hands, rocking their body, or turning in circles, even after repeated requests by teachers or fellow students to stop. Most concerning for teachers and schools, autistic students may also show delays in developing and deploying language skills, as well as skills in movement, cognition, and learning.

Autism Spectrum Disorder Impacts on Learning

Without appropriate evaluation, diagnosis, accommodations, and services, the autistic student can suffer severe impacts on learning, while also disrupting the classroom more than necessary. Without appropriate mitigation, classroom sounds, movements, lighting, and instructional stimuli, in general, may have markedly different effects on the autistic student in ways that directly or indirectly prevent the autistic student from learning. Examples of classroom environmental stimuli affecting the autistic student may include:

• an instructor's normal classroom instructional voice, or the sound of a classroom audio or video display, may sound to the autistic student like shouting or screeching, overwhelming the student to the point of anxiety, flight, or other outburst;
• a fellow student's touch, or the sensation of a desk, seat, book, writing implement, or other classroom furnishing or instructional material may feel to the autistic student like a strike, burn, or other sharp irritant, causing the student to move away and refuse to engage;
• the instructor facing the autistic student and calling on the student directly, or a group of students facing and engaging the autistic student directly may feel like an agonizing embarrassment or invasion of privacy, causing the student to shut down and avoid; and
• normal classroom lighting, or a screen projection display in a dark or light classroom, maybe so brilliantly bright as to distort the autistic student's vision and assault the student's senses, causing the student to turn away or seek shelter.

Types of Autism Spectrum School Interventions

Students with autism often show different capabilities or preferences for how they present themselves, pay attention, communicate, and learn, affected by their distinct sensory processing. Schools at all levels have interventions that can aid and accommodate autistic students. The interventions can be behavioral, developmental, educational, social, relational, pharmacological, psychological, or complementary. Consider these examples as you think how you or your minor student would most benefit from accommodations and support for autism spectrum disorder.

Behavioral School Approaches to Autism Accommodations

Behavioral approaches involve arranging the instructional setting and instruction to gradually shape and reward the autistic student's appropriate responses. Depending on the individual student, behavioral approaches may work in the classroom when administered by the teacher or an aide, or may require discrete trial training outside the classroom. Behavior interventions are a popular tool at the K-12 level.

Developmental School Approaches to Autism Accommodations

Developmental approaches focus on building the student's skill in certain areas educators identify as needing remediation. If, for instance, the student lacks language skills, the school may arrange for speech and language therapy. If the student responds poorly to sensory stimuli, the school may provide sensory integration therapy. If the student lacks social or occupational skills, the school may arrange for appropriate exposure, support, counseling, and training. Developmental approaches may work best in K-12 schooling.

Educational School Approaches to Autism Accommodations

Educational approaches focus on the design and consistency of the learning environment. Autistic students may need greater visual support for learning, especially when having challenges accepting and processing auditory stimuli. Daily diagrams and drawings in special handouts and physical demonstrations may supplement verbal guidance. The instructor may assign the autistic student to the same sensory-modified, boundaried classroom space and provide the same instructional structure, even when other students need varied structure. Educational approaches may help in K-12 schooling but also work at the higher education level.

Social-Relational School Approaches to Autism Accommodations

Social-relational approaches attempt to improve social skills while creating relational bonds for autistic students with instructors and students. The school may arrange advisors or student mentors to form key relationships and provide social clues and safe practice opportunities. The school may guide the autistic student into special study groups, activity clubs, or other settings within the student's interest, where the student may build a network of supportive relationships, increasing practice, understanding, and motivation. Social-relational approaches may work best at the higher education level, where the autistic student has already had developmental support.

Psychological School Approaches to Autism Accommodations

Psychological approaches attempt to help autistic students connect thoughts and feelings with behaviors to minimize anxiety, stress, and other mental health issues while maximizing productive study behaviors. Psychological approaches generally involve a therapist working with the autistic student to recognize situations and responses and adopt mitigating behaviors. Psychological approaches may combine with pharmacological treatment of anxiety or other mental health symptoms. Psychological approaches may be most productive at higher education levels.

Complementary School Approaches to Autism Accommodations

Complementary and alternative approaches attempt to help autistic students adapt and adjust to the school environment with special support like animal therapy, art therapy, meditation or mindfulness practice, special diets, or specific relaxation techniques. By definition, complementary and alternative approaches have less traditional medical support but may be helpful for students at higher levels of education to respond to mild symptoms of autism spectrum disorder.

Federal Autism Spectrum Accommodation Laws

You can see that schools have a large toolbox with which to address autism spectrum accommodations if only school officials are willing to do so. That's the role of your legal rights: to ensure that school officials do as they should to accommodate students with an autism spectrum disorder. The skilled and experienced attorneys on our Student Defense Team are ready to help you enforce those rights.

Your rights, or the rights of your minor student, to have the school provide accommodations and services like those mentioned above relating to an autism spectrum disorder arise primarily under federal law. Consider the following federal laws that our premier attorneys are ready to enforce on your behalf or on behalf of your minor student with autism spectrum disorder.

IDEA Rights to Autism Spectrum Accommodations

The Individuals with Disabilities Education Act (IDEA) is the federal law that requires K-12 schools receiving federal funding to provide accommodations and services for students having special needs, including students with autism spectrum disorder. The IDEA law's fundamental obligation is that schools provide a free appropriate public education (FAPE) to students with disabilities. Schools must not, in other words, provide a substandard education to disabled students simply because their disabilities require special services and accommodations. The IDEA law requires that the school identify disabled students who need special services. If your student shows signs of autism interfering with your student's ability to learn, the school's officials should promptly seek your consent to have qualified medical professionals evaluate and diagnose your student and recommend special services. You may, of course, tell the school of your student's autism, and provide diagnoses already made, to receive special services. However, the obligation remains on the school to identify, evaluate, and serve your autistic student.

The IDEA law has another critical requirement that can be of particular help to students with autism disorder. As shown above, autistic students can prove to be a classroom distraction, especially when not provided with appropriate accommodation. Schools may prefer to segregate autistic students in a special room away from their student peers. Warehousing autistic and other disabled students outside the regular classroom can embarrass, isolate, and demotivate those students while they lose important instruction and socialization. The IDEA law, though, requires that schools educate autistic and other disabled students in the least restrictive environment (LRE), meaning that the school may have to provide a regular classroom aide, special learning space within the regular classroom, and behavioral and instructional interventions, to keep your autistic student mainlined with other non-disabled students.

ADA Rights to Autism Spectrum Accommodations

Title II of the Americans with Disabilities Act (ADA) is a second federal law that requires public schools, although not just at the K-12 level but also the college and university level, to reasonably accommodate students with disabilities, including students with autism spectrum disorder. The ADA differs from the IDEA law in that it generally places the obligation on the student or the minor student's parents to notify the school of the student's autism or other disability. The ADA also limits qualifying disabilities. Only those students who have “a physical or mental impairment that substantially limits one or more major life activities” qualify for ADA protections. You or your minor autistic student, though, should not have difficulty qualifying for ADA protection because autism substantially impairs concentration, attention, cognition, or another physical or mental capability. Federal ADA Title II regulations explicitly state that “autism substantially limits brain function.”

Other Federal Rights to Autism Spectrum Accommodations

Section 504 of the Rehabilitation Act of 1973 is another federal law that prohibits discrimination against students with disabilities, including autistic students. Section 504 applies to schools receiving federal funding. The interrelationship of Section 504 with the IDEA law and Title II of the ADA is complex. Suffice it here to say that Section 504 may provide broader rights for you or your autistic student than other federal laws. Let our attorneys help you discern which federal law may provide you or your autistic student with the greatest relief.

State Autism Spectrum Accommodations Laws

States generally provide equivalent protections for autism spectrum disorder disabilities at the K-12 public school level. States do so in order to receive the substantial federal funding available for special needs instruction at the K-12 levels under the federal IDEA law. Your student's K-12 school district likely receives substantial federal funds earmarked for special needs evaluations, aides, equipment, and other disability resources and services. If so, then the school must be complying with state law, rules, and regulations that meet the federal IDEA law's requirements for funding. Those state laws and regulations will, in effect, parrot, mimic, or repeat the above federal IDEA law requirements for free, appropriate education in the least restrictive environment for your autistic student. Our attorneys can help you identify both the state and federal laws, rules, and regulations of your student's relief.

At the higher education level, the state in which your public college or university offers you instruction may have recognized, by its own laws, rules, and regulations, the obligations of its state colleges and universities under Title II of the ADA to reasonably accommodate autistic students. You may not have to seek federal agency relief but are instead likely to have school and even state administrative procedures available to you to enforce your ADA rights and equivalent state law rights. Let us help you choose the right law and forum for your relief.

Enforcing Autism Spectrum Accommodations

The procedures for enforcing autism spectrum accommodations differ markedly between the K-12 level and the college or university level. Consider the following outline.

Enforcing Autism Spectrum Accommodations at the K-12 Level

At the K-12 level, the primary procedures for enforcing the above autism spectrum accommodations rights under the federal IDEA law involve the school qualifying your autistic student for an individualized education plan (IEP). The school must notify you requesting your consent to evaluate your student for an IEP. If you consent, then the school should involve you in the IEP team meetings that develop, adopt, and periodically assess your autistic student's plan for disability services and accommodations. If the school refuses to qualify your student, you have the IDEA law's right to a second evaluation. If the school qualifies your student but refuses to involve you in IEP team meetings approving the plan, then the school must provide you with a due process safeguard, one that we can help you invoke. The due process procedure ensures that we have the opportunity to present your student's autism evidence and evidence of the need for the disputed services and accommodations to an independent decision maker, likely at the school district level or at a higher state administrative level. The IDEA law and related state procedures may also guarantee your right to appeal an adverse decision and even provide limited court review. Let us help you invoke these safeguards to get your autistic student needed services and accommodations.

Enforcing Autism Spectrum Accommodations in Higher Education

In higher education, the primary procedures for enforcing the above autism spectrum accommodation rights under Title II of the ADA generally require that you notify your college or university's disability accommodations officials of your autism and how you need your autism accommodated. Your school should have a disability committee or other panel of knowledgeable disability advisors before whom we can help you show your autism diagnosis and the reasonable accommodations it requires. If your school refuses to recognize your autism and your resulting impairments or your need for accommodation or services, then the school may provide an appeal procedure that our attorneys can invoke. We can also help you with the federal agency review and court review that may be available to you to enforce your ADA Title II rights.

Attorney's Role in Enforcing Autism Accommodations

The above discussion generally indicates where our highly skilled and experienced Student Defense Team attorneys may help you intervene to advocate sensitively and effectively for the accommodation of your autism at the higher education level or the autism your minor student exhibits in a K-12 setting. Here are some of the specific steps that our attorneys can take to ensure that you or your autistic student receive the needed accommodations and services:

• acquire and evaluate the school's education and disability records to help you understand the information the school has or does not have about the autism diagnosis and need for services and accommodations;
• identify, acquire, and present additional evidence of the autism diagnosis and need for educational services and accommodations by referral to appropriate medical, disability accommodations, and other consulting experts;
• appear on your behalf or your minor student's behalf, notifying school officials that you have retained our premier Student Defense Team and that they should communicate with us as we advocate for disability rights, services, and accommodations;
• invoke the school's information resolution procedures and attend conciliation conferences to advocate and negotiate for an early voluntary resolution in which the school provides what you or your autistic student need;
• if the matter is not resolved amicably, request and attend the formal hearing, presenting the autism and accommodations evidence as permitted while advocating the applicable law, rules, and regulations;
• if you have already lost the hearing, then appeal any adverse ruling to a higher official or panel, seeking to overturn the initial decision as erroneous and contrary to law and
• if you have already lost all hearings and appeals, then seek alternative special relief from the school's general counsel's office or other oversight officials, or seek court review as appropriate.

Premier Autism Accommodations Representation

Autism can be a subtle yet incredibly challenging mental health condition and disability for a student at any level of schooling to manage, especially when the school unlawfully fails or refuses to provide reasonable accommodations and services. The Lento Law Firm's premier Student Defense Team has helped hundreds of students nationwide obtain autism and other disability accommodations and services and resolve other disputes with schools at all levels. Call 888.535.3686 or use our contact form now to tell us about your case and to obtain our highly skilled and experienced representation.