Students in Columbus, Cincinnati, Cleveland, and elsewhere in Ohio can seek accommodations and related services for Autism Spectrum Disorders (ASD). While the process of accommodations for ASD typically begins early in most students' education, accommodations should continue at the college or university level after the student graduates from high school. In primary and secondary school, the accommodation process is governed by special education laws and regulations. As a student continues their education in college, the requirements for accommodations are defined by laws banning discrimination based on disability. However, the emphasis is always the same: the student with ASD is entitled to equal access to learning and must be able to participate fully in the educational process.
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. They can help if a student's disability has led to academic issues, 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. Ohio 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 laws, together with the Ohio Revised Code, Title 33 § 3323, form the basis of special education law in Ohio.
- 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
The definition of autism for purposes of school disability law is found federally at 34 CFR §300.8(c)(1), which provides that:
(I) 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 33 of the Ohio Revised Code, §3323.01, defines autism as a disability :
“Child with a disability" means a child who is at least three years of age and less than twenty-two years of age who has an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, and other health impairment, a specific learning disability (including dyslexia), deaf-blindness, or multiple disabilities; and who, by reason thereof, needs special education and related services.
Standards for Eligibility for ASD Students for Special Education
For purposes of special education and federal disability laws, autism spectrum disorder is a developmental disability affecting communication and interaction characterized by:
- Repetitive interest and movements.
- Resistance to changes in routines and habits.
- Unique responses to sound, sight, and other stimuli.
Typically, autism is diagnosed before the age of 3. However, the federal definition provides that autism may be identified in children older than three if other criteria in the definition are met.
Definition of ASD in DSM 5
The American Psychiatric Association sets forth the criteria for a diagnosis of ASD in the Diagnostic Statistical Manual Fifth Edition (DSM 5). To satisfy the criteria, students must demonstrate deficits in all three areas of Social Communication and two of four areas of Restricted, Repetitive Patterns of 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:
- Social-emotional give-and-take (reciprocity).
Reciprocity measures the ability of a person to engage in the give-and-take of discussions and communication. It measures whether a person can start a conversation with another party or respond if the other party starts a conversation. A person with ASD has difficulty with social and emotional back-and-forth with other people.
- Nonverbal communication behaviors.
Nonverbal communication includes eye contact, facial gestures, body language, and hand gestures. A person scores low on this behavior if their nonverbal behavior and verbal expressions fail to “go together” or match. A person with ASD may have difficulty conveying ideas through eye contact or other nonverbal communication.
- Developing and maintaining relationships.
This element measures the ability to make friends, have relationships, engage in hobbies, and play with others. It also measures how well a person can adjust to new social situations. A person with ASD may have difficulty developing and maintaining relationships.
Restricted, repetitive patterns of behavior, interests, or activities.
A person must show at least two of the following four patterns of behavior:
- Repeated movements or use of objects or speech.
A person with ASD may repeat certain behaviors or phrases or arrange their belongings in particular ways.
- Resistance to change in rules or schedules and rigid rules for speech and behavior.
A person with ASD may have a strong negative reaction if someone fails to follow the rules or if their routine is changed without preparation. They may eat the same food daily or follow daily life rituals or when meeting people.
- A high degree of intensity and focus on special interests or areas of interest.
This may involve a person being fixated on a particular subject matter or an in-depth study of an area or a hobby. A person with ASD may strongly be obsessed with a subject or object.
- Either overreacts to sensory stimuli or is indifferent.
A person with ASD may be extremely sensitive to minor touching or irritation and may have an extreme reaction to things other people may not even notice. Conversely, some people with ASD lack awareness of extremes of heat or cold. A person with ASD might be fixated upon or 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.
A student at Level 1 will have some challenges to independent living and will require support.
Level 2 – Requires substantial support.
At level 2, students will limit social interaction to narrow interests and have difficulty initiating interaction with others.
Level 3 – Requires very substantial support.
A student at Level 3 will have great difficulty with communication and need very substantial support 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 Ohio, the IEP Team determines whether a child is eligible for a disability. Under the Ohio Revised Code, Title 33, the IEP Team must be made up of:
- The parents of the student.
- A regular education teacher.
- A special education teacher.
- A representative of the school district.
- An individual qualified to interpret evaluation results.
- Other individuals with knowledge or special expertise.
- The student, if appropriate.
The Ohio law is expansive regarding appeal rights should a child be denied special education services. This may include mediation and alternative dispute resolution, a due process hearing, and an independent evaluation without charge. Contact the Lento Law Firm if your child is denied an IEP—they have helped many students nationwide get access to appropriate special education services.
Ohio Department of Developmental Disabilities
The Ohio Department of Developmental Disabilities offers a number of available programs for individuals with ASD, including individual service plans, family resource funds, Medicaid waiver, respite care, and home modifications. If you have issues securing services from this agency, contact the Lento Law Firm. These family and financial accommodations are often as important as educational accommodations.
Autism Accommodations under Ohio Law
The Autism Society of Greater Akron recommends the following accommodations for the autistic student in Ohio:
- Physical Accommodations
- Adjustment of chair, desk, and table for optimal comfort (feet flat on the floor, hips at a 90-degree angle).
- Alternative seating.
- Allow a play hut or tent for students to retreat. May use a weighted blanket.
- Seat away from distractions, such as windows or doorways.
- Visual Accommodations
- Daily schedule with pictures.
- Use of visual clues in the classroom.
- Minimize stimulation toys, games, and similar items.
- Use dim lighting and muted colors.
- Make organizational space available to students.
- Help students stay focused through visual help.
- Auditory Accommodations
- Allow students to use earplugs.
- Break directions down into discreet steps before speaking.
- Warn about loud noises before they happen.
- Organizational Accommodations
- Give simple, step-by-step instructions.
- Give students a consistent and organized space.
- Use a consistent approach.
- Sensory Accommodations
- Low-level lighting
- Soft voice, slow speech
- Allow the child a secluded space.
- Encourage active play, such as twirling or spinning.
- Avoid rushing the student.
- Behavioral Accommodations
- Empower and encourage children.
- Be specific with constructive criticism.
- Use positive praise.
- Use alternative approaches.
Testing Accommodations in Ohio
The following testing accommodations are available to students in Ohio schools:
- Accessibility Features/Presentation Accommodations
- Assistive technology.
- Dual monitors.
- Paper version of test (instead of online).
- Reading access (test administrator reads test to student).
- Text-to-speech, human reader, screen reader, or language interpreter.
- Administrative Accommodations
- Lighting, including dimmed lighting.
- Breaks from testing.
- Alternate location.
- Test administered by a familiar person.
- Specialized equipment of various types.
- Time of day, including only morning or afternoon testing.
- Universal Tools (available to all students)
- Blank paper.
- Calculator (where allowed).
- Headphones.
- Notepad.
- Masking of parts of the page.
- Spell-Check (where allowed).
- Text-to-speech.
- Designated Supports
- Embedded (i.e., part of the delivery system but must be “turned on”).
- Non-Embedded
- Handheld calculator.
- Math reference sheets.
- White noise.
- Rulers.
- Specialized paper.
- External timer.
- Student reads aloud to himself.
- Response Accommodations
- Answers transcribed by the test administrator.
- Additional assistive technology.
- Calculator or fact charts.
- Mathematics' tools.
- Scribe (student dictates verbally or using other technology)
- Timing and scheduling accommodations.
- Extended time for testing.
- Other Accommodations
Depending on the situation, certain items or accommodations may fall under several categories. For example, a calculator may be provided to everyone taking certain tests, but it also may need to be specifically designated support for other tests.
Principles of Accommodations in Testing
- Accommodations are allowed to provide equal access to learning for a disabled student. They allow all students to participate more fully.
- Accommodations must promote learning, as evidenced by measurement.
- Accommodations should preserve the subject matter being assessed.
- Accommodations should maintain the integrity of testing.
- Particular accommodations should be based on disability and need.
- Testing accommodations should be included in the IEP or 504 Plan for the student.
Autism Scholarship Program
Historically, the Autism Scholarship Program allowed Ohio students receiving special education services under the autism category to attend private school with payment by the state. In 2024, this criteria will expand to allow students with a private autism diagnosis to receive the scholarship. This scholarship can be substantial and largely fund a private education, but participation is not without cost. As a condition of receiving the Autism Scholarship, a student must waive rights to free public education and all these related services and accommodations.
Accommodations at the College Level
College students may ask for any number of accommodations that will allow them to succeed, including:
- Housing Accommodations, including a single room or other housing that limits sensory stimulation.
- Testing Accommodations, including extra time on exams, assistive technology, and other modifications of normal testing routine.
- Classroom Accommodations, including flexibility in attendance policies, taking classes online, note-taking assistance, and other assistance to make classroom instruction effective.
- Assistive Technology, including text-to-speech, note-taking apps, and other technology tools.
- Other Accommodations, depending on need.
Accommodations at Ohio State University
By way of example, Ohio State University provides the following accommodations to students:
- Exam Accommodations
Students may ask for accommodation if disability impacts their ability to take exams. This includes test anxiety, which is common for ASD students. Other testing accommodations include:
- Extended time for exam.
- Assistive technology.
- Reader/scribe.
- Distraction-reduced exam space.
- Spell-check for essay exams.
- Note-Taking Support
Students with disabilities that impact the ability to take notes in class can ask for accommodations, including:
- Seeing lecture slides in advance.
- Workshops on note-taking.
- Note-taking apps on phones and permission to use apps during lectures.
- Peer note-taking, where volunteers offer notes to other students.
- Attendance and Deadline Modifications
Disability Services may allow students some flexibility with absences, exams, deadlines, and participation points.
- Assistive Technology
Hardware or software allowing user access. After a disabled student is registered at OSU, a coordinator will help the student access assistive technology, including text-to-speech, notetaking apps, screen reading software, and other assistive technology.
- Accessible Media
A disabled student may need materials in other formats, such as XHTML or PDF. Requests should be made through Disability Services at OSU.
- Consultation and Advocacy
After registering with Disability Services, a student will be assigned to an Access Specialist to review and assist with accommodations and resources, including advocating to professors and staff.
- Housing/Dining Accommodations
A disabled student may request single accommodations or other modifications to dormitory housing.
- Disability Parking
Disabled students may request accessible parking.
- Other Accommodations
Disability Services will assist the student with any further need for accommodations based on their disability.
Tips for College Students with ASD
- Take advantage of any available help as you apply to colleges. The decision on whether to identify as an autistic person in your application is personal and up to you: the college cannot legally discriminate against you.
- Make sure you have proof of your ASD diagnosis with you—you will need it in unexpected ways.
- As soon as you know where you are going to school, find the disability service agency on campus and begin a dialogue.
- If you decide to live in the dorm, inform university housing of your diagnosis and status. You may request a private room or other accommodation to limit sensory overload. Remember, you can take some classes online if the classroom environment becomes too much.
- Talk to your professors and ask for accommodations if you need them.
- As you go forward, if you discover areas where you need help, make sure to ask. For example, if note-taking is becoming overwhelming, consider asking for a note-taking app and permission to use it. If this does not work, ask disability services if someone in the class might be a volunteer note-taker for you. Don't be afraid to ask for help.
- Make sure you have a supportive advisor. If it is not working with one advisor, ask for a change. Try to find a mentor who understands ASD—you may find an ASD faculty member to help with your adjustment and educational journey.
- Find medical care that is accessible to you.
- 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 an experienced attorney.
Academic Discipline and Disability in College
Sometimes, students with ASD fail to register or ask for the help they need. If you find yourself in academic trouble and worry that the situation might be quite different with the accommodations required under the law, it is not too late to take action. 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 several accommodations going forward, from note-takers to testing accommodations. You may need extra time on exams or to take some classes online. The accommodations will vary from person to person. But know that you can succeed if given the opportunity and flexibility the college must provide under federal law. The college is not doing you a favor—accommodation of disability is the law. If your college or university is failing 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. We can help middle and high school students get the services they need under an IEP or Section 504 Plan. 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. If your student or child is facing discipline or failing to progress academically, 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.
