The Lento Law Firm's premier Student Defense Team is available in Urban Honolulu, East Honolulu, Hilo, Pearl City, Kailua CDP, Waipahu, Kaneohe, Mililani Town, Kahului, Ewa Gentry, and other Hawaii locations to help your autistic K-12 student obtain special education services and or help you obtain reasonable accommodation for your own autism at a Hawaii college or university. You have probably already seen the substantial difference that special education services and reasonable accommodations can make for your higher education success or your autistic student's K-12 success. You also likely know how the absence of needed services and accommodations can lead to academic failure and behavioral issues. Let us show you the difference that your federal and Hawaii state educational disability law rights can make in overcoming autism's substantial challenges. Let our skilled and experienced attorneys help you enforce educational disability rights for the relief of autism.
Hawaii Schools Where We Serve
Our attorneys can appear on your Hawaii K-12 autistic student's behalf in Honolulu District and its Farrington-Kaiser-Kalani and Kaimuki-McKinley-Roosevelt Complex Areas, Central District and its Aiea-Moanalua-Radford and Leilehua-Mililani-Waialua Complex Areas, Leeward District and its Campbell-Kapolei, Pearl City-Waipahu, and Nanakuli-Waianae Complex Areas, Windward District and its Castle-Kahuku and Kailua-Kalaheo Complex Areas, Hawaii District and its Hilo-Waiakea, Kau-Keaau-Pahoa, and Honokaa-Kealakehe-Kohala-Konawaena Complex Areas, Maui District and its Baldwin-Kekaulike-Kulanihakoi-Maui and Hana-Lahainaluna-Lanai-Molokai Complex Areas, Kauai District and its Kapaa-Kauai-Waimea Complex Area, or any other Hawaii K-12 school. We can also appear on your behalf at the University of Hawaii at Manoa, University of Hawaii at Hilo, Hawaii Pacific University, Brigham Young University-Hawaii, or any other Hawaii institution of higher education to advocate your own reasonable accommodation rights. Call 888.535.3686 or use our contact form now for our premier representation.
The Educational Challenge of Autism
Autism presents unique and formidable challenges to the student struggling to complete an education at any level. The classroom environment, traditional instruction, and the overall education program seem almost designed to trigger and fight autism's classic signs and symptoms. The medical field and educators use the same four criteria to diagnose autism, including early onset before preschool age with persistence through adulthood, communication and interaction deficits include, resistance to face-to-face encounters, stereotypic repetitive movements, and adverse reaction to changing stimuli. Early onset, though, means educational challenges from preschool on through higher education. The classroom requires constant face-to-face interaction and communication. Educational programs constantly change stimuli, classrooms, instructional subjects, instructional methods, instructors, and classmates. And the regular classroom sharply restricts student movements. Each of these four dimensions can cause peculiar problems for autistic students, whose severe mental disability teachers are generally unable to directly observe, leading to misunderstandings and blaming. We appreciate the formidable challenge autism presents to your learning or your Hawaii K-12 student's learning.
Hawaii Autism Assistance Programs
Hawaii education agencies and educators share the conviction to provide Hawaii autistic K-12 students with special education services. Hawaii's Department of Education maintains an Exceptional Support Branch that gathers, promotes, and distributes special education resources. The Exceptional Support Branch is responsible for providing training and technical assistance to teachers. The Hawaii Department of Education also maintains a Monitoring & Compliance Branch - IDEA Team that ensures the appropriate implementation of the federal Individuals with Disabilities Education Act (IDEA). As you'll see below, the IDEA law expressly provides for special education services to autistic K-12 students. The Hawaii Autism Society and Autism Foundation provide private, charitable support in coordination and partnership with school-based autism services. Hawaii has the resources and technical assistance to provide meaningful, special education services for autism. The only question is the willingness of your autistic student's Hawaii K-12 school to take appropriate advantage of those resources and services. Don't let your student's school off the hook. Don't let the school blame a lack of technical support or resources as an excuse for failing to help your autistic student. Let us help you prod the school to live up to the state's commitments.
Federal Laws on Hawaii Autism Services
The Hawaii Department of Education acknowledges that it maintains its Compliance & Monitoring Branch - IDEA Team specifically to ensure that the state's K-12 schools meet federal special education requirements. Only by meeting those federal regulatory requirements can Hawaii qualify for the substantial federal taxpayer funding for special education. Your autistic student's Hawaii K-12 school gets substantial federal monies to provide your student with special education services. Don't let your student's school officials cry about poverty. Let us help you enforce the following federal laws for your autistic student's benefit.
The IDEA Law and Autism in Hawaii K-12 Schools
The federal Individuals with Disabilities Education Act (IDEA) is your autistic student's free ticket to Hawaii K-12 special education services. If your student already receives special education services, then your student has already had the advantage of the IDEA law. If your student is receiving those special education services under an individualized education plan (IEP), then you already know about some of the IDEA law's key provisions. If your autistic student has not yet qualified for an IEP and special education services, then your student may not find it too difficult to do so. The IDEA law's Section 300.8(c)(1)(i) expressly includes autism among the several other disabilities that qualify for the IDEA law's protections. The IDEA law also defines autism the same way that the medical profession generally does, using the above four criteria of early onset, communication deficits, repetitive stereotypic motions, and reactions to change. Let us help you qualify your autistic student for IDEA law special education services if your student's school officials are refusing to do so.
ADA Title II and Autism in Hawaii Schools
The Americans with Disabilities Act (ADA) is another federal law that helps students with disabilities access education. The ADA applies not just at the K-12 level, like the IDEA law, but also reaches into higher education. Thus, the ADA is your tool for Hawaii college or university disability accommodations if you are the one with the autism challenge. The ADA does not mandate special education services. It is instead an anti-discrimination law that only prohibits disability discrimination, requiring schools to reasonably accommodate students with qualifying disabilities. Your autism should qualify you for ADA protection if your autism substantially limits your major life activity of brain function. The ADA, like the IDEA law, expressly includes autism as a qualifying disability. Our skilled and experienced attorneys can help you or your Hawaii K-12 student enforce these federal disability law rights.
Hawaii State Rules on K-12 Autism Services
Hawaii fulfills its IDEA law obligations through state agency administrative rules codified in Hawaii Administrative Rules 8-60-1 et seq. The structure of those Hawaii Department of Education administrative rules closely follows the structure of the federal IDEA law. That alignment is necessary to ensure that Hawaii K-12 schools qualify for federal taxpayer special education funding. Those Hawaii Department of Education administrative rules include the following key provisions of the federal IDEA law:
- Hawaii Administrative Rule 8-60-1 requires Hawaii K-12 schools to provide a free appropriate public education (FAPE) to autistic students and other students with qualifying disabilities;
- Hawaii Administrative Rule 8-60-10(a)-(c) requires a Child Find program to identify your autistic student and other disabled students needing special education services;
- Hawaii Administrative Rule 8-60-10(d) requires Hawaii K-12 schools to refer for evaluation your autistic student and other disabled students whom the Child Find program identifies as needing special education services;
- Hawaii Administrative Rule 8-60-44 requires Hawaii K-12 schools to write an individualized education plan (IEP) for your autistic student and other disabled students;
- Hawaii Administrative Rule 8-60-15 requires Hawaii K-12 schools to educate in the least restrictive environment your autistic student and other students with qualifying disabilities; and
- Hawaii Administrative Rule 8-60-55 requires Hawaii K-12 schools to provide procedural safeguards to you and other parents challenging the school's decision on special education services.
Hawaii K-12 School Child Find Duty
The IDEA law's Section 300.111 and Hawaii Administrative Rule 8-60-10(a)-(c) require your autistic student's Hawaii K-12 school to implement a Child Find program. A Child Find program trains the school's teachers to recognize students with disabilities needing special education services. The significance of the child find requirement is that it places the legal duty on the school to identify your student's autism. You need not step forward to notify school officials of your student's autism diagnosis, although, of course you may and likely should do so. But your student's school cannot blame you for not notifying the school. The school's teachers are instead in the classroom to observe your student's need for special education services. The teachers also have the professional skills and training to recognize academic issues. That's why the IDEA law places the obligation on the school, not on you. Don't let the school blame you for not telling them that your autistic student needs special education services.
Hawaii K-12 School Duty to Evaluate Autism
The IDEA law's Section 300.304 and Hawaii Administrative Rule 8-60-10(d) require your autistic student's Hawaii K-12 school to refer your student for evaluation. The school's teachers and administrators should not be guessing on their own whether your student has autism, the degree to which that autism interferes with your student's learning, or the special education services your student needs. Those issues are for a qualified professional. The school must pay for the referral and evaluation, which must include your student's autism diagnosis and the recommendation for special education services. Let us help you enforce these referral rights.
Parental Consent to Hawaii Autism Evaluation
The IDEA law's Section 300.300 and Hawaii Administrative Rule 8-60-31(a) require your student's Hawaii K-12 school to get your parental consent for your student's autism evaluation. The school should not be referring your student for autism evaluation without your permission. You might object to the evaluator the school chooses or simply not want your student diagnosed, because your student is persevering effectively without special education services, you don't want your student labeled and embarrassed, or for any other reason. You might also object to the time, place, or circumstances of the evaluation. Withholding your consent may encourage the school to consult with you about the time, place, or terms of the evaluation or the identity of the evaluator.
Hawaii K-12 Autism Second Opinions
The IDEA law's Section 1414 and Hawaii Administrative Rule 8-60-57 require your autistic student's Hawaii K-12 school to honor your request for your student's reevaluation. The initial evaluation may have been wrong in its diagnosis, failed to recommend the appropriate special education services, or exhibited bias favoring the school to your student's disadvantage. Even if the initial evaluation was reliable, your student's autistic condition or instructional challenges may have changed, requiring a new evaluation. Whatever your reason may be, the IDEA law entitles you to a second opinion on your student's autism and service needs, by your chosen evaluator at school expense.
Parental Consent to Hawaii Autism Services
The IDEA law's Section 300.300 and Hawaii Administrative Rule 8-60-31(b) require parental consent for special education services. You get to control not only whether the school evaluates your student for autism but also whether the school provides specific special education services that the school has chosen. You may not feel that your student needs the school's preferred services. You may feel instead that your student needs different services. You may even believe that the school's services would embarrass, discourage, demotivate, and otherwise harm your student. If so, then you may withhold your consent. Withholding your consent to services may help the school reconsider and provide the services that you believe are more beneficial.
Scope of Hawaii Autistic Student Services
The IDEA law's Section 1401(9) and Hawaii Administrative Rule 8-60-1 provide for the scope of special education services by requiring your autistic student's Hawaii K-12 school to provide a free appropriate public education (FAPE). The FAPE construct means that the school must generally educate your autistic student to the same grade levels, standards, and benchmarks that the school maintains for non-disabled students. In that manner, the FAPE construct levels the playing field, requiring the school to provide the services necessary to bring your student up to standard benchmarks. Our skilled and experienced attorneys can use the FAPE construct to advocate and negotiate for the special education services your autistic Hawaii K-12 student needs.
Autistic students in Hawaii colleges and universities must instead rely on Title II of the ADA to determine what reasonable accommodations the school must provide. The ADA requires the school to consider the availability, expense, effectiveness, and disruptiveness of accommodations. Our skilled and experienced attorneys can use the ADA's reasonable accommodation requirement to advocate and negotiate for accommodations you need to overcome your own autism disability in your Hawaii college or university program.
Available Hawaii Autistic Student Services
As you likely well know from your own experience with the disorder or from observing your Hawaii K-12 autistic student's experience, autism responds differently in different students, under different remedial approaches. One of the challenges with autism is finding the right remedial approach or combination of approaches. Autism is not a one-size-fits-all disorder. Common remedial approaches include pharmacological, environmental, psychological, instructional, social, and behavioral measures. Applied behavior analysis (ABA) is a common educational measure based on empirical study, using protocols for positive reinforcement. Psychological approaches focus on counseling and self-learning. Social approaches focus on peer modeling and support and adult mentoring. Environmental approaches attempt to alter the classroom lighting, sound, or movements, or alter the student's experience of those stimuli through eyewear, hearing protection, and seating changes. Instructional approaches may change materials, assessments, and methods, and offer flexible schedules or rules exceptions. Pharmacological approaches focus on medications. Let us help you advocate for the right mix of approaches for your student's greatest benefit.
Your Autistic Student's Hawaii K-12 IEP
The IDEA law's Section 300.321 and Hawaii Administrative Rule 8-60-44 require your student's Hawaii K-12 school to adopt an individualized education plan (IEP) for your student. IEPs are the heart of the IDEA law's procedures. The IDEA law requires the school to appoint an IEP team, include you and your student's regular teacher and special education teacher on the IEP team, and grant you advance notice of IEP team meetings for you to participate. The IEP is your legally enforceable document for your autistic student's special education services. Be sure to participate in the IEP process. Ask the school to reschedule IEP team meetings that you are unable to attend.
Hawaii K-12 IEP Goals and Measures
The IDEA law's Section 300.320 and Hawaii Administrative Rule 8-60-44 provide for the contents of your autistic student's IEP. Because the IEP is such an important document, legally enforceable through procedural safeguards, you should ensure that your student's IEP includes the mandated information. The IEP must include your student's autism diagnosis, the services the evaluator recommended, and the services the IEP team determined to provide. Significantly, your student's IEP must also include academic and behavioral goals for your student to achieve, along with objective measures for those goals. Advocate that your student's IEP set grade level and graduation goals, if your student is capable of meeting those goals with special education services. In other words, set the bar high. Then monitor the measures to ensure that your autistic student is making satisfactory academic progress. Use the goals and measures to hold the school accountable for providing and adjusting special education services.
Warehousing Hawaii K-12 Autistic Students
Before Congress passed the IDEA law, K-12 schools often engaged in the practice that came to be known as warehousing. Warehousing involved isolating autistic students and other disabled students in special rooms outside the regular classroom so that regular instruction could continue uninterrupted, and the school relieved itself of providing special education. However, warehousing generally harmed the autistic students who lost the regular classroom's structured instruction, social support, and other rewards. Warehousing also embarrassed, discouraged, and demotivated autistic students from learning. The isolation rooms were often undesirable in location, ill-furnished, and otherwise poorly equipped for meaningful instruction, if the school even made any such effort. While schools generally no longer get away with warehousing autistic students, you should still carefully monitor your autistic student's special education services to ensure that the school is not inappropriately pulling your student out of the regular classroom at every little issue. Periodic removal may be necessary and appropriate. Frequent or continuous removal may not be, depending on your student's needs and how your student responds to critical special education services.
Mainstreaming Hawaii K-12 Autistic Students
Congress provided a solution in the IDEA law for the warehousing problem, a solution that largely did away with the practice in favor of mainstreaming autistic students and students with other disabilities back into the regular classroom. The IDEA law's Section 300.114 and Hawaii Administrative Rule 8-60-15 require your autistic student's Hawaii K-12 school to instruct your student in the least restrictive environment (LRE). The LRE construct is your autistic student's ticket back into the classroom if special education services can maintain your student there without substantial disruption of the instruction of other students. We can help you enforce the LRE construct if you find that your student's Hawaii K-12 school is inappropriately removing your student in favor of isolation.
Procedures for Hawaii Autistic Student Services
The IDEA law's Section 300.504 and Hawaii Administrative Rule 8-60-55 offer procedural safeguards for parents and their legal representative to invoke when they have a dispute over special education services. Unlike many unqualified local criminal defense attorneys and other lawyers, our attorneys have the academic administrative skills and experience to effectively invoke these procedural safeguards for your Hawaii K-12 student's best outcome.
Premier Hawaii Autism Rights Enforcement
The Lento Law Firm's premier Student Defense Team is available across Hawaii to help you or your autistic K-12 student gain critical disability accommodations and services. Let us help even if you have already exhausted all procedural safeguards. We may be able to obtain alternative special relief through the school's general counsel's office. Call 888.535.3686 or use our contact form now to tell us about your autism spectrum disorder school issues.
