Autism Spectrum Disorder is a neurodivergent disorder that can manifest in a variety of ways and different levels of severity. This means that there's no one method or program to help support individuals with autism in school.
The number of children diagnosed with autism has increased over the past twenty years. As of 2020, approximately 1 in 36 children have a diagnosis of autism, with boys being four times more likely to be diagnosed than girls.
Scientists and researchers are still learning about autism, from its causes to the best options for supporting those with autism. The importance of early intervention and how autism affects different parts of the brain in boys and girls are just two of the areas that show how our understanding and knowledge of autism is evolving.
That there's still so much unknown about autism can be a challenge for students and their families when navigating support and accommodations in schools. Schools may rely on outdated information or assessments. Schools may provide services sufficient to satisfy their legal obligations, but which fall short of supporting students.
Although students with autism lag in graduation rates and college attendance, they're also more likely to be intellectually gifted. What support a student requires with autism depends on the individual, and any school that uses generic accommodations sets students with autism up for struggles. Some students may spend the majority of their day in general education classrooms. Others may require more intensive, personalized support and assistance.
Even if two students with autism have similar characteristics and severity, they may require drastically different support. Or a school may decline to assess a student because the student doesn't display the “traditional” characteristics of autism.
The Education Law Team at the Lento Law Firm can help students and families whenever a disagreement with a school arises. Whether that's a school's refusal to assess a student or failing to provide effective accommodations, no student should be forced to accept a school's decision. Effective accommodations and support can be the difference between success or failure in not only school but also in their lives and careers.
We work with students and families nationwide and in all education levels to protect their right to an education. Call us at 888-535-3686 or fill out an online form.
How Does Virginia Define Autism?
In the context of education, Virginia defines autism as a developmental disability that significantly affects:
- Communication, both verbal and nonverbal
- Social interaction
- Educational performance
- Autism manifests in characteristics such as:
- Repetitive activities
- Stereotyped movements
- Resistance to change in environment or daily routines
- Unusual response to sensory experiences, e.g., a dislike of certain textures of food
Virginia won't consider an autism diagnosis if the primary reason for a child's difficulties in school is due to emotional disturbances.
To qualify for special education services, a student's disability must adversely affect a child's education. Even if a child already has a medical diagnosis of autism, they will still need to undergo assessment to be eligible for special education services.
Autism Eligibility in Virginia
As part of its Regulations Governing Special Education Programs for Children with Disabilities in Virginia, the state includes the eligibility criteria for each disability. These criteria may differ from medical assessments.
In Virginia, a child who has autism is eligible for special education services when:
- A child's documented characteristics of autism adversely affect their education
- A child has a Pervasive Developmental Disorder (AKA autism spectrum disorder), such as Autistic Disorder, Asperger's Disorder, Rhett's Disorder, Childhood Disintegrative Disorder, Pervasive Developmental Disorder, and Atypical Autism as indicated in diagnostic references.
Virginia goes on to define the characteristics of Asperger's, autism, and Pervasive Developmental Disorders. Ideally, schools should provide parents with these definitions. Parents should also inquire about how a school evaluates a student beyond traditional or common characteristics.
Virginia lists the characteristics of Asperger's Disorder as:
- Impaired social interaction, e.g., marked impairment in nonverbal cues
- Failure to develop peer relationships appropriate to a child's development level
- Lack of spontaneous seeking of sharing enjoyment, interests, or achievements with others
- Lack of social or emotional reciprocity
- Repetitive, stereotyped patterns in behavior, interests, or activities, e.g., an all-encompassing interest in one topic
- Rigid adherence to specific routines or rituals
Virginia lists the characteristics of autism as the behaviors listed above and:
- Impairments in communication
- Delay or total lack of language skill development (without attempting to communicate via alternative modes)
- For those who are verbal, inability to start or maintain a conversation with others
- Stereotyped and repetitive use of language or idiosyncratic language
- Lack of spontaneous make-believe play appropriate to a child's developmental level
Pervasive Developmental Disorder is the category for students who display some but not all of the characteristics of Asperger's and/or autism.
One challenge for families is if their child doesn't manifest the “traditional” characteristics of autism. This can result in students with autism being denied needed services and support. Or students may qualify for support but at a level different than what they require.
As research has shown, autism can manifest in ways beyond the expected characteristics. At least one group of students has missed out on needed help because of rigid views of how autism manifests.
Autism and the Gender Gap
Boys and girls manifest autism differently. Research indicates that autism affects different areas of the brain in girls and boys and that the genetic contributors to autism also vary between girls and boys. The result is different manifestations of the disorder and identifying characteristics.
Instead of traditional characteristics of autism, such as flapping hands, girls may twirl their hair. Girls tend to be better at masking the disorder and may be more empathetic. They're also more likely to suffer from anxiety and depression.
UVA's Autism Center of Excellence is home to one of the biggest studies on girls and autism. While the center's research does indicate that boys are more likely to have and be diagnosed with autism, girls are currently less likely to be diagnosed because they don't exhibit the traditional characteristics.
Currently, one girl is diagnosed with autism for every four boys. Even if assessments do expand to include a more flexible understanding of the characteristics of autism, boys are still more likely to be diagnosed.
Because boys and men are much more likely to be diagnosed with autism, most research has focused on how autism manifests in men. The recent research into girls and autism indicates that traditional assessments need adjustment to better incorporate characteristics of autism in girls.
The result of assessments that focus on characteristics of autism in boys is that girls may be diagnosed later in life, if at all. A delay in diagnosis can lead to little-to-not early intervention services, which are crucial for individuals with autism.
The gender differences with autism underscore the importance of individualized assessments. Scientists and researchers are still learning about autism, and current assessments may not be sufficient for you or your student.
Sufficient Assessments
That a school district requests additional assessments, even when your child has a medical diagnosis, is allowed. It's if a school uses arbitrary eligibility criteria or subjects your child to additional, needless assessments than other students who have a similar disability that a problem might emerge.
Assessments should be tailored to the individual student, which means that some students will undergo more evaluation than other students. This isn't necessarily bad as it can potentially give more information on your child's disability and result in a more comprehensive Individualized Education Plan (IEP).
The Individuals with Disabilities Education Act (IDEA) requires that all assessments be sufficiently comprehensive. This means that an assessment identifies all of a student's special education and related services needs, even if not commonly linked to the child's disability.
Virginia also highlights that an assessment should use a variety of tools and strategies. No single measure or assessment should be the sole factor when determining whether a child has a disability and what would be an appropriate educational program.
If a school is refusing to assess a student or providing insufficient assessments, the Education Law Team at the Lento Law Firm can help.
Later Assessments
While the majority of autism assessments occur before the age of three, Virginia's definition of autism highlights that children and teenagers may be diagnosed at a later age. A school shouldn't decline to assess a student because they're older.
Even adults may be diagnosed with autism. As scientists and doctors learn more about the disorder, an increased number of adults are receiving late-in-life diagnoses. This includes college and graduate students.
One of the challenges for post-high school assessments is that IDEA and its requirement for free assessment no longer applies. Colleges and universities will accept documentation but generally don't perform assessments.
Virginia Tech allows students to submit a statement about their disability to request accommodations but can request third-party documentation. The university provides guidelines for documentation for specific disabilities, although autism isn't a dedicated category.
Early Intervention
For children with autism, early intervention is crucial. The majority of children display signs of autism before their third birthday. One reason why early intervention is so important is that children's brains are still developing, and therapy and support can have a bigger impact.
IDEA, which governs the rights of K-12 students with disabilities, also requires school districts to locate and assess babies and toddlers with disabilities. For eligible children, schools and other local agencies must provide disability and special education support and services.
The early intervention program for Richmond Public Schools assists children who are between two and five years of age. The goal of this program is to prepare students for kindergarten.
Some early intervention programs might be run by a county or in a partnership between a county and a school district. The City of Chesapeake has an agency, the Chesapeake Infant Intervention Program, that works with babies and toddlers from birth to age three.
Chesapeake's services include:
- Developmental assessments
- Medical consultations
- Occupational therapy
- Physical therapy
- Speech-language pathology
- Supportive services
- Vision services
K-12 Students with Autism
To qualify for special education services, students must be eligible under IDEA. Students who qualify under IDEA will receive an IEP. An IEP is a written document that lists all of the services and support a student requires.
IEPs aren't static documents. Schools should schedule an annual meeting to discuss any needed changes. Parents can request a meeting at any point during the school year if they believe the IEP is no longer effective or if they have concerns about the IEP being implemented.
Schools must provide students with reasonable accommodations, all of which must be provided at no cost to families. Neither IDEA nor the Virginia laws require schools to provide specific services. Schools can provide drastically different services and support and both fall within the law.
Families may not have a choice as to which school their child attends. When moving into or within an area, parents should try to meet with school staff to learn more about the school's services before enrolling their child.
Arlington Public Schools has a dedicated Autism Services program within its Special Education Department. Recognizing how support and services can shift as students grow and mature, this program is divided into pre-K, elementary, and secondary.
The school districts of Chesapeake, Franklin City, Isle of Wight, Norfolk, Portsmouth, Southampton, Suffolk, and Virginia Beach all participate in the Southeastern Cooperative Educational Programs (SECEP). SECEP's programs include the Autism Spectrum Program (ASP).
The comprehensive, self-contained classroom works with students who are moderate to severe on the autism spectrum. Parent involvement is a key part of the program, which views parents as parents and active participants in their child's education.
Transition Services
A dislike of change and a preference for adhering to the same routine is one of the more common characteristics of autism. This can make normally stressful transitions, such as switching schools or graduating from high school, into especially difficult times for individuals with autism.
The Virginia Department of Education has resources to assist students with the postsecondary transition, and all IEPs should include a transition plan. Virginia differs from IDEA in that all students are required to have a transition plan by age 14 rather than by age 16. This earlier age ensures most students have a transition plan in place by the time they begin high school or during their first year.
One reason Virginia has a younger age for transition plans is to ensure that students are taking the necessary classes and fulfilling the requirements that will put them on track to graduate from high school. For students who plan on attending college, this younger age for a transition plan is useful because it allows an IEP team to incorporate a student's postsecondary education plans into the IEP.
Virginia recommends that families should discuss a student's postsecondary goals as part of transition planning. Transition plans should also evolve as a student matures. Some considerations for a transition plan:
- Does a student plan to attend college or enter the workforce after graduation?
- What training or education a student will require in high school or after high school?
- What independent living skills does a student need to acquire?
Transition services or activities might include:
- Instruction or training
- Community experience
- Employment experience
- Daily living skills
The Division of Rehabilitative Services provides several programs to help students with disabilities transition into adult life. Project SEARCH is a statewide program that provides employment training during a student's senior year in high school.
Many school districts have some type of transition program or other resources. Fairfax County Public Schools have a Transition Resource Guide.
In the Student Transitioning Employment Program (STEP), students who are 16 or older participate in a modified curriculum while completing unpaid job experience. Roanoke County Public Schools and Fairfax County Public Schools both have STEP programs.
Colleges and Universities
Students with autism are less likely to attend college. While approximately 60 percent of all high school graduates go to college, less than 35 percent of students with autism pursue a college degree.
Research shows that college and graduate students with autism benefit from access to disability-related resources. Despite the advantage of informing their college or university of their disability, only 1 in 4 students with autism notify their school.
Students may decide not to disclose their disability for fear of being viewed differently or falling into stereotypes that autism means someone can't succeed in school or is stupid. This is one reason why considering the overall campus community is important for students with autism when choosing a college.
Disclosing a disability and requesting accommodations may not be enough. Some college students with autism have said that federal and state laws require the bare minimum, which may not be enough to help students with autism and other disabilities navigate their education.
Self-Advocates
Beginning in undergraduate and continuing through graduate school, one of the challenges for individuals with autism is that they become self-advocates. Schools no longer have an affirmative duty to seek out students with disabilities. Rather, school disability offices expect students to make the initial contact about seeking out services and support.
Colleges and universities, under Section 504 of the Rehabilitation Actand the Americans with Disabilities Act, must provide support to students with disabilities and prohibit discrimination. Schools are given significant latitude in how they operate their disability services offices. Schools no longer have to provide students with an IEP, and schools establish their procedures for disability services eligibility.
Applying for Disability Services
Whether public or private, each college or university establishes its guidelines for applying for disability accommodations. Many follow a similar process, and the University of Virginia's application procedure offers a good example of what students with autism can expect.
UVA's process of requesting disability services:
- Fill out and submit the application
- Submit relevant documents
- Wait for the initial application review
- Attend an appointment
- Discuss accommodations
- Request accommodations
Before enrolling, students should ask about how often they need to meet to revise accommodations. Some schools require a student to renew their application every semester or quarter.
Campus Support
For students with autism, succeeding in college often requires more than accommodations through disability services. The campus community and environment can have an impact as well. Knowing how the campus community views differences and how a school supports different learning styles and diverse backgrounds and experiences can be just as important as what disability services a school offers.
The College of William and Mary's Neurodivergent Initiative focuses on supporting, understanding, and appreciatingbrain differences. This includes autism.
The program focuses first on the William and Mary campus and community. The goal is to also serve as a model for other campuses in implementing programs and support for the diversity of brain neurologies.
Fee-Based Autism Support
Unlike K-12 public schools, colleges and universities don't have to provide all support and accommodations free of charge to students. Beyond providing legally required support, schools may offer additional support and services for a fee.
George Mason University's Mason Autism Support Initiative (MASI) is a fee-based program that provides additional support services. While the program does have scholarships available, for other students in this program, participation means a higher total cost in tuition and fees.
Every Student Deserves to Succeed
That a student has autism doesn't automatically mean they're less deserving of an education or less capable of academic success. What it does mean is that a student may learn differently or need support and services to reach their academic potential. Students shouldn't be penalized because they don't thrive in a one-size-fits-all curriculum.
Whether a toddler is just beginning preschool or a graduate student is embarking on a Ph.D program, students with autism not only have a right to an education free of discrimination, but they also have the right to the services and accommodations they require to get the most out of their education.
The Education Law Team at the Lento Law Firm works with students and families nationwide to ensure that no one is punished for having autism. We focus on collaborative solutions that keep a student's education, goals, and future front and center. Call us at 888-535-3686 or fill out an online form.
