Students in Nashville, Memphis, Knoxville, Chattanooga, and elsewhere in Tennessee can seek accommodations for Autism Spectrum Disorder (ASD). In 2020, Tennessee identified 2.8% of eight-year-olds as ASD. This percentage rises as children mature and enter high school and college. Some of the finest and most innovative programs at the college level are in Tennessee colleges, but most ASD students require some accommodation to be successful in school and later in college. The law governing accommodations is governed by both federal and Tennessee law.
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 that meet the needs of elementary and middle school students. The Lento Law Firm Student Defense Team also helps secure accommodations for older students, even if a student's disability has led to academic issues. Many college students fail to seek ASD accommodations until they face some academic failure, not realizing that it is not too late to begin 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 and Tennessee Disability Laws
Laws surrounding special education are largely federal, but Tennessee laws and regulations also govern special education in the state. 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.
In addition to special education laws, all schools, colleges, or universities must accommodate and not discriminate against a student with a disability under Section 504 or 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.” Since the passage of the ADA in 1991, it has been amended, and federal regulations, at 29 CFR §1630.2(j)(3)(iii), specifically list ASD as a disability. If your student has a diagnosis of ASD, their college or university will have an obligation to accommodate them and refrain from discrimination.
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.
The Tennessee Board of Education Rules, Chapter 0520-01-09, explicitly adopt the above federal regulation and further provide:
Eligibility for autism also includes students who have been diagnosed with an Autism Spectrum Disorder such as Autism, a Pervasive Developmental Disorder, or Asperger's Syndrome when the child's educational performance is adversely affected. Autism may exist concurrently with other areas of disability.
Standards for Eligibility for ASD Students for Special Education
Tennessee Adopts The Diagnostic Criteria for 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. These requirements are explicitly adopted by the Rules of the Tennessee State Board of Education, Chapter 0520-01-09-.03(1)(c).
Three Areas of Social Communication
Autism involves a persistent deficit in all three areas of social communication.
- Deficit in Social-Emotional Reciprocity.
The student will lack the ability to engage in back-and-forth information sharing and will have difficulty initiating conversation or other communication. This also measures the ability to respond when someone else initiates a conversation or interaction and the ability to convey the desire to interact.
- Deficits in Nonverbal Communication.
The student will have difficulty making eye contact, reading, conveying facial expressions, and using body language to communicate. This addresses how well a student's verbal and nonverbal communications match and are consistent.
- Deficits in Developing or Maintaining Relationships.
The student may have great difficulty developing relationships and making friends and may express little interest in peer relationships. The evaluator will observe the student at play and measure how well the student adjusts to social situations.
Restricted, Repetitive Patterns of Behavior, Interests, or Activities
A person with ASD must show at least two of these four:
- Stereotyped or repetitive movements or use of objects or speech.
The student might repeat hand gestures or other nonverbal gestures. They might repeat phrases or arrange personal items in a consistent, particular way.
- Resistance to change, insisting on rigid rules or rituals in speech or nonverbal behavior.
A person with ASD often has an extremely negative reaction to a failure to follow rules consistently or closely. They will also have difficulty with changes in routine or with flexible routines. The student may do the same things or eat the same foods daily.
- Fixation of Interests with a high degree of intensity and focus.
Individuals with ASD may fixate on an interest or subject matter and become " experts.” They may also be obsessed with a hobby, activity, or object.
- Either overreacts to sensory stimuli or is indifferent.
The student might show an unusual awareness of minor irritation or other stimuli that others fail to notice. They may be unusually sensitive to light, sound, or temperature. Conversely, a person with ASD may be indifferent to temperature extremes and unaware of stimuli.
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 – The student requires support.
A student at Level 1 will have some difficulty initiating social interaction with peers and others and will require some support. They may need help to live independently.
Level 2 – Student requires substantial support.
At level 2, a student will have great difficulty interacting with people and require therapy and assistance with social skills. A student at this level will have many repetitive behaviors and will need substantial support services.
Level 3 – Student requires very substantial support.
Communication is exceedingly difficult for a student at level 3. They will need a consistent routine and substantial support each day. A student at Level 3 will require 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 Tennessee, the issue of whether a student is entitled to special education is decided by the IEP team and evaluation.
Evaluation of Tennessee Student for ASD in IEP
The procedures for an Autism Evaluation in Tennessee will include the following:
- Parent Interviews to include a medical history.
- Observing the student in at least two settings.
- Information from the student's physician on health history and the possibility of other conditions.
- Evaluation of speech and communication skills, cognitive development, and social skills.
- An assessment of how Autism or ASD impacts the child's educational performance.
The following individuals must provide information or act as members of the IEP evaluation team when making an assessment of autism or ASD:
- The parent.
- The general education teacher.
- A licensed special education teacher.
- A licensed school psychologist or psychological examiner.
- A licensed physician.
- A speech or language specialist.
- Other professional personnel as needed.
Medicaid Waiver
Medicaid waiver programs in Tennessee allow disabled children under 21 to receive care in the home or community. The service offers families respite care, adaptive technology, equipment, and behavioral therapies. The program may have a waiting list, so any parent of a child seeking an ASD diagnosis should consider registering for the Medicaid Waiver program.
Autism Accommodations and Services Under Tennessee Law
In an IEP or 504 Plan, a student may be entitled to accommodations, specific instruction, or related services. Guidance is specific on TN Policy for Determining Accommodations but not exhaustive. The IEP or 504 Plan truly determines what accommodations are required.
Remember that an IEP will define what accommodations, modifications to classroom instruction, and related services are necessary. These things are defined as follows:
- Accommodations.
- changes to the typical classroom allow an ASD student to participate in the larger general class.
- Specially designed instruction.
- part of an IEP provides that a teacher must change the method of instruction on certain subject matters.
- Related services.
- “catch-all” term refers to all types of services that an ASD student might need. These might involve speech therapy, counseling, social skill training, other therapies, and transportation.
Autism Accommodations Under Tennessee Law
Tennessee's policy on ASD recognizes the following accommodation strategies.
- Presentation Accommodations.
- Large print.
- Human reader.
- Audio or talking materials.
- Response Accommodations.
- Human Scribe.
- Note-taking assistance.
- Recording device.
- Graphic organizers.
- Spellcheck.
- Grammar-checking.
- Taking notes on the test booklet.
- Timing and Scheduling Accommodations.
- Extended time.
- Frequent breaks.
- Dividing test into sessions.
- Setting Accommodations
- Testing in alternate locations.
- Noise-cancelling headphones.
- Study carrel testing.
- Different lighting.
The Tennessee policy asks the right questions when choosing an accommodation but largely limits discussion to testing issues and fairness. Other accommodations or modifications an autistic student might need:
- Flexible seating, including wobble chairs.
- Fidgets.
- Visual schedules.
- Consistent routines.
- Environmental adjustments.
- Tailored instruction.
- At home instruction.
- Technology integration, and lots of it.
Testing Accommodations in Tennessee
- Universal Test Conditions
This type of testing accommodation is available to all students, although sometimes at the discretion of the principal or test administrator.
- Familiar test administrator.
- Testing in small groups or one-on-one.
- Testing at separate locations.
- Placeholding.
- Magnifying device or technology.
- Noise buffers.
- Accessibility Features
These accommodations are available to students with an IEP or 504 Plan but do not necessarily need to be included in the plan.
- Highlighter tool.
- Color overlay.
- Masking tool.
- Noise-cancelling headphones or other text-to-speech technology.
- Student allowed to read the test aloud quietly.
- Accommodations
These are for students with an IEP or 504 Plan and should be addressed in the plan.
- Human scribe.
- Extended time for exam.
- Visual math (in place of scratch paper).
- Frequent breaks (“stop the clock” breaks, not scheduled for all students).
- Students read the test aloud in a separate location.
- Calculator, sometimes (lots of policy on this).
- Other unique accommodations, as the plan requires, as long as “the accommodation does not invalidate the assessment.” TCA 49-6-001.
What Tennessee teachers cannot do while testing:
- Coach the student.
- Edit answers or work.
- Give answer clues.
- Paraphrase content or restate the question, giving more information.
If the School Denies Your Accommodation Request
If the school finds your student ineligible for special education, the first step is to request an independent exam. Then, call the Lento Law Firm. You might wish to secure a 504 Plan, but your first step is to discuss the case with your attorney.
If the IEP team has found that your student is eligible for an IEP but denies the type of accommodation you have requested, you have the right to appeal. Contact the Lento Law Firm as quickly as possible, as you will lose the right to appeal fairly quickly if you take no action. Securing all the services that your student requires can be a frustrating process, but there are steps that make success more likely. Most importantly, keep cool, document everything, and find an experienced attorney. If your student gets all the accommodations, modifications, and services they need, their chances of success later are greatly enhanced. Don't hesitate to call and arrange a legal consultation with the Lento Law Firm.
College or University Accommodations
Many types of accommodations are appropriate at the college level, including:
- Academic accommodations.
- type of accommodation may involve requesting more time or the right to attend class online.
- Assistive technology.
- type of accommodation involves using software, hardware, or other technology to allow the student to participate more fully in the classroom.
- Housing or dining accommodations.
- student with ASD might request a quiet building, room, or a single room. They may also need kitchen access or provisions made for a support animal or personal attendant.
College-level accommodations often center around accommodations for testing and note-taking assistance. Testing accommodations are appropriate for the college or university level, and most colleges are receptive to this type of accommodation. Most universities will seek volunteers to take and upload available notes for other students who require note-taking assistance. The type of accommodation granted is governed by what is necessary for the particular student.
Accommodations for ASD at Vanderbilt University
The procedure for requesting accommodations varies from institution to institution in Tennessee. At Vanderbilt University, for example, students must notify Student Access Services (SAS) as soon as they are accepted and provide proof of diagnosis or status. SAS will allow the student access to the Commodore Access Portal to request academic and classroom accommodations and will assist the student in preparing accommodation letters. For Housing and Dining services accommodations, students must fill out request forms available on the SAS site.
Vanderbilt students can request all types of accommodations, including testing accommodations. They can also request assistive technology, such as software and hardware, note-taking apps, scribe pens, and text-to-voice. Vanderbilt has an Autism Resource Support Line where students and educators can find information about ASD.
First Center for Autism and Innovation
Tennessee boasts one of the most innovative engineering schools in the world for people with ASD/autism. The First at Vanderbilt brings engineers, business leaders, and neuroscience specialists together to study how to maximize the contributions and talent of those with ASD and other neurodivergent workers. The Center studies ASD with a perspective on how the strengths of those with ASD may enhance work and community overall. This provides a unique opportunity for those interested in studying neurodivergent workplace issues.
Tips for College Students with ASD
- When you decide where to attend college, research your options and learn about services offered to ASD students. You don't need to tell the school you are neurodivergent in your application, but you can if you wish. Once you have been accepted, contact your college disability services agency immediately and begin the registration process. No college or university can legally discriminate based on your ASD status.
- Be prepared to provide proof of your diagnosis of ASD repeatedly to several campus agencies. Get copies and make electronic copies of essential documents from your doctor and therapists. Let them know you are beginning college—they will want to help you succeed!
- Begin requesting accommodations with the campus disability services office as soon as you can. This process is typically done online through a portal and requires time and verification. Don't wait until the last minute.
- Request housing accommodations if you are required to (or you decide to) live on campus. You might wish to request a single room or a quiet room. You may also need to request accommodations for eating, parking, or other housing issues.
- Consider asking to attend class online when necessary to prevent sensory overload.
- Request note-taking accommodations if you need them. You might get a note-taking app or the right to record lectures. Some campuses will match you with another classmate who will receive a stipend to share notes.
- Request testing accommodations if you need them. If you need extra time, a quieter environment, or the ability and permission to read the test aloud (or have technology to do it), communicate with your professors and always ask for the necessary accommodations. If this is overwhelming, ask disability services for an advocate or someone to help.
- 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 or the Lento Law Firm. Sometimes, legal help is necessary, and it's okay to ask for it.
Academic Discipline and Disability
A neurodivergent university student will occasionally fail to ask for adequate accommodations. This can lead directly to sensory overload, emotional/social issues, and academic failure. These factors can snowball until a student may question whether university instruction is an option. No student should decide to give up on their degree or study until they have explored accommodations and modifications based on disability. Even if they are in serious academic or code of conduct trouble, every ASD student should consult an experienced education attorney. It's time to call the Lento Law Firm and get the accommodations and help you need to succeed. Maybe you need a fresh start with note-taking assistance, alternative testing, or other academic accommodations. Maybe you need a quiet space and housing or dining accommodations to stay on campus. Most ASD students can succeed if given the opportunity and flexibility the college must provide under federal law. The university is not doing you a favor—it's the law.
The Lento Law Firm Student Defense Team Can Help
Whether you are a parent or a student trying to get accommodations for ASD, the Lento Law Firm can help. We are experienced education attorneys who can fight for necessary accommodations and services for primary and secondary school students. We also represent all sorts of college undergraduates as they seek adequate accommodations to achieve success. If you or your child is facing discipline or failing to progress academically, the Lento Law Firm Student Defense Team can help you assert your rights to disability accommodation for your ASD. Call 888.535.3686 or provide your details online, and we will contact you.
