If you’re the parent of a child who has a communication disorder that affects their ability to learn in a school setting, you want the best for your child. You count on their school to provide the accommodations and learning assistance that federal and state law requires. When the school fails to live up to these obligations, the result can be devastating for your child, both in terms of their current progress in school and for their future success in life. The LLF National Law Firm Education Law Team understands your concerns. Our experienced attorneys know what your child’s school is required to do under federal and state law to address their communications disorder and can help you protect your child’s right to get the education they deserve. Call us today at 888.535.3686 or schedule a consultation with one of our experienced education law attorneys to learn more about how we can help.
What is a Communication Disorder?
A communication disorder is any kind of speech or language processing disorder that interferes with your child’s ability to speak, write, understand, or participate in verbal or nonverbal communication with others. The federal Individuals with Disabilities Education Act (IDEA) refers to it as “speech or language impairment,” and cites as examples “stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.”
There are a number of specific conditions that can fall under the category of communication disorder. According to the American Speech-Language-Hearing Association, any of the following diagnosed conditions can interfere with a child’s ability to learn:
- Childhood Apraxia of Speech
- Autism Spectrum Disorder
- Fluency Disorder (including Stuttering and Cluttering)
- Selective Mutism
- Social Communications Disorder
- Speech Sound Disorders
- Spoken Language Disorders
- Written Language Disorders
In addition, other medical conditions can cause a student to have difficulties communicating. These include cerebral palsy or other neurological disorders, brain injuries, cleft lip or palate, and deafness or hearing loss.
The key questions that are asked about a student when it comes to the IDEA are whether the student has a disability (such as a communication disorder) and whether, because of that disability, the student needs special education and related services.
A Communication Disorder Can Have a Severe Impact on a Student’s Education
Students who face challenges with communication in school often fall behind their peers in the classroom. Whether it’s because they have difficulty hearing what’s being taught, participating in class discussion, expressing themselves verbally or in writing, or some other problem that interferes with their learning, students who have a communication disorder can often benefit from special education services.
The challenges will be different depending on the type of communication disorder the student has. If their disorder is language-based, the student may have problems understanding what others are saying or may have difficulties making themselves understood by others. They may have a reduced vocabulary compared with their peers and might have difficulty forming complete or understandable sentences. In some cases, they may struggle with understanding and using proper grammar. These types of language-based disabilities are common in children who have hearing loss, intellectual disabilities, certain neurological conditions, developmental delays, or motor dysfunction.
A student who has a speech sound disorder will have problems making certain sounds. The problem can manifest itself in a number of ways; the student might leave sounds out or change or distort sounds when speaking. Sometimes, the student will substitute one sound for another when speaking. Speech sound disorders often interfere with a child’s ability to read, write, spell, and learn.
If a student has problems with articulation, they will physically struggle with making certain specific sounds. Sometimes, this is a result of a problem with the student’s vocal organs, while in other cases, it might relate to a motor function issue. Students with articulation issues may distort certain sounds, such as using “th” in place of “s.” In other cases they may substitute one letter for another, such as using “w” instead of “r.” Sometimes they will omit letters or sounds entirely or will add sounds to their words.
Phonological communication disorders affect people at the mental level. The student may have problems with organizing the sounds that they hear and understanding what is said to them or understanding speech rules or patterns. Here, too, the child may substitute sounds when speaking, for example, using the “d” sound in place of “g” and turning the word “go” into “doe.”
Fluency disorders often manifest themselves by stuttering. This can affect the child’s ability to speak in a group setting, interfering with their ability to participate in and benefit from class discussions and group learning. Similarly, a child with a social communication disorder may not understand how to effectively and properly communicate with others or may not appreciate or understand conversational nuances or subtleties. As a result, the child may not participate well in conversations or may have problems understanding or reacting to what’s said by others.
When a communication disorder interferes with a student’s ability to learn, it can quickly leave them struggling to keep up with their fellow students and, if not addressed, can end up affecting their mental health as well. They may find themselves ignored or ostracized by other students. Their grades can suffer, and performing poorly in school can cause them to feel inadequate.
That’s why if you believe your child has a communication disorder that entitles them to disability accommodations at school or special education services, it’s important to notify the school as soon as possible so that your child can be evaluated to determine whether they have a disability that interferes with their ability to learn, and what steps the school should take to address that.
Of course, not all communication disorders affect a child’s ability to learn to the point where the child is entitled to disability accommodations or special education services. However, this decision needs to be based on the results of an evaluation conducted by the school that meets the requirements of federal and state law. If your child’s school is refusing to conduct a full evaluation of your child, the LLF National Law Firm Education Law Team can contact the school on behalf of you and your child to inform them of their obligation under federal and state law to do so.
Students With Communication Disorders Have Disability Rights and May Be Entitled to Disability Accommodations
In many cases, students who have communication disorders may be entitled to disability benefits under federal and state law. The main laws that provide rights to benefits for students with disabilities are the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (commonly known as IDEA), and Section 504 of the Rehabilitation Act of 1973.
These laws provide different rights to students who have disabilities. Each defines disability in a slightly different way, but in general, the term “disability” is used to refer to a “physical or mental impairment” that substantially limits the person’s “major life activities.” Where children are concerned, IDEA uses the term “child with a disability” to mean a child who has one or more of a number of “health impairments” or “specific learning disabilities” that cause the child to need “special education and related services.”
The different laws provide different benefits depending on the type of disability, the effect it has on the child’s ability to learn, and the age of the child. For example, a child may be entitled to certain accommodations from their school to help them overcome a disability that interferes with their ability to learn. But if those accommodations are enough to help the child overcome their disability, the school may not be required to provide the child with other special education benefits.
The age of the student also matters. Generally speaking, students in grades K-12 can benefit from the IDEA and Section 504 laws, while those in college are usually limited to the rights provided by the ADA.
What’s important to understand if your child has not already been evaluated by their school for a disability is that you often need to be the one to take the initiative with the school and ask them for an evaluation if you believe your child may have a communication disorder that is affecting their ability to learn. Schools should have procedures in place once a parent has requested an evaluation, but these will vary from one school to another or from one district to another.
If you have questions about what your rights are as a parent of a child who may have a communication disability, contact the LLF National Law Firm Education Law Team to discuss your situation and learn how our experienced attorneys can help you understand and protect your child’s rights to disability accommodations and special education benefits.
There are a wide range of benefits that a student with a communication disorder disability may be entitled to receive from their school.
Students With Communication Disorders May Be Entitled to an IEP
An Individualized Education Plan, or IEP, is a personalized education program that is designed specifically for a student and, in the case of a student who has a communication disorder, provides the student with specific types of learning accommodations and other benefits designed to help the student learn and, where appropriate, overcome their particular communication disorder. The IEP is created by a team that includes the student’s parents, special education teachers, general education teachers, and school administrators. The IEP will typically identify goals for the student’s education progress and will be updated at least once a year and sometimes more often.
Because each IEP is created based on the needs and capabilities of the particular student, the types of accommodations and support provided will vary. For example, if a student has difficulty verbally responding to questions but is able to do so in writing, the IEP may state that the student’s exams should all be in writing. Or if the student needs additional time to process and compose written responses to questions, the IEP might require the student to be given additional time to complete tests.
Private schools are not required to provide their students with IEPs. The requirement also does not apply once the student graduates high school. While a college may refer to an incoming freshman’s last IEP to help the student with accommodations required under the ADA, it will not be required to implement an IEP for the student.
Students With Communication Disorders Are Entitled to a FAPE
Section 504 of the Rehabilitation Act of 1973 requires students with disabilities to receive the same public education as all other students. You may have heard the phrase “free appropriate public education” or FAPE. This refers to the types of educational benefits that students with disabilities are entitled to receive under the law. They include, wherever possible, educating special needs students with the general student population instead of segregating the special needs students in separate classrooms or other facilities. (The term “mainstreaming” is often used to describe this goal.)
At the same time, Section 504 recognizes that there may be times when students with disabilities will particularly benefit from special education services that take place away from the general classroom setting. While it can be difficult to strike a balance between mainstreaming and providing special education services to students with disabilities, schools are expected to educate these students in the “least restrictive environment” – meaning together with the general school population to the maximum extent possible.
Here, too, what one student’s FAPE may look like can be quite different from what another student’s FAPE looks like. Because the goal is to address each student’s particular special education needs, it’s important to make sure that the school is properly addressing the needs your child’s communication disorder has created when determining what a FAPE means for your student.
College Students With Communication Disorders May Be Entitled to Reasonable Accommodations
Under the ADA, colleges and universities must provide “reasonable accommodations” to students who have disabilities. Before a school can be required to do so, however, they need to know that the student has a specific disability, such as a communication disorder, that can benefit from one or more specific accommodations.
It’s not uncommon for incoming students to provide their college or university with their IEP from their senior year of high school to help the school understand what the student’s disability is and how that was accommodated in high school. The IEP can provide important and useful guidance for the school when determining what types of accommodations the college can provide.
Here too, for example, the school may provide a student with a communication disorder with additional time to complete exams or may work with a particular professor to substitute a written response to an assignment that otherwise requires a verbal presentation.
What to Do If a School Fails to Accommodate a Student’s Communication Disorder
Not all schools are equally willing to evaluate a student whose parents believe they may have a communication disorder or, after an evaluation, provide the student with accommodations or an IEP. However, because the standards that schools must follow don’t change from one school to another, it is possible to take steps to force your child’s school to meet their legal requirements to evaluate and accommodate students with disabilities, including communication disorders.
Working with an experienced attorney from the LLF National Law Firm Education Law Team can help. We can quickly and effectively explain to school administrators what their obligations are under federal and state law and, frequently, the rules and regulations of the school district. We can then work with the school to make sure they properly and effectively evaluate your child and develop and implement the appropriate accommodations to help your child achieve the education they’re entitled to.
The LLF National Law Firm Education Law Team Can Help Students With Communication Disorders Get the Accommodations They Need and the Education They Deserve
The LLF National Law Firm Education Law Team understands how important your child’s education is to you. We also understand the challenges that both you and your child face if your child has a communication disability. We are here to help make sure that your child’s school meets its obligations under federal and state law to provide your child with a free and appropriate public education. In cases where your child will benefit from an IEP, we can help make sure that the school properly creates the IEP and actually follows the plan throughout the school year.
If you encounter problems with having your child evaluated for a disability; if you disagree with the outcome of the evaluation and want to take advantage of your right to request another one; or if the school is not properly using the IEP to educate your child; or if you encounter any other obstacles to your child’s education, contact us. The LLF National Law Firm Education Law Team is here to help you and your child make sure they have the best chance to receive the education they’re entitled to under the law.
Call the LLF National Law Firm Education Law Team today at 888.535.3686 or schedule a confidential consultation with one of our experienced attorneys to learn more about how we can help.