Autism Spectrum Disorder Accommodations in Massachusetts

Students in the Boston area, Cambridge, Lowell, Salem, and elsewhere in Massachusetts can seek accommodations and related services for Autism Spectrum Disorders (ASD). While most students have an early diagnosis of ASD, Massachusetts protects the rights of adults and college-age individuals to accommodations as well.

The Massachusetts legislature passed the Autism Omnibus Bill in 2014, including six laws protecting individuals with ASD. These laws expanded services for children with autism, protected medically necessary insurance coverage, expanded adult eligibility for services, created an autism endorsement for teachers, and made the Autism Commission a permanent entity.

Massachusetts has numerous laws to protect individuals with ASD, but maneuvering the legal landscape is difficult and time-consuming. In many instances, an experienced attorney may be required to get all the services and assistance a student requires.

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 at the high school and college levels. Often, a disabled student will face potential discipline before the student or parents consult an attorney. The Lento Law Firm can help even if the student has failed to inform the university and request accommodation. Wherever you are in the accommodation process, the Lento Law Firm can assist you in protecting your rights as a person with a disability. Call 888.535.3686 or provide your details online, and we will contact you.

Federal vs. Massachusetts State Law of Disability Special Education Laws

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. These federal laws and Massachusetts Special Education law at Title 603 CMR § 28 govern special education availability in the state.

Laws Banning Discrimination Based on Disability

All schools, colleges, and universities must accommodate and not discriminate against a student with a disability under Section 504 of the Federal Rehabilitation Act and 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.” Under 29 CFR §1630.2(j)(3)(iii), autism is specifically listed as a disability under the ADA. If you or your student has a diagnosis of ASD, their college or university will have an obligation to accommodate them and to refrain from discriminating against them.

Autism Defined Under Federal and State Laws

Federal law defines autism in terms of special education rights at 34 CFR §300.8(c)(1), which provides that:

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.

Title 603 of the Commonwealth of Massachusetts Regulations (CMR) at §28.02 (7)(a) defines autism as follows:

A developmental disability significantly affecting verbal and nonverbal communication and social interaction.

The Massachusetts legislature adopted 34 CFR §300.8(c)(1) by reference and included autism as a covered disorder under state special education law.

Standards for Eligibility for ASD Students for Special Education

To meet the standard for diagnosis of ASD under special education and federal disability laws, an individual must have a disability affecting the ability to communicate and interact with others. This must include the following:

1. Repeated movements and interests.
2. Extreme resistance to a change in routine or habit.
3. Sensory issues and unusual responses to light, sound, or other stimuli.

Typically, autism is diagnosed before the age of 3. However, Massachusetts has been proactive in diagnosing older children and adults.

Definition of ASD in DSM 5

The American Psychiatric Association's Diagnostic Statistical Manual Fifth Edition (DSM 5) sets forth the criteria for a diagnosis of ASD. To satisfy the criteria, students must demonstrate deficits in each of three areas of Social Communication and in at least two of four areas of Restricted Behavior, Interests, or Activities.

Three Areas of Social Communication

Autism involves difficulties and challenges in all three areas of social communication. A person with ASD must show deficits in all three of the following areas:

1. Significant Deficits in Reciprocity of Emotion.

Reciprocity is the ability of a person to engage in discussions or other communication with another person with emotional give-and-take. A person with ASD may have difficulty starting a conversation with another person or responding if a person tries to interact or communicate. Autistic individuals have difficulty with social and emotional interaction and the back-and-forth nature of communication.

2. Failure to Integrate and Match Nonverbal Communication Behaviors.

Individuals with ASD have difficulty manifesting nonverbal cues that match verbal communication. Nonverbal cues include hand movements, eye contact, facial gestures, and other body movements or cues. If a child has difficulty conveying ideas through eye contact and facial movements, they score high on this scale.

3. Deficits in Developing and Maintaining Relationships.

An individual with ASD has difficulty maintaining relationships and socializing with others. This is particularly true in new or unusual social situations or when first meeting another person. The assessment also includes how the individual adapts to any type of new situation.

Restricted, repetitive patterns of behavior, interests, or activities.

A person must show at least two of the following four patterns of behavior:

1. Repetitive movements or speech.

This element measures whether a person repeats certain movements or behaviors. For example, the person might repeat a phrase repeatedly or compulsively arrange their possessions.

2. Insistence on a rigid schedule and resistance to any change in schedule or rules.

A person with ASD will have a strong preference for a daily ritual or schedule and may be extremely resistant to change. They may eat the same food or foods every day or insist that the rules, once articulated, be followed rigidly. Individuals with ASD may choose to follow rituals when meeting people.

3. A high degree of intensity and focus on special interests or areas of interest.

An individual with ASD may fixate on a particular subject or hobby with intense interest and study. A person with ASD may be strongly obsessed with a few areas of interest and may be an “expert” in these areas.

4. Unusual reactions to sensory stimuli, either by overreaction or underreaction.

A person with ASD may be extremely sensitive to sounds or smells that other people barely notice. They may experience minor touching or irritation as overwhelming and may feel discomfort. Alternatively, an ASD individual may show an indifference to heat or cold or be unaware of these issues. They may become fascinated with light, sound, or movement.

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 – Requires support.

At level One, a student will need some support to live independently.

Level 2 – Requires substantial support.

Students at level Two have difficulty initiating interaction and require much more substantial support.

Level 3 – Requires very substantial support.

A student will have difficulty communicating with others at level Three and will need very substantial 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 Massachusetts, the issue of whether a student has a disability that impacts performance is decided by an IEP Team. This Team includes the parent or guardian, general education teachers, special education teachers, and other experts. If appropriate, the student should be included in the IEP process.

In Massachusetts, the IEP must address the following for a child with ASD:

• Communication needs, including verbal and nonverbal.
• Social interaction skill development.
• Bullying and the skills to avoid bullying and harassment.
• Unusual responses to sensory input and needs arising from these responses.
• Resistance to change and resulting needs.
• Repetitive engagement in activities and resulting needs.
• Positive behavioral interventions, strategies, and supports.
• Any other needs from a disability that impacts educational progress and social and emotional development.

Autism Support Centers

In Massachusetts, the Department of Developmental Services provides support for children, families, and adults with ASD through eight Autism Support Centers. These centers provide training, family and individual workshops, and other activities that help ASD individuals and families connect and engage as members of their communities.

This Autism Support Center Map will tell you which Center is assigned to your school district or location.

The Autism Home and Community-Based Services Waiver Program

Through the Autism Waiver Program, Massachusetts offers various expanded home services and support to children under 10. A student may access expansive home services for up to 3 years during this period. These services are particularly important for early intervention and for the families of ASD children. Children transition out of this program but may seek some of these services and supports through other programs.

Autism Accommodations and Services under Massachusetts Law

• Accommodations.
• Changes to the classroom that allow students to participate in general education classrooms.
• Specially designed instruction.
• Changes to the teacher's subject or instruction.
• Related services.
• including speech therapy, counseling, other therapies, and transportation.

Potential Accommodations Under Massachusetts Law

The following accommodations may be made in Massachusetts:

1. Sensory Processing Accommodations
• Seating that allows movement (wobble chair).
• Movement breaks.
• Planning physical activity into the curriculum.
• Sensory aids (fidget or chewing gum).
• Quiet space, such as a play hut or tent.
• Noise-cancelling headphones.
2. Behavioral Supports and accommodations
• Use of visual aids (picture books).
• Immediate feedback.
• A token system or economy to encourage self-monitoring.
• Emphasis on coping strategies.
• Use of visual prompts in verbal communication.
3. Assistive technology
• Speech-to-text.
• Digital organizer.
4. Modified Assignments
• Extra time.
• Modified learning pace.
5. Organizational Accommodations
• Give simple, step-by-step instructions.
• Give students a consistent and organized space.

Testing Accommodations in Massachusetts

The following testing accommodations are available to students in Massachusetts schools:

1. Accessibility Features (available to all students)
• Highlighter Tool.
• Color Contrast.
• Zoom in/out.
• Enlarged mouse.
• Line reader tool.
• Answer masking.
• Audio aid.
• Test administrator redirects or restates directions (without coaching).
2. Designated Accessibility Supports (principals have the flexibility to offer these to any student, with or without an IEP or 504 Plan).
• Small group test administration.
• One-on-one test administration.
• Frequent breaks.
• Alternative location.
• Noise buffer, including noise-canceling headphones.
• Familiar test administrator.
• Student reads test aloud to self (alternative location).
• Modified time of day.
• Modified room or lighting.
3. Accommodations for Students with Disabilities (must be in IEP or 504 Plan)
• Unique accommodations depending on the student.
• Students can refuse and not lose the right to a later request.
• These accommodations must not fundamentally change the test.
• Human scribe or read aloud or TTS.
• Approved checklists.
• Use a calculator, but read the guidance carefully.
• Spell checker.
• Other accommodations in IEP or 504 Plan.

Principles of Accommodations in Testing

1. Massachusetts has an unusually long and specific testing guidance manual. Common accommodations have codes, so read and prepare before requesting these accommodations.
2. Accommodations allow all students to participate more fully but should not fundamentally alter the test.
3. The test administrator must always preserve the integrity of testing.
4. All accommodations should be based on disability and need.
5. Testing accommodations should be included in the IEP or 504 Plan for the student.

Accommodations at the College Level

When students leave high school behind and head to a college or university, they will likely continue to need accommodations. The nature of these accommodations will vary, depending on the student and situation. The following are typical accommodations that a college student might request:

• Housing or dining accommodations, including a quiet room, single room, kitchen access, or other technology assistance.
• Testing accommodations that allow for modification of normal testing routine or assistive technology. For example, a student might request a modified schedule, extra time, or location accommodation.
• Classroom accommodations, including notetaking assistance, assistive technology, taking classes online, or other accommodations to normal classroom policies.
• Assistive technology and university guidance securing and using this assistance.
• Other accommodations, depending on need.

Accommodations at Boston University

For example, Boston University is widely regarded as one of the best universities for ASD individuals in the U.S. A student seeking accommodations at BU must first provide notice and documentation to Disability and Access Servicesat the university.

Boston University offers the following types of accommodations to students:

1. Academic Accommodations
• Students may ask for accommodation if disability impacts their ability to perform academically. This includes test anxiety, which is common for ASD students. Other accommodations include:
• Extended time.
• Assistive technology.
• Reader/scribe.
• Modified schedule or attendance accommodations.
2. Housing Accommodations
• Quiet buildings.
• Single Room.
• Personal attendants.
• Assistance animals.
• Kitchen access.
3. Warning or Attentional Accommodations
• Notetaking assistance.
• Recording of lectures.
• Auxiliary aids.
• Alternative formats of textbooks.
4. Assistive Technology
• The university will help students access assistive technology, including text-to-speech, notetaking apps, screen reading software, and other technology.
5. Other Accommodations
• Disability Services will assist the student with any further need for accommodations based on their disability.

Tips for College Students with ASD

1. You may wish to consider willingness to make accommodations for students with autism as part of your selection criteria as you look at possible colleges. Whether you disclose your disability in your application is up to you—the college or university cannot require you to do this. No college or university can legally discriminate based on your ASD status.
2. Take documentation supporting your disability status as you leave for college. You will need this information in unexpected ways. You may wish to see medical providers before you commence college and take proof of your diagnosis and most recent visit.
3. Contact the campus disability services office or department as soon as you decide on acceptance. This process requires documentation and time, so don't wait until the last minute. Make sure you begin a healthy dialogue with this office.
4. If you decide to live on campus, make your status part of your university housing application. As a sensory accommodation, you may wish to request a quiet room or a single room. Another possibility is the right to attend classes online intermittently so that you can limit sensory overload.
5. Communicate with your professors and always ask for the necessary accommodations. If you need assistance from disability services to support your requests, make sure you bring that office into the conversation. Communication is hard, but the professor cannot give you accommodations you do not request.
6. If you find yourself overwhelmed by the classroom experience, you are not alone. Remember that several apps or other assistive technology help you cope. You might wish to ask for a notetaker assistant or an individual in your class who is paid a small stipend to share notes. Never be afraid to ask for help.
7. If you are concerned that you are not receiving the accommodations you are entitled to under the law, don't wait to discuss the situation with your parents and the Lento Law Firm.

Academic Discipline and Disability in College

If you have failed to ask for help, and your ASD has led to serious problems academically, it is not too late to ask for accommodation now. If you are in academic trouble based on your disability, you have rights, and the Lento Law Firm can help you assert them. But don't wait to take action, as this strategy never rectifies the situation. Meet with an experienced attorney and discuss options. Even if the situation has progressed to academic probation or beyond, you may need to inform the school of your ASD diagnosis and seek accommodation based on disability in the future.

Call the Lento Law Firm quickly and begin to take action to protect your future. You may need many accommodations as we advance, from note-takers to testing accommodations. You may need extra time on exams or to take some classes online. The specific accommodations will depend on the student and their needs. But rest assured that your student can succeed if given a full and fair opportunity. The accommodations will vary from person to person. The college is not doing you a favor in accommodating your disability—accommodation of disability is the law. If your college or university fails to provide all the accommodations you need, call the Lento Law Firm.

The Lento Law Firm Student Defense Team Can Help

If you are attempting to secure accommodations for ASD, the Lento Law Firm can help. Early in your student's life, a parent will focus on getting an IEP or Section 504 Plan. As the student transitions to college life, they will become an advocate and work with the parent or guardian to secure the accommodations they need to graduate. The Lento Law Firm can assist you every step of the way to get the services and support you need. If you or your child has started college but is overwhelmed without adequate accommodation, we can assist you in working with the university to create a plan for success. Suppose your student or child is facing discipline or failing to progress academically. In that case, the Lento Law Firm Student Defense Team can help you assert their right to disability accommodation for ASD. Call 888.535.3686 or provide your details online, and we will contact you.