In Maryland, all students with disabilities are entitled to an appropriate and free educational experience. Some students may include special accommodations or modifications to their academic programs in order to achieve this education. Education laws cover students from the age of 3 through to those in graduate school. If you or your child is on the autism spectrum, you're likely familiar with the world of special education services. You may also understand the challenges involved in securing the necessary services, as well as the importance of these accommodations.
Should you or your child's school fail to provide suitable disability accommodations, it's important to take action. At the Lento Law Firm, we recognize the challenges and frustrations of navigating an education system that may not fully address your needs or lacks the resources to do so. Our Education Law Team is here to offer legal advice and support to ensure that educational institutions fulfill their obligations. We're committed to assisting you or your child in receiving the necessary accommodations to thrive academically. Contact us at 888-535-3686 or via our contact form to book a consultation.
Maryland Law for Students with ASD
In Maryland, the State Department of Education's Division of Early Intervention and Special Education Servicesmanages and administers the state's special education laws. In addition, the Division also helps families, schools, and schools with the following:
- Providing technical resources via the online platform Maryland Elevates
- Giving guidance to IEP teams
- Assisting with secondary transition planning
- Helping create Individualized Family Service Plans (IFSPs)
- Ensuring parents understand their rights in the special education process
- Guiding school districts on how to handle discipline for special education students
School districts must report to the Division of Early Intervention and Special Education Services. They have to submit planning and evaluation documents and sometimes participate in investigations or inquiries if the Division gets complaints from parents.
Maryland's education laws define several disabilities that qualify children for special education services, including autism. According to the law, autism:
- Does not include emotional disabilities
- Significantly affects verbal and nonverbal communication and social interaction
- Is generally evident before three years of age
- Adversely affects a student's educational performance
The law also states some characteristics of autism, though these traits aren't necessarily required to be present for ASD children to qualify for special education:
- The child engages in repetitive activities and stereotyped movements
- The child resists environmental change or change in daily routines
- The child has unusual responses to sensory experiences
Functional Behavior Assessment (FBA)
A federal law called the Individuals with Disabilities Education Act (IDEA) requires school districts to provide Individualized Education Programs (IEPs) to qualifying students with disabilities. In Maryland, ASD students can qualify for an IEP, but they must be evaluated first. The IEP team also has to work with parents to create the IEP and ensure it meets the child's educational needs.
If your child is having difficulties at school concerning behavior or discipline, they might also have a functional behavior assessment (FBA). School administrators and teachers use this process to gather information about the child's behavior and guide the development of an effective and efficient behavior intervention plan for the problematic behavior. An FBA must include:
- The functions of the problem behavior for the student
- A description of the problem behavior exhibited in the educational setting
- Environmental and other factors that contribute to or predict the occurrence of the behavior over time
If you have questions about your child's IEP or FBA, or think your child isn't being treated fairly due to their autism, the Lento Law Firm can help. We can guide you on how to address your child's IEP team, including which questions to ask or information to request. You have the right as a parent to be involved in your child's special education programming. You should exercise that right to ensure your child is getting the education they need.
Early Childhood Intervention Programs
Maryland must apply the federal laws IDEA and the Americans with Disabilities Act (ADA) concerning public education in the state. In some areas, however, Maryland has gone further than what federal law requires. One particular area that receives a great deal of attention and resources in Maryland is early childhood education. For the purposes of special education, “early childhood” is considered from birth to age three. The Maryland Infants and Toddlers Program (MITP) handles early intervention services for young children with developmental delays and disabilities and their families.
Some of the additional early childhood special education services offered to children and families through MITP are:
- The option to extend an Individual Family Service Plan (IFSP) beyond age three if the child is eligible for preschool special education
- The BUILDING BRIDGES public service awareness program to help families learn about early education and preschool special education services that are available from birth to kindergarten
- Local Infants and Toddlers Programs (LITPs) that are in charge of implementing the state's early childhood services at the local level, including services such as audiology, physical therapy, occupational therapy, transportation, speech-language pathology, family training, special instruction, assistive technology, health services, and home visits.
Although Maryland has a somewhat robust program for young children, local school districts are still obligated to provide special education services for K-12 students. Public colleges and universities must also provide reasonable accommodations to students with ASD or other disabilities.
No matter the age, from birth up until graduate school, students in Maryland with ASD have a right to accommodations in their educational programs. At the Lento Law Firm, we can assist ASD students of every age. Whether you're a college student struggling to get accommodations or the parent of a young child who doesn't have the IEP they need, our Education Law Team is ready to help.
Examples of Accommodations for ASD Students
Autism and ASD have a significant impact on communication and social interaction, both of which are heavily emphasized in traditional classroom settings. However, with appropriate accommodations, students with ASD can excel in both K-12 and higher education. Parents should be aware of the accommodations their child can expect once they are evaluated and approved for special education. Similarly, college students should be informed about the accommodations they are entitled to and should request when approaching their campus disability office.
K-12 Accommodations
Typical accommodations for K-12 students include:
- Sensory pauses: Students with ASD may become overwhelmed by sensory experiences, such as sights, sounds, etc. Taking breaks throughout the day can help students regain focus and feel less stressed.
- Visual aids: Utilizing a visual schedule with images to represent daily tasks can assist students with ASD in understanding the structure of their day.
- Tranquil spaces: If a student requires a sensory break, they can retreat to a secure and peaceful space. This space should be free from distractions and help the child feel calm.
- Noise-blocking headphones: At times, students with ASD may need to eliminate all outside stimuli to concentrate on schoolwork. Noise-canceling headphones can be particularly useful for students with autism, as it helps them stay focused on the task at hand.
- Preferred seating: Some students may benefit from sitting in a quieter section of the classroom with fewer distractions so that they can concentrate on their assignments.
- Positive reinforcement: Encouraging words or incentives usually work better than negative language or punishments for students with ASD.
College and University Accommodations
Several of the accommodations used in K-12 for ASD students can also apply to college. Ideally, students with autism are taught when they need sensory breaks or tranquil spaces, and when they get older and transition to college, they are able to see these accommodations out on their own. Colleges and universities may also provide some of the following accommodations to ASD students:
- Technology support: To keep up with lectures and effectively take notes, students may require a laptop, tablet, or assistive technology in the classroom.
- Guidance from peers: New students with ASD may find it easier to adjust to college life with the help of a peer mentor who can give them a tour of the campus.
- Customized assignments: Providing extra time for assignments and projects, or making special accommodations for in-class exams, can assist students in completing their coursework more successfully.
- Frequent advising sessions: ASD students may benefit from meeting with their academic advisors or instructors regularly (more than once per semester) to discuss accommodations and track their progress in their courses.
- Priority course registration: Some schools offer early or priority course registration for ASD students, ensuring they can enroll in the courses they need without having to come up with backup plans.
Common Problems for ASD Students at K-12 Schools in Maryland
Schools often fail to acknowledge ASD in students or do not fulfill their promised accommodations, which are the most prevalent issues faced by K-12 students.
The School Doesn't Recognize the Student's ASD
One major challenge faced by families of ASD children is the failure of schools to acknowledge their disability. Despite having a legal responsibility to identify and evaluate children with disabilities, many schools fail to provide special education services to those who need them.
This problem is particularly common for students with intellectual disabilities such as ASD. Unlike physical disabilities like paralysis, ASD may not be immediately apparent and may require parents or teachers to spend time with the child in order to notice signs of the disorder. Once a child is suspected to be autistic, federal and state laws mandate that teachers or school personnel must recommend them for special education evaluations.
Difficulties Requesting Special Education Screening
If you're a parent, you may already know that your child has ASD as they have received a diagnosis. In this case, you can simply ask for your child to be evaluated for special education services at their school. If you are unsure if your child has ASD but have noticed some signs, you can talk to their teachers and the special education coordinators at their school to learn more about the process for referrals. After your child's initial assessment, they will need to be reassessed every two years to determine if they still meet the requirements for disability set by the government and state. The general guideline is every three years, but for intellectual disabilities, assessment must happen every two years.
At Montgomery County Public Schools in Germantown, the process for screening and evaluating students for special education services sticks closely to the federal IEP requirements. Students must first be screened by an IEP committee, and then further evaluated if the committee suspects the student has a disability. As a parent, you can request an IEP meeting at any time to discuss your child's progress. You can also ask for an independent evaluation completed by a professional who is not employed by the school.
If you're facing challenges having your child evaluated and enrolled in special education programs at their school, reach out to the Education Law Team at the Lento Law Firm. Our team supports students with ASD and their families in navigating interactions with schools and educational organizations, and advocating for the necessary accommodations for their academic success.
The School Doesn't Provide Adequate Accommodations
Even if your child's school acknowledges their ASD diagnosis and qualifies them for special education services, implementing these services can present challenges. Schools may not always fulfill the commitments outlined in the Individualized Education Program (IEP), or they might delay the IEP's development.
The hesitation to provide necessary services can stem from the significant time, effort, and financial resources required. A school might lack the administrative capacity to offer the deserved level of education, or it may simply prefer to avoid the extra work. Additionally, a shortage of qualified special education staff can prevent your child from receiving the required services and programs.
Students with autism often need behavioral counseling and communication programs to enhance their social and interpersonal skills. However, many schools do not have specialists in these areas on their payroll and might need to hire outside professionals, which could be costly for the school and discourage them from making the needed arrangements.
Financial constraints or lack of resources do not justify the denial of your child's legal entitlement to special education services, though. Once the school district recognizes the necessity for accommodations to support your child's education, it's obligated to implement them. If the school fails to provide these services, you have the option to address the issue through the district's administrative channels or pursue legal action. The Lento Law Firm's Education Law Team is here to assist you in lodging a formal complaint and ensuring your child receives the promised accommodations.
Common Problems for ASD Students at Colleges and Universities in Maryland
Once students complete their high school education, they lose the protections afforded by the Individuals with Disabilities Education Act (IDEA). They are still protected by state laws and the federal Americans with Disabilities Act (ADA), however. College students with recognized disabilities are entitled to receive accommodations, but it's their responsibility to request these accommodations proactively. Faculty and university personnel are not required by law to identify students with ASD or other disabilities and offer support without being asked.
Complexities with Requesting Accommodations
ASD students often struggle with obtaining accommodations in college. The process of being approved for these accommodations can be a major obstacle, as each college or university has its specific procedures that must be followed precisely. Failure to do so may result in a denial of the request. Unfortunately, these policies can be ambiguous, confusing, or even incomprehensible. Additionally, the responsibility of approving or denying accommodation requests is often left to school officials who may not have expertise in disability services. In some cases, there is no option for appealing a denial of accommodations.
At the University of Maryland, students with autism who would like to request accommodations must go through the Division of Student Affairs' Accessibility and Disability Service. The registration process with this service involves submitting an application, providing a self-report that lists the specific accommodations needed, and supporting documentation. If you want accommodations for on-campus housing or student employment, there are additional steps to complete. Some of the documentation you need to provide can include formal assessments from medical professionals, letters from qualified evaluators, or documents from high school such as your IEP plan.
Getting Accommodations in Disciplinary Proceedings
Students with disabilities may find it challenging to keep up academically in college, even when they receive the accommodations they need. There are instances where instructors, either not informed of the student's disability or lacking sensitivity towards their needs, might perceive these accommodations as unfair advantages or academic dishonesty. The use of electronic note-takers, digital resources, extended deadlines, and similar supports could be wrongly interpreted as academic misconduct, adding unnecessary stress on top of an already demanding academic schedule.
Additionally, other forms of misconduct allegations can pose challenges. Students with ASD might face accusations due to misunderstandings in social communication, which is often expected to conform to neurotypical standards. The complex nature of consent rules regarding sexual misconduct, which may include the possibility of nonverbal withdrawal of consent, poses a significant challenge for individuals with ASD who may struggle to interpret nonverbal cues, leading to unjust accusations. In disciplinary situations, students may find themselves without the necessary accommodations, facing proceedings in settings that are unfamiliar and without the option for breaks or support from someone who understands their needs.
Should you find yourself accused of misconduct and feel that your university is not protecting your rights or is making the disciplinary process unduly difficult, reaching out to the Lento Law Firm is a critical step. We are committed to ensuring that your educational institution acknowledges and adheres to your rights as a student with a disability, preventing any unfair impact on the outcome of disciplinary proceedings.
Your Student's Education Can Suffer
Lacking the necessary accommodations for ASD can significantly hinder a student's educational experience. Without these supports, you or your child might struggle to keep pace academically, which can stifle not just academic achievement but also social engagement. For students with ASD, the opportunity to develop communication and social skills in an educational setting is essential for a smooth transition into adulthood. Schools play a pivotal role in teaching how to navigate social interactions and understand the world. Missing out on the chance to enhance these crucial skills due to inadequate support services can adversely affect a student's future prospects.
The repercussions extend beyond stunted academic and social growth. Poor academic performance can limit opportunities for higher education admissions and scholarships and may lead to academic probation or dismissal, affecting chances for internships or employment. As a result, teachers and instructors might be reluctant to offer recommendations, as these students have a history of academic probation.
Unacknowledged disabilities in ASD students can also lead to disciplinary actions for behaviors that accommodations could mitigate. As a result, these students face the risk of detentions, suspensions, or even expulsions because the educational environment failed to recognize and address their needs.
The Lento Law Firm's Education Law Team Can Help
Our Education Law Team advocates for students with disabilities and their families across the United States, spanning from elementary to graduate levels. We recognize the critical need for ASD accommodations in educational settings and are prepared to support you and your family in securing these services for your child. We can negotiate counseling services with school officials, prepare defenses in college disciplinary actions, and much more. We are committed to being by your side throughout the entire process, vigorously defending your rights. Our team can accompany you to all meetings with school administrators and even speak on your behalf if needed. Schools are required to adhere to federal and Maryland special education laws, and failure to comply should not go unchallenged.
Should you believe your rights in special education are being overlooked, please contact the Lento Law Firm at 888-535-3686 or share your case details through our online form.
