In Pennsylvania, students with disabilities have the right to receive an education, even if it means making special accommodations or modifications to their academic program. This right extends to all students, from ages 3 up through graduate school. If you or your child has autism spectrum disorder (ASD), then you may be familiar with special education services. You may also be aware of how difficult it is to get the services you or your child needs to progress, and you also know how crucial these services and accommodations are.
If your or your child's school isn't providing appropriate disability accommodations, you should take action. At LLF Law Firm, we understand how frustrating it is to deal with an education system that either doesn't take your accommodation requests seriously or doesn't have the resources to meet your or your child's needs. Our Education Law Team can provide you with legal guidance in this area and help you hold your educational institution to account. We can help ensure that you or your child gets the ASD accommodations needed to be a successful student. Call our firm at 888-535-3686 or fill out our contact form to schedule a consultation.
Pennsylvania Laws for Students with ASD
In Pennsylvania, the state entity responsible for administering and monitoring special education services and programs is the Bureau of Special Education (BSE), which is part of the Pennsylvania Department of Education (PDE). In addition to monitoring school districts to ensure compliance with federal and state disability education laws, BSE also:
- Receives and helps settle disputes and complaints concerning special education services
- Provides training and technical assistance throughout the state concerning special education services
- Helps students who need special education get placed if their own school district doesn't have adequate resources
At the local level, school districts (officially referred to as Local Education Areas or LEAs) must comply with federal and state special education laws. LEAs have to report to BSE, providing special education planning and evaluation documents on an ongoing basis. LEAs must also allow BSE to conduct investigations if there's a complaint.
Additional IEP Requirements in Pennsylvania
Children who qualify for special education must receive an Individualized Education Plan (IEP). This plan provides a description of all the programs and services needed to help your child make progress in school. The IEP is based on the initial evaluation of your child when they were referred to special education services for screening.
Parents are allowed and encouraged to play an active role in their child's IEP. The IEP team must hold meetings around your schedule so that you can attend. You can offer your input on the IEP and help shape the plan for your child's education. IEPs must be reviewed every year to ensure they're still appropriate for the child's progress.
IEP requirements are part of the federal disability law, Individuals with Disabilities Education Act (IDEA). Pennsylvania schools must comply with this federal law, but Pennsylvania law also expands upon federal requirements for IEPs, stating what must be included based on the student's disability. For students with ASD, the IEP must also list “autistic support” services the child will have. These services should address communication, social skills, or behaviors that are consistent with ASD. The law requires the IEP to address the child's needs and skills specifically related to ASD, such as:
- Verbal and nonverbal communication
- Social interaction skills
- Response to sensory experiences and changes in the environment
- Daily routines and schedules
- Positive behavior supports or behavioral interventions
Federal law mandates that the IEP be created and take effect within 60 days of the completion of the child's evaluation. Pennsylvania is one of several states that has shortened that time period to 30 days.
If you feel that your school district has not made a sufficient effort to include you in IEP planning, or has failed to hold an IEP meeting with you at least once annually, you can contact the LLF Law Firm. Our Education Law Team can help you defend your rights as a parent when it comes to your child's IEP. We'll help you hold your school district to account and ensure they're following federal and Pennsylvania special education laws.
Expanded Child Find Requirements
IDEA also has a requirement called Child Find, which is the process of identifying and screening children for special education services. In Pennsylvania, the law goes beyond federal obligations concerning Child Find. Schools must not only actively search for and screen children who potentially have disabilities, but they must also run outreach awareness programs. These programs must:
- Inform the public about special education services and programs in the district
- Include written information about special education services in school handbooks
- Include information regarding potential signs of developmental delays and other indications of disability
- Provide annual public announcements about Child Find activities in the media
The goal of this state law is to help parents and families better understand special education in Pennsylvania and encourage them to ask their local school districts about screening and evaluation for their children.
Examples of Accommodations for ASD Students
Autism and ASD primarily impacts communication and social interaction—two skills that are heavily emphasized in traditional classroom settings. With the right accommodations, both at the K-12 level and in higher education, ASD students can thrive. As a parent, you should know what kinds of accommodations to expect for your child once they are screened and approved for special education. As a college student, it's important to know what kinds of accommodations you should ask for when submitting your request to your campus disability office.
K-12 Accommodations
The most common K-12 accommodations for autistic students are:
- Sensory breaks: ASD students often deal with sensory overload. Providing breaks throughout the day can help with refocusing.
- Visual schedules: Posting a visual schedule with pictures to represent each activity of the day can help ASD students better understand the structure of their day.
- Quiet spaces: When a student needs a sensory break, they can go to a safe and calming environment.
- Noise-cancelling headphones: Sometimes ASD students need to block out all distractions so they can focus on schoolwork.
- Preferential seating: Students may need to sit in a quieter area of the classroom with fewer distractions so they can better focus on their work.
- Positive reinforcement: Verbal praise or rewards can help motivate ASD students to complete their tasks.
College and University Accommodations
Accommodations provided for K-12 students can also apply to ASD students in college. In addition, college students might also ask for the following accommodations:
- Assistive technology: Students might need a laptop, tablet, or note-taking assistive technology in the classroom to keep up with the lectures and take notes effectively.
- Peer mentors: Having a peer mentor who can show new students around can help ASD students transition to college life more easily.
- Modified assignments: Extended time for assignments and projects or special conditions for in-class exams can help students complete their coursework more effectively.
- Regular advisement meetings: ASD students may need to meet with their academic advisors or instructors more often to discuss accommodations or progress in their courses.
- Early course registration: Some schools allow ASD students to register for courses earlier or in priority, so they're assured to get into the courses they need and don't have to come up with a backup plan.
Common Problems for ASD Students at K-12 Schools
The most common problems ASD students have at school are the school's failure to recognize their ASD and failure to follow through with the promised accommodations.
School Failure to Recognize ASD
One of the most common issues that ASD children and their families deal with is their school's failure to recognize their disability. Although schools have a legal obligation to identify and assess children with disabilities, the truth is that many children who need special education services often don't get them.
This issue is particularly prevalent for students with intellectual disabilities like ASD. A child with paralysis of the lower extremities may be immediately identified as needing special accommodations because it's obvious. ASD can be less apparent, however, and it often takes parents or instructors spending time with a child to recognize signs of ASD. Once they do suspect that a child might be autistic, instructors or school staff are legally required by federal and state law to recommend the child for special education screening.
Requesting Special Education Screening in Pennsylvania Schools
As a parent, you may already be aware that your child has ASD; there may have been a diagnosis. In this situation, you can simply request that your child be screened for special education services at their school. If you aren't sure if your child has ASD but think they've started to show signs, you can speak with your child's teachers and your school's special education coordinators to get more information about referrals. After your child's initial evaluation, they must be reevaluated every two years to determine if they still meet the federal and state criteria for disability.
The Albert Gallatin Area School District in Uniontown, PA, for example, has a seven-step special education screening process. It involves a screening team discussing the student's performance, the student's teacher completing a packet of information about the student, parents giving permission to evaluate the child, a psychologist assessment, and a meeting of the school's IEP team.
If you're having difficulties getting your child screened for and accepted into special education services at their school, you should call the Education Law Team at LLF Law Firm. We help ASD students and their families deal with schools and educational institutions and fight for the accommodations they need to succeed in their academic careers.
School Failure to Provide Accommodations
Even if your child's school recognizes that they have ASD and that they are eligible for special education services, you might run into problems with implementation. Schools don't always live up to what's promised in the IEP—or they may drag their feet on creating an IEP in the first place.
Schools might be reluctant to provide the services your child needs because it takes time, energy, and money. The school may either not have the administrative resources to provide your child with the education they deserve or simply doesn't want to be inconvenienced. Staffing issues are another problem, with many schools lacking qualified special education professionals who can run the services and programs your child needs.
Students with autism may require behavioral counseling alongside their regular classes, or perhaps communication programs to help improve their interpersonal and social skills. Many schools likely don't have a specialist of this nature on staff and may have to contract external professionals to offer these services. Doing so can come at great expense to the school and may discourage administrators from offering the programs that are truly needed.
Lack of money or resources are not valid excuses for denying your child their legal right to special education services, however. Once the district evaluates your child and accepts that accommodations are needed to support their education, they must follow through on these accommodations. You can use your district's administrative procedures to complain about the school's lack of provision of services, or you can take the matter to the courts. LLF Law Firm's Education Law Team can help you file the appropriate complaint and ensure your child's school delivers the accommodations it promised.
Common Problems for ASD Students at Colleges and Universities
After students graduate from high school, they're no longer protected by the federal law IDEA. They are still protected by state laws and the federal Americans with Disabilities Act (ADA), however. College students have a right to have accommodations if they have a recognized disability. Students must request these accommodations on their own. Instructors and university staff won't necessarily seek ASD students out, as they have no legal obligation to do so.
Requesting Accommodations
One area where ASD students have problems at college is in requesting and receiving accommodations. Just like at the K-12 level, simply getting approved for disability accommodations can be one of the biggest hurdles. Colleges and universities each have their own procedures for requesting disability accommodations, and if you don't follow them to the letter, your request may be denied. Unfortunately, policies for requesting accommodations can be vague, unclear, or downright impossible to understand. Many schools also give broad authority to school officials to approve or deny requests—and these officials may not even be specialized in disability services. Often, there's no appeal procedure when you've been denied accommodations, either.
For example, the University of Pennsylvania requires students who wish to have special accommodations to register with the Weingarten Center, the Disability Services program on campus. They must also have proper documentation of their disability, including a diagnosis. The Weingarten Center requires students with ASD to provide all of the following documents:
- Specific diagnosis per the DSM-5 or ICD-10
- Comprehensive psychoeducation, psychodiagnostic, or neuropsychological exam
- Reference from an appropriate credentialed and licensed professional such as a clinical psychologist, neurodevelopmental physician, neurologist, neuropsychologist, or psychiatrist
- Information on the side effects of medication, if relevant
- Recommended accommodations, along with a rationale and justification
Gathering all of these documents, as well as making a list of all the accommodations you need, can take a great deal of time. Once you've submitted everything, it can take up to four weeks for the decision to come through. Even then, there's no guarantee that your request will be approved.
If you didn't discover until you reached college that you have ASD, you may find requesting accommodations an overwhelming experience. You've never had to deal with special education services before and probably don't have the administrative skills to deal with all the paperwork or negotiate with university officials if your request has been denied. If you find yourself in this situation, whether you were diagnosed with ASD early in life or not, you can seek the assistance of the Education Law Team at LLF Law Firm. We can help you petition the administration to ensure you get what you need to succeed academically at college.
Accommodations in Disciplinary Proceedings
It's not uncommon for students with disabilities to struggle academically at college, even when they do have the accommodations they need. Instructors who aren't aware of their disability or who are insensitive to the student's needs might misconstrue accommodations as a form of cheating or academic misconduct. Using an electronic note taker, online aids, extended time for assignments, and other similar accommodations might lead to unfair academic misconduct accusations—another hassle to deal with on top of the already overwhelming academic course load.
Other types of misconduct on campus can also be a problem. ASD students sometimes get accused of misconduct because they have trouble communicating with others in the way that neurotypical people expect. Many colleges have strict consent rules when it comes to sexual misconduct, going so far as to say that consent can be withdrawn nonverbally. For someone with ASD, picking up on nonverbal non-consent cues can be challenging, and can therefore lead to an unfair accusation. If you are charged with some kind of misconduct, you may be denied accommodations you need during the disciplinary procedures. Disciplinary proceedings might take place in unfamiliar settings with unfamiliar people, deny you the opportunity to take a break when you need one, or prevent you from having someone in the room to help you if you need it.
If you get accused of misconduct and your university isn't respecting your rights or making the disciplinary process impossible for you, you should contact LLF Law Firm. We won't let your university's insensitivity adversely affect the outcome of the disciplinary proceeding. We'll ensure your school respects and complies with your disability rights.
What's at Stake for ASD Students Who Don't Get the Accommodations They Need
Not getting the accommodations you need for ASD can have a significant impact on your education. You or your child can easily fall behind in class, not only halting their academic progress but also curbing their social interactions. For ASD students, developing communication and interpersonal skills at school is crucial for adjusting to adult life. It's at school where you learn how to interact with the world and people around you. If you don't have the services or accommodations you need to keep up and develop these vital social skills, it can have a damaging impact on your future.
There are other long-term effects besides lack of academic or social development. If your grades are low, it can mean an inability to gain admission or scholarships to a college, university, or graduate school. Being put on academic probation or being dismissed because of grades can keep you from obtaining internships or employment. Teachers and instructors may not agree to provide references or letters of recommendation for students who have been on academic probation.
For ASD students whose disability goes unrecognized, it could mean getting in trouble and being punished for things they wouldn't otherwise be punished for. Your student is at risk of getting detentions, suspensions, or even expulsions due to behavioral issues because the school hasn't recognized your child's need for accommodations.
The LLF Law Firm Education Law Team Can Help
Our Education Law Team represents students with disabilities and their families nationwide, from elementary school up to graduate school. We understand the importance of getting accommodations for ASD at school, and we're ready to help you and your family fight for those accommodations. Whether it's negotiating with school officials for counseling services or helping you prepare a defense in a college disciplinary proceeding, we'll stand by your side every step of the way. Our team will advocate aggressively for your rights. We can attend every meeting you have with your school administrators and negotiate with them on your behalf. They have a legal obligation to follow federal and Pennsylvania special education laws and if they don't, they should be held to account.
If you feel that your special education rights are not being protected, call LLF Law Firm at 888-535-3686 today or submit your case information via our online form.
