Disabilities present students with academic, behavioral, and social challenges, whether in K-12 school systems or at the collegiate level. As the prevalence of Autism Spectrum Disorder (Autism) rises, schools at all levels contend with educating those with neurodivergent needs among their peers. Situations vary by student, but each will have challenges benefiting from lectures, exams, collaborative work, and other academic pursuits, leaving them at risk of being unable to obtain a diploma or degree.
Living with Autism doesn't mean a student should struggle, however. Federal and state disability laws allot reasonable accommodations to help students surpass barriers to success in the academic and social environment. Yet, approaching the process alone is unwise, given the complexities inherent in gaining accommodations. You and your child need a team with experience navigating education regulations, negotiating with schools, and protecting student rights.
The Lento Law Firm Student Defense Team is well-known in New Hampshire and nationwide for its guidance and defense of students with Autism. We will ensure your child's primary or secondary school, college, or university acknowledges their challenges and what the law requires. Don't wait until your child begins to struggle amongst their peers or falls behind academically; call us now at 888-535-3686 or visit our confidential online consultation form, and we will contact you.
Understanding Autism in the Education Environment
The Centers for Disease Control and Prevention reported that in 2020, one out of every 36 children were identified with Autism, spanning all racial, ethnic, and socioeconomic groups. Based on the American Psychiatric Association's Diagnostic & Statistical Manual, Fifth Edition (DSM-5), Autism is a neurodevelopmental disorder encompassing a range of conditions characterized by challenges with social interaction, communication, and repetitive behaviors.
To meet the DSM-5's diagnostic criteria, a child must have persistent deficits in each of the following three areas of social communication and interaction:
- Social-emotional reciprocity, such as abnormal social approach or reduced sharing of interests or emotions
- Non-verbal communication behaviors, such as abnormalities in eye contact and body language or lack of understanding and use of gestures
- Developing, maintaining, and understanding relationships, such as difficulties adjusting behavior to suit various social contexts or absence of interest in peers
Furthermore, children diagnosed with Autism must display at least two of the four types of behavior as follows:
- Repetitive motor movements, like organizing objects or using idiosyncratic phrases
- Inflexible adherence to ritualized routines of verbal or non-verbal behavior, like distress over minor changes or eating the same food every day
- Restricted or fixated interests with abnormal intensity or focus, like strong attachments to unusual objects or circumscribed interests
- Excessive or stunted activity to sensory stimuli, like adverse responses to specific sounds or visual fascination with lights or movement
In the education environment, understanding Autism involves recognizing how these characteristics affect learning, behavior, and social dynamics within the school setting. Students with Autism often require modified approaches to address their unique learning styles. Fortunately, students with Autism have a vast support network of federal and state regulations to afford the program alterations.
Federal Regulations for Autism Accommodations
The federal government has created several key laws designed to provide equitable educational opportunities and specialized services for students with disabilities, including those with Autism. Among these are the following:
- Individuals with Disabilities Education Act (IDEA)
- Section 504 of the Rehabilitation Act (Section 504)
- Americans with Disabilities Act (ADA)
These regulations assist each student in fulfilling their right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The laws also provide for the development of individualized education plans (IEPs) that support the unique learning and developmental needs of students with Autism with reasonable accommodations.
Critically, each of these applies differently to students in K-12 education programs and those at institutions of higher education, as well as those that are public versus private. In relation to the success of students, the regulations give states the authority to create and oversee support systems at a more localized level.
State-Level Protections for New Hampshire Students with Autism
Within the New Hampshire Department of Education (NHDOE), the Bureau of Special Education Support is charged with providing oversight and implementing disability laws that guarantee FAPE for New Hampshire students with disabilities, including those with Autism. The Bureau is divided into three offices overseeing special education management, provider training, and student support, with the Office of Special Programs providing much of IEP facilitation and education accessibility.
The Guide to the New Hampshire Standards for the Education of Children with Disabilities is the source material that advises school districts on implementing special education programs and services, such as evaluation methods for Autism and available accommodations. Through IDEA, Child Find ensures that New Hampshire's local education agencies (LEAs) identify suspected disabilities in residents ages two and a half to 21. School staff, parents, LEA representatives, and others in community programs who provide services to children can make a written request for an evaluation if they suspect that a child may have a disability.
New Hampshire's sequence of the special education process commences as follows:
- Referral
- Evaluation
- Determination of eligibility
- IEP development
- Placement
- Ongoing IEP monitoring
- Annual reviews
The NHDOE allows each LEA to establish a process for referral and evaluation, but in general, it will describe specific concerns about the child and identify the child's current strengths and needs. Referrals can be reported to a child's teacher, the school's principal, special education staff, or LEA representatives. Once a LEA receives a referral, it must dispatch an IEP team to determine the following within 15 business days:
- Whether the concerns can be addressed with existing support services available to all children
- If additional information is required through evaluations.
- How to address additional concerns through an IEP or other program.
The IEP team can only move forward with consent from parents or guardians. Therefore, parents of the child suspected to have a disability will receive notice that their LEA or school district seek to evaluate the student.
Evaluation Process
If a LEA has reason to believe that a student has an undiagnosed disability, such as Autism, they will conduct a thorough evaluation. LEAs must provide notice to the parents describing any areas it seeks to evaluate in their child, including the testing sought. Each assessment gathers relevant functional, developmental, and academic information about the child, including that provided by parents or guardians.
Each procedure must be selected and administered "so as not to be discriminatory on a racial or cultural basis" and is provided in the child's native language or other form of communication. For instance, if your child communicates through sign language or braille, assessments must cater to those capabilities. Furthermore, assessments must be given "in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible." Therefore, a third-grade child cannot be assessed by any measure beyond their abilities at that age, grade level, and developmental ability.
Required screenings to determine eligibility under Autism protocols include the following:
- Academic Performance
- Adaptive Behavior
- Communication Skills
- General Health and Wellness
After the evaluation, a meeting is scheduled with the child and their parents to discuss the results. The IEP team must provide parents with copies of each evaluation and assessment report at least five days beforehand. The report must include, but is not limited to:
- The results of each evaluation procedure.
- A written summary of the findings of the procedures.
- The parent's rights of appeal.
- The parent's right to an independent evaluation.
New Hampshire Autism Registry
In response to concerns about an increase in diagnoses, in 2008, the state legislature approved a measure for the New Hampshire Department of Health and Human Services (DHHS) to establish an online Autism Registry. The DHHS initiative allows providers who diagnose new cases of Autism to register their findings to plan for future needs and to gain knowledge on efforts to increase early identification of Autism in young children.
Reporting is mandatory for "any physician, psychologist, or other licensed or certified health care provider who is qualified by training to make the diagnosis," based on DSM-5, which includes pediatricians, family physicians, psychiatrists, neurologists, licensed clinical psychologists, and social workers.
The Registry applies to all cases where a definitive diagnosis has been made. The following are not reported:
- Suspicion of Autism or provisional diagnoses
- Diagnoses made before November 1, 2008
- Students not living in New Hampshire at the time of diagnosis
Additionally, students with Autism are documented in the New Hampshire Special Education Information System (NHSEIS). The goal of NHSEIS is to digitize information related to the child's disability, including IEP provisions and accommodations.
Individualized Education Plans
IEPs are where all accommodations for students with Autism are codified and carried out in the educational environment. The IEP team, including parents, educators, and other relevant professionals, collaboratively develops and reviews the student's IEP to ensure it addresses their unique needs and goals.
Specific accommodations are tailored to each student's unique needs, so each student's plan will differ. Nevertheless, there are some common types that might be provided, such as the following:
Academic Accommodations
New Hampshire students may gain access to a series of physical aids or assistive programs that augment the learning process or modify the curriculum. These may include:
- Individualized classroom instructions
- Visual, tangible schedules with day-to-day student objectives and tasks
- Revised learning structures to provide flexibility
- Different timetables for course requirements
- Technological aids like computers or tablets for note-taking
- Alternative assessment methods, like oral exams instead of written
Environmental Accommodations
Students with Autism may benefit from changes in the classroom and broader school environment to minimize distractions and promote learning. These may include but are not limited to:
- Preferential seating arrangements
- Access to quiet spaces
- Approved use of noise-canceling headphones
- Specialized seating or desk options for comfort
- Employing consistent routines
- Advance notice of classroom changes or transitions
Social and Behavioral Accommodations
New Hampshire schools have a duty to assist students with disabilities in the classroom and also among the broader school community. While academic and classroom modifications will help students with Autism achieve graduation goals, schools provide assistance in the social sphere, too. These aid students with integrating into the student body and propel them following graduation, and can include:
- Therapy sessions
- Social skills training
- Peer mentoring programs
- Speech-language rehabilitation
- Transitional support and occupational training
Parents must remember that schools are only legally obligated to provide students with accommodations that are reasonable and not nearly the best for the student. Moreover, reasonable accommodations must not impose an undue burden on the school or LEA or fundamentally alter the nature of the educational program.
Because of the uncertainty your child may experience, it's essential to contact the Lento Law Firm Student Defense Team for assistance. Not only can we help students with Autism obtain accommodations in New Hampshire's public K-12 schools, we can guide you through the complex process related to private primary and secondary institutions.
New Hampshire Private and Non-Public K-12 Schools
New Hampshire's Office of Non-Public Schools oversees private, religious, alternative, and home-based educational programs. However, its role is primarily administrative, ensuring that the institutions under its purview meet comparable minimum health, safety, and operational standards as their public counterparts. It does not directly manage the educational content, teaching methods, or specific accommodations that individual schools provide to their students.
IDEA does not regulate private and other non-public schools, but that doesn't mean reasonable accommodations aren't available. If partial federal funding is received, Section 504 provides students with accommodations through a Section 504 Plan—a legislative precursor to the IEP. Nevertheless, private schools are mandated by the ADA to make certain guarantees, like the following:
- Non-Discrimination: Private schools, except completely religious institutions, may not discriminate against students with Autism and must provide equal access to their activities and curriculum.
- Reasonable Accommodations: Schools must make reasonable modifications in their policies and practices to afford students with Autism equal educational opportunities unless they fundamentally alter the nature of the program or result in an undue burden.
Title II and Title III of the ADA cover private elementary and secondary schools as places of public education and public accommodation. One aim of the ADA was to make educational programs more accessible. As it expanded over the years, it now includes more than only physical aids and accessibility provisions, such as the following:
- Alternative forms of testing and assessment
- Class schedule modification
- Specialized equipment
- Extra time allotted (between classes, taking tests, etc.)
- Audio or video recording devices
- Notetakers or student assistants
- Other special education needs on a case-by-case basis
While students with Autism may gain accommodations in New Hampshire's private K-12 schools, the institutions are not required to help develop and maintain IEPs, which provide more oversight than Section 504 plans. As well, there aren't wide-ranging options for transition planning out of non-public schools.
Transition Planning for Students with Autism
Under IDEA, transition planning must be included in all IEPs by the time the student reaches age 16 but typically begins at age 14 or earlier to promote a successful move to adulthood. While the ultimate responsibility for transition services resides with the school district or LEA, transition planning frequently includes coordination with outside agencies and providers.
Depending upon the student's individual needs and goals, this may include working with vocational centers, local housing agencies, and other specialized services. Yet, many students with Autism decide to attend a college or university, but there is a significant difference in how challenges in the academic and social environment are managed.
Upon graduation—or when the student reaches age 21—they are no longer protected by federal provisions through IDEA. However, as students move into postsecondary programs, there are still safeguards involving everything from discrimination protections to modifications in housing assignments.
How Do New Hampshire College and Universities Address Students with Autism?
In New Hampshire, colleges and universities must provide reasonable accommodations under the ADA and Section 504. However, even among colleges that accept federal funds, there are variations in the accommodations a student may receive. A majority are carried out under Section 504 laws, but all are subject to the discretion of an institution's accessibility office or disabilities official.
While the specific accommodations may vary depending on the individual needs of the student, they can include academic and non-academic supports, such as the following:
- Extended time for assignments and exams
- Easy access to resources
- Note-taking assistance
- Communication or sensory aids and services
- Service or emotional support animals
School staff must make necessary modifications to the academic requirements of a course if they have a discriminatory impact on a student with a disability, such as Autism. However, they do not have to alter them if they are essential to the course or if the changes would fundamentally alter the program. The flexibility of each institution to provide program modifications will depend on a myriad of factors, like funding, staffing, and resources available geared toward students with disabilities.
When moving from secondary to postsecondary education, there are further limits to accommodations. In primary and secondary schools, LEAs must provide students with disabilities "services and aids of a personal nature," such as washing, dressing, and other personal care activities. Under ADA's Title II, such provisions do not apply to postsecondary schools. Moreover, colleges and universities are not required to provide personal services relating to certain individual academic activities. For instance, readers may be provided for classroom use, but institutions are not required to provide readers for personal use or for help during individual study time.
Both Section 504 and the ADA require postsecondary institutions to have a grievance procedure for students to appeal decisions about disability-related accommodations or issues. A significant challenge is that students have the burden of communicating with their college's disability services office to discuss their specific needs and develop an accommodation plan. When confronted with some of the biggest hurdles in their academic career, students with Autism need a clear advocate for their success.
How Can the Lento Law Firm Student Defense Team Help You?
Despite state and federal programs guaranteeing FAPE for New Hampshire's primary and secondary school students and regulations providing accommodations at the collegiate level, there are many challenges students with Autism face. Therefore, parents need to take an active role in advocating for their child's needs and retain a team with the experience needed to resolve issues with Autism accommodations.
The Lento Law Firm Student Defense Team will be your child's support when the following situations arise:
- Public K-12 schools that refuse accommodations because of staffing issues or a lack of training.
- Private primary and secondary schools may force parents to bear the financial responsibility for accommodations.
- Public college and university instructors refusing to implement classroom changes.
- Private institutions of higher education harboring a lack of willingness to accommodate students with Autism.
While New Hampshire established the Office of the Advocate for Special Education (ASE) to support parents of children with disabilities in their journey towards gaining accommodations in public K-12 programs, don't act too quickly to acquiesce to the state's counsel. The ASE manages numerous cases at a time, and you don't want your child to struggle in school while waiting for the state to act. Let us protect your child's needs and have our team attend IEP meetings, advocate for changes in services, and guide you through dispute resolution.
At the collegiate level, institutions may boast well-funded accessibility offices and a willingness to help students alter their scope of campus life. But since oversight can't be guaranteed, your child needs an avenue of immediate relief.
The Lento Law Firm Student Defense Team stands prepared to defend students with Autism and ensure they have what they need to graduate with a diploma or degree. Our firm is well-known throughout New Hampshire and has assisted students and families in the following areas:
- Concord
- Manchester
- Nashua
- Portsmouth
- Keene
- Laconia
- Dover
- Rochester
- Lebanon
- Claremont
- Hanover
- Berlin
- Somersworth
- Franklin
- Hancock
Wherever your student is enrolled in New Hampshire, we're ready to help you request every accommodation they need. To get started, call the Lento Law Firm Student Defense Team at 888-535-3686 now or fill out our confidential online consultation form, and we will get back to you.
