For students on the autism spectrum, securing appropriate accommodations in educational settings can be crucial for facilitating learning and development. Both federal and state laws in Wisconsin provide legal protections and guidelines to help ensure students with autism spectrum disorder (ASD) receive the support they need. However, that's not always the case for Wisconsin students in grades K-12 or even those in colleges and universities.
If your child is on the autism spectrum and you believe they aren't getting the attention and accommodations to help them succeed in school, you owe it to your child to fight on their behalf for the services they are entitled to. Contact the Lento Law Firm's Student. Defense Team at 888.555.3686 or through our online form and get the disability representation you and your child deserve.
Federal Programs for Students with Disabilities
The United States government has several programs in place to help students with disabilities, including those with autism, get the education they deserve and need to thrive in school. Two of the most important federal programs for disabled students include the Individuals with Disabilities Education Act and the Americans with Disabilities Act.
The Individuals with Disabilities Education Act (IDEA)
At the federal level, the Individuals with Disabilities Education Act (IDEA) is a cornerstone law that governs how states and public agencies provide special education, early intervention, and related services to children with disabilities, including those on the autism spectrum. IDEA mandates that eligible children with disabilities, including autism, receive a free appropriate public education (FAPE) tailored to their unique needs.
Under IDEA, students with ASD are entitled to an Individualized Education Program (IEP), which is a written document developed by a team of professionals and the student's parents or guardians. The IEP outlines the student's present levels of academic and functional performance, establishes measurable annual goals, specifies the services and accommodations the school will provide, and includes a plan for monitoring progress.
Some common accommodations for students with ASD in IEPs may include:
- Specialized instruction and curriculum modifications
- Positive behavioral interventions and supports
- Assistive technology devices or services
- Speech-language therapy
- Occupational therapy
- Social skills training
- Environmental adaptations (e.g., sensory-friendly spaces)
- Extended time for assignments and tests
- Alternative assessment methods
IDEA covers children from birth through high school graduation or age 21, whichever comes first. After that, different laws and processes apply for accommodations in postsecondary education settings.
The Americans with Disabilities Act (ADA)
Another key federal law that protects the rights of individuals with disabilities, including those on the autism spectrum, is the Americans with Disabilities Act (ADA). The ADA prohibits discrimination based on disability in various areas of public life, including employment, state and local government services, and places of public accommodation, such as schools and universities.
For students with ASD in college or other postsecondary education programs, the ADA requires institutions to provide reasonable accommodations to ensure equal access to educational opportunities. However, unlike the IDEA's IEP process, students must self-identify as having a disability and provide documentation to the institution's disability services office.
Common accommodations for college students with ASD may include:
- Extended time for tests and assignments
- Distraction-reduced testing environments
- Note-taking services or access to recorded lectures
- Alternative formats for course materials (e.g., electronic texts)
- Priority course registration or scheduling accommodations
- Counseling and mentoring services
- Residence hall accommodations (e.g., single rooms, sensory-friendly spaces)
Wisconsin State Laws and Regulations
In addition to federal laws, Wisconsin has its own state laws and regulations that address the rights and accommodations for students with disabilities, including those on the autism spectrum.
Wisconsin Statute Chapter 115, Subchapter V
This subchapter outlines the state's requirements for special education and related services, aligning with the federal IDEA guidelines. It establishes procedures for developing and implementing IEPs, conducting evaluations, and resolving disputes.
Wisconsin Administrative Code PI 11
These administrative rules provide detailed guidance on the implementation of special education laws in Wisconsin, covering topics such as evaluation processes, IEP development, discipline procedures, and more.
Wisconsin Statute Section 36.25
This section specifically addresses accommodations for students with disabilities in the University of Wisconsin System, including requirements for providing reasonable accommodations and establishing disability resource centers on campuses.
Wisconsin Technical College System Board (WTCSB) Policies
The WTCSB has policies and procedures in place to ensure equal access and reasonable accommodations for students with disabilities in Wisconsin's technical colleges.
Navigating the Accommodations Process in Wisconsin
For families of students with ASD in Wisconsin's K-12 schools, the IEP process is the primary avenue for securing accommodations and specialized services. This collaborative effort involves the student's parents or guardians, teachers, school administrators, and other relevant professionals.
The IEP team evaluates the student's needs, strengths, and challenges and develops a comprehensive plan that outlines the accommodations, modifications, and services the school will provide. Parents have the right to participate in the IEP development process and can request an independent educational evaluation if they disagree with the school's assessment.
If disputes arise regarding the implementation of an IEP or the provision of FAPE, Wisconsin has procedures in place for resolving disagreements, including mediation, due process hearings, and appeals.
For college students with ASD in Wisconsin, the process for securing accommodations typically involves contacting the institution's disability services office and providing documentation of the disability and its impact on academic performance. The disability services office will then work with the student to determine appropriate accommodations based on their specific needs and the requirements of their courses and programs.
It's important for students to be proactive and communicate their accommodation needs to their instructors and disability services staff at the beginning of each semester or as early as possible. Colleges and universities in Wisconsin are required to provide accommodations in a timely manner and cannot charge additional fees for them. If they are not providing these services to your child, you can fight for your child's rights.
Disciplinary Issues in School Misconduct Cases in Wisconsin
When it comes to disability issues in school misconduct cases involving students with autism spectrum disorder (ASD) or other disabilities in Wisconsin, several important considerations arise:
Manifestation Determination Review (MDR)
Under the Individuals with Disabilities Education Act (IDEA), schools must conduct a Manifestation Determination Review (MDR) when considering disciplinary action for a student with a disability. The MDR process is designed to determine if the student's behavior was a manifestation of their disability.
If the behavior is found to be a manifestation, the school cannot impose certain disciplinary measures, such as long-term suspension or expulsion. Instead, the focus should be on addressing the student's needs through appropriate supports, accommodations, and modifications to their IEP.
Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs)
In cases where a student's behavior is linked to their disability, schools may be required to conduct a Functional Behavior Assessment (FBA) and develop a Behavior Intervention Plan (BIP). The FBA aims to identify the underlying causes and triggers of the student's behavior, while the BIP outlines positive strategies and interventions to address and modify the behavior.
Failure to properly conduct FBAs and implement appropriate BIPs can be a violation of a student's rights under IDEA and may be grounds for challenging disciplinary actions.
Consideration of Disability-Related Behaviors
When addressing misconduct cases involving students with ASD or other disabilities, it is crucial to consider whether the behavior in question may be related to their disability. For example, students with ASD may exhibit behaviors that stem from sensory processing issues, communication difficulties, or difficulties with social interactions.
Disciplining a student for disability-related behaviors without addressing the underlying causes or providing appropriate accommodations and supports can be considered discriminatory and a violation of the student's rights.
Procedural Safeguards and Due Process
Both IDEA and Section 504 of the Rehabilitation Act provide procedural safeguards and due process rights for students with disabilities and their families. These safeguards include the right to notice, the opportunity for a fair hearing, and the right to appeal disciplinary decisions.
In Wisconsin, families of students with disabilities may have the option to pursue mediation, due process hearings, or file complaints with the Wisconsin Department of Public Instruction (DPI) if they believe their child's rights have been violated or if they disagree with disciplinary actions taken by the school.
Disparate Impact and Disproportionality
There is growing concern about the disproportionate disciplinary actions taken against students with disabilities, particularly those from minority backgrounds. Schools and districts in Wisconsin should closely monitor their discipline data to ensure that students with disabilities are not being subjected to discriminatory or disproportionate disciplinary practices.
Failure to address disparities in discipline rates may lead to investigations or legal action under IDEA, Section 504, or other civil rights laws.
Provision of Educational Services During Disciplinary Removals
Even when disciplinary actions are deemed appropriate, schools must ensure that students with disabilities continue to receive a free appropriate public education during any periods of removal or suspension. This may involve providing alternative educational services, modifications to the student's IEP, or other measures to ensure continued access to education.
Navigating disability issues in school misconduct cases involving students with ASD or other disabilities requires a thorough understanding of federal and state laws, as well as a commitment to addressing the unique needs and rights of these students. Collaboration between families, schools, and legal professionals is often necessary to ensure that disciplinary actions are fair, appropriate, and aligned with the student's educational needs and rights.
Challenges Wisconsin Families Face
Here are some common challenges that families of students with autism spectrum disorder may face when it comes to securing appropriate education and accommodations in Wisconsin K-12 schools and colleges:
Lack of understanding and training
One of the biggest challenges is a lack of understanding and proper training about autism among educators, staff, and administrators. Without adequate knowledge about the unique needs and characteristics of students on the spectrum, it can be difficult for schools and colleges to provide effective accommodations and support.
Resistance or reluctance to provide accommodations
Despite legal requirements, some educational institutions may be resistant or reluctant to provide the necessary accommodations for students with ASD. This could be due to a lack of resources, budgetary constraints, or misconceptions about what constitutes reasonable accommodations.
Inconsistent implementation of accommodations
Even when accommodations are outlined in an IEP or approved by a disability services office, families may face challenges with the consistent implementation of these accommodations across different classrooms, teachers, or campus settings.
Communication barriers
Effective communication between families, educators, and service providers is crucial for ensuring that the needs of students with ASD are understood and addressed appropriately. However, communication breakdowns or misunderstandings can hinder this process.
Transition challenges
Transitions between different educational settings, such as moving from elementary to middle school, middle to high school, or high school to college, can be particularly challenging for students with ASD. Ensuring the continuity of accommodations and support services during these transitions can be a significant hurdle for families.
Social and behavioral challenges
Students with ASD may face unique social and behavioral challenges in educational settings, which can impact their ability to learn and participate effectively. Providing appropriate social skills support, behavioral interventions, and a supportive environment can be difficult for some schools or colleges.
Accessing specialized services
Depending on the individual needs of the student, they may require specialized services such as speech-language therapy, occupational therapy, or applied behavior analysis (ABA) therapy. Securing access to these services within the educational setting can be a challenge, especially if resources are limited.
Lack of funding or resources
Providing appropriate accommodations and support services for students with ASD can be resource-intensive and financially demanding. Some schools or colleges may struggle to allocate sufficient funding or resources to meet the needs of these students adequately.
Navigating the legal system
For families who face resistance or unresolved disputes with educational institutions, navigating the legal system, including due process hearings, mediation, or legal representation, can be complex, time-consuming, and emotionally taxing.
Stigma and discrimination
Unfortunately, stigma and discrimination surrounding autism and disabilities can still exist, which can create additional barriers and challenges for families seeking appropriate educational opportunities for their students with ASD.
While progress has been made in recent years, families of students with autism often face an uphill battle to ensure their children receive the education and support they deserve. Ongoing advocacy, collaboration between families and educational institutions, and continued efforts to raise awareness and promote inclusivity are crucial to addressing these challenges.
Best Practices for Supporting Students with ASD in Wisconsin
In addition to complying with legal requirements, educational institutions in Wisconsin can implement various best practices to foster an inclusive and supportive environment for students on the autism spectrum.
Autism Awareness and Training
Providing professional development opportunities for educators, staff, and administrators to learn about autism spectrum disorder, its characteristics, and effective strategies for supporting these students can improve understanding and encourage a more accommodating environment.
Sensory-Friendly Spaces
Creating sensory-friendly spaces on campuses, such as quiet rooms, low-stimulation areas, or sensory breaks, can help students with ASD manage sensory overload and find calm environments when needed.
Peer Mentoring and Support Programs
Establishing peer mentoring or support groups can help students with ASD build social connections, navigate campus life, and receive guidance from peers who understand their experiences.
Transition Planning
Developing comprehensive transition plans to support students with ASD as they move from one educational setting to another (e.g., from high school to college) can facilitate a smoother adjustment and ensure continuity of accommodations and support services.
Collaboration with Autism Organizations
Partnering with local or statewide autism organizations, such as the Autism Society of Wisconsin, can provide educational institutions with valuable resources, training opportunities, and guidance on best practices for supporting students on the autism spectrum.
Ongoing Evaluation and Improvement
Regularly evaluating the effectiveness of accommodations and support services and seeking feedback from students with ASD and their families, can help identify areas for improvement and ensure that evolving needs are met.
What Can Parents Do to Help Their Child with ASD Get the Education They Deserve?
Ensuring that students on the autism spectrum in Wisconsin receive appropriate accommodations and support is not only a legal obligation but also a critical step toward fostering an inclusive and equitable educational environment. By understanding and adhering to federal and state laws, such as IDEA and the ADA, and implementing best practices tailored to the unique needs of students with ASD, educational institutions can remove barriers and empower these students to reach their full potential.
Parents, advocates, and educational professionals in Wisconsin should work collaboratively to navigate the accommodations process, resolve disputes when necessary, and continuously strive to create a supportive and autism-friendly learning environment. By prioritizing the needs of students with ASD and promoting understanding and inclusivity, Wisconsin can lead the way in providing exemplary educational opportunities for all students, regardless of their abilities or challenges.
But these approaches are not foolproof. Sometimes, you have to take a more aggressive approach to ensure your child is getting the services they deserve. The experienced Student Defense Team at the Lento Law Firm can ensure your child's rights are protected and they receive the services they need to succeed in school.
Schools, Colleges, and Universities in Wisconsin We Serve
The Lento Law Firm represents students across the country and throughout Wisconsin. Some of the students we represent in Wisconsin have attended schools and universities here, such as:
K-12 Schools:
- Milwaukee Public Schools (Milwaukee) - Largest school district in Wisconsin with over 75,000 students.
- Racine Unified School District (Racine) - Over 18,000 students.
- Kenosha Unified School District (Kenosha) - Around 20,000 students.
- Green Bay Area Public School District (Green Bay) - Over 20,000 students.
- Madison Metropolitan School District (Madison) - Around 27,000 students.
Universities and Colleges:
- University of Wisconsin-Madison (Madison) - With over 45,000 students, it's the largest university in the state.
- University of Wisconsin-Milwaukee (Milwaukee) - Around 25,000 students.
- Milwaukee Area Technical College (Milwaukee) - Enrolls over 35,000 students, making it one of the largest technical colleges.
- University of Wisconsin-Eau Claire (Eau Claire) - Over 10,000 students.
- Marquette University (Milwaukee) - Private Catholic university with around 12,000 students.
- University of Wisconsin-Oshkosh (Oshkosh) - Over 14,000 students.
- University of Wisconsin-La Crosse (La Crosse) - Around 10,500 students.
- University of Wisconsin-Stevens Point (Stevens Point) - Over 8,000 students.
- University of Wisconsin-Whitewater (Whitewater) - Enrolls around 12,000 students.
- University of Wisconsin-Green Bay (Green Bay) - Over 7,000 students.
How the Lento Law Firm's Student Discipline Defense Team Can Help You
The Lento Law Firm's Student Discipline Defense Team provides comprehensive legal support to parents seeking to secure proper accommodations for their children with autism. Their attorneys are well-versed in disability laws such as the IDEA and ADA. They can represent families in legal proceedings like due process hearings, mediation, or complaints filed with state and federal agencies. The team advocates fiercely to uphold students' rights and ensure school districts provide the required accommodations, services, and support outlined in individualized education programs or 504 plans.
When disciplinary issues arise involving students with autism, the firm's lawyers work diligently to protect their clients' interests. They ensure proper protocols like manifestation determination reviews are conducted to evaluate if misconduct was disability-related. If disciplinary actions are unwarranted, the attorneys challenge these measures and advocate for positive behavior interventions and supports. The team is also instrumental in transition planning for students moving between educational settings, ensuring continuity of accommodations.
Access to necessary services like speech, occupational, or applied behavior analysis (ABA) therapies is another area where the Student Defense Team can provide assistance. If schools are resistant to providing these, the attorneys pursue legal avenues to secure access. They collaborate with experts in autism, special education, and disability law to build strong cases. The firm's lawyers also file appeals and complaints with relevant state/federal bodies like the Wisconsin DPI or OCR when violations occur.
Moreover, the Lento Law Firm offers comprehensive legal knowledge, excellent negotiation skills, and in-depth knowledge of regulations. They are an invaluable ally for parents navigating the complex landscape of accommodations for students with autism. Contact the Lento Law Firm's Student Defense Team today at 888.555.3686 or through our online form and begin fighting for your child's right to education.
