In America, an estimated 10 percent of families have a family member who lives with an intellectual disability (ID)—totaling approximately 7-8 million people. Intellectual disabilities are categorized as mild, moderate, severe, and profound, depending on the IQ level and the lack of cognitive function. Yet, even a child with a mild ID can struggle academically, causing a significant amount of stress, anxiety, and frustration. Without proper accommodations made by the school, students suffering from ID are highly unlikely to succeed in school at any level, limiting their future prospects even more than the disability itself.
While children with intellectual disabilities may not experience the same kind of life as average adults when they grow older, many can still grow up to have rewarding, fulfilling lives with the right type of education. Federal law requires that K-12 schools, colleges, and universities provide accommodations for students with disabilities, including those with ID. However, these accommodations are often not provided automatically, and parents may have to jump through many bureaucratic hoops to help their children get the educational accommodations they need. Indeed, students with mild IDs may even have difficulty convincing the school that they qualify for special education. If a school fails to provide accommodations, it results in a less-than-optimal educational experience and, in the worst-case scenario, may hurt the student's future prospects. Sadly, many parents and students are unaware that their student's rights are being breached. This is when a competent education attorney becomes essential.
If your child struggles with an intellectual disability, the Lento Law Firm's Education Law Team is here to ensure your student secures all the legal accommodations they're entitled to. We have a wealth of experience advocating for students with disabilities nationwide and ensuring their schools provide them with equal educational opportunities. For assistance, contact the Lento Law Firm at 888-535-3686 or complete our confidential online form.
What Is Intellectual Disability?
Intellectual Disability (ID, formerly referred to as mental retardation) is a term used to describe a condition characterized by significant limitations in both cognitive functioning and adaptive behavior, which covers many everyday social and practical skills. This disability originates before the age of 22 and affects an individual's ability to learn, communicate, and perform daily activities independently. Common causes of intellectual disability include genetic conditions (e.g., Down syndrome, Fragile X syndrome), complications during pregnancy or birth (e.g., exposure to alcohol or drugs in utero, lack of oxygen during birth), traumatic brain injuries, and certain infectious diseases (e.g., measles, meningitis). Environmental factors and early childhood malnutrition or exposure to toxic substances can also play a role.
The identification of intellectual disability in individuals involves a comprehensive assessment that looks at cognitive abilities, including IQ testing and adaptive behaviors, which are the skills needed for daily life. These behaviors are divided into three categories:
- Conceptual skills (language, reading, writing, math);
- Social skills (empathy, social judgment, ability to make and retain friendships, interpersonal communication skills) and
- Practical skills (personal care, job responsibilities, managing money, navigating transportation).
A diagnosis of ID typically requires an IQ score approximately two standard deviations below the mean, adjusted for the individual's age, alongside evidence of significant limitations in adaptive behavior. Put more succinctly, the American Association on Intellectual and Developmental Disabilities (AAIDD) considers an individual to have an intellectual disability if the following three criteria are met:
- An IQ below 70;
- Specific limitations in one or more of the adaptive behaviors mentioned above; and
- Onset prior to age 22.
Categories of Intellectual Disability
Intellectual disabilities are categorized into four levels based on the severity of impairment: mild, moderate, severe, and profound.
- Mild Intellectual Disability (IQ Range 52-69): Individuals with mild ID constitute the majority of people with this diagnosis. They often acquire academic skills up to the sixth-grade level and, as adults, can live independently with minimal support.
- Moderate Intellectual Disability (IQ Range 36-51): People with moderate ID can develop communication skills during their preschool years, acquire basic literacy, and, as adults, may work in sheltered workshops or supported employment settings.
- Severe Intellectual Disability (IQ Range 20-35): Individuals at this level may learn to communicate and perform some basic self-care but require supervision and assistance with daily activities throughout their lives.
- Profound Intellectual Disability (IQ below 19): Those with profound ID have significant cognitive and physical limitations and require close supervision and care for basic needs.
Student Rights Under Disability Laws for Intellectual Disability
Federal laws define a disability as any “significant physical or mental impairment” that significantly restricts one or more “major life activities.” As gaining an education is deemed a "major life activity," and considering that intellectual disability directly impacts a student's learning experience, educational institutions are legally obligated to make accommodations for students with any level of diagnosable intellectual disability, ranging from mild to profound. This is typically done through various types of special education programs geared to the needs of these students.
Student disability rights are defined by three significant pieces of legislation: Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA). Together, these laws dictate how schools must accommodate students with disabilities, including those with an intellectual disability. While IDEA mainly caters to the requirements of K-12 students, the ADA is more relevant to college students seeking accommodations. Section 504 is applicable to all federally-funded schools, with some provisions (like Free Appropriate Public Education or FAPE) primarily targeting K-12 public schools.
To secure a disability accommodation, students or their guardians must submit a formal request to their school. Each school has a distinct protocol for handling such requests, and adherence to these procedures is vital to ensure adequate evaluation.
IEP Provisions for Students with Intellectual Disabilities
Under the provisions of IDEA, qualifying students with disabilities are entitled to an Individualized Education Plan (IEP) designed to meet their needs. This personalized educational framework is developed in collaboration with school officials, teachers, and parents to address the student's requirements. IEPs typically apply to K-12 public and charter schools; private schools and colleges may opt to provide an IEP but are not necessarily required to do so.
An intellectual disability may require extensive IEP accommodations depending on the severity of the student's impairment. Among the most common of these provisions are special education services by qualified professionals, including specialized instruction in a resource room or inclusive classroom setting. Special education may include access to other types of therapies and supports, such as speech therapy, occupational therapy, and behavioral therapy, as needed. The student's IEP may also include time spent in integrated learning environments with non-disabled students as the student's abilities permit.
Other accommodations that may be included in an IEP:
- Individualized Instruction Plans: Tailored lessons that match the student's learning pace and ability.
- Modified Curriculum: Adjustments to the curriculum to focus on life skills, basic literacy, and numeracy, as needed.
- Extended Time on Tests and Assignments: Allowing additional time for completing tasks to accommodate learning speeds.
- Visual Aids: Incorporating pictures, symbols, and charts to support understanding and retention of information.
- Behavioral Support: Implementing strategies and supports to manage and improve behavior conducive to learning.
- Small Group Instruction: Offering lessons in smaller groups for more personalized attention and interaction.
- Social Skills Training: Structured programs to enhance interpersonal and communication skills.
- Physical Accommodations: Adjust classroom layout for accessibility or provide specialized equipment for physical needs.
- Transition Planning: Preparing for post-school activities, including vocational training or employment and independent living skills.
Free Appropriate Public Education (FAPE) for Students with Intellectual Disabilities
As per Section 504 and the Individuals with Disabilities Education Act (IDEA), every student with a disability has the right to a public education comparable to that given to their non-disabled peers. This means that federally-funded educational institutions providing free education must offer a Free Appropriate Public Education (FAPE) to each student with a recognized disability (most notably, public and charter K-12 schools).
The specific structure of FAPE for students dealing with intellectual disability hinges on various factors, such as the student's individual needs and struggles, the severity of their impairment, and the policies of the school district they attend. Many of the tools included in an IEP may also feature in FAPE. The goal is to educate the student in the general classroom to the greatest extent suitable, enhanced by any necessary educational services to ensure equal access to the education provided.
ADA Reasonable Accommodations and Other Options for College Students with Intellectual Disabilities
Colleges and universities are not held to the same requirements as K-12 schools in terms of providing IEPs for disabled students, and because most higher education establishments don't offer free public education, they are not bound by the requirements of FAPE. The ADA requires colleges and universities to provide "reasonable accommodations" for disabled students who show evidence of their disability and request such accommodations, and this requirement extends to students with intellectual disabilities who may qualify for acceptance to the school.
For many years, it's been widely assumed that most intellectually disabled students will not attend college or postsecondary schools, largely because of entrance requirements. However, this mentality is changing as more colleges, universities, and technical schools are now voluntarily providing inclusive postsecondary education (IPSE) to help qualified intellectually disabled students transition to adulthood and independent living. Additionally, while these schools aren't legally mandated to offer this level of accommodation, recent legislation now offers additional funding for schools to offer specially designed Transition and Postsecondary Programs for Students with Intellectual Disability (TPSIDs), giving schools even more incentive to do so.
Inclusive postsecondary education is a major step forward for people with intellectual disabilities, offering more opportunities at colleges, universities, and technical schools nationwide. These programs aim to provide a well-rounded educational experience. They go beyond traditional academic learning by including career and technical education and independent living skills. This comprehensive approach helps students with intellectual disabilities gain both the intellectual growth of postsecondary education and the practical skills needed for active participation in society and the workforce.
When a School Neglects to Accommodate Intellectual Disability
While the law is clear on the ways that schools must accommodate students with intellectual disabilities--and while most schools do have programs in place to offer these accommodations--the process of qualifying for these accommodations can still be complicated and convoluted. Sadly, sometimes, students with intellectual disability can encounter difficulties when seeking the accommodations they need from their schools. Situations may occur where a school either fails to recognize the disability or simply does not provide adequate accommodations to help the student succeed. If attempts to resolve these issues prove unsuccessful, it may be necessary to seek counsel from an education law attorney with experience in resolving disputes over disability accommodations.
The Education Law Team at the Lento Law Firm: Advocating for Students with Intellectual Disability
All students, including those living with mild, moderate, severe, or profound intellectual disability, deserve an education that caters to their individual needs and fosters both academic and personal growth. Disability accommodations are crucial for ensuring every student has a chance to excel academically and in their future career. However, acquiring these accommodations is usually not automatic, and the process can be complex and frustrating.
At the Lento Law Firm, our Education Law Team has an extensive understanding of the legal rights granted to students with disabilities and how to safeguard their right to a high-quality education. With many years of nationwide experience and a successful track record with even the most challenging cases, our Team will utilize every resource available, from skilled negotiation to litigation if necessary, to secure the accommodations your student deserves. Contact the Lento Law Firm for a consultation at 888-535-3686 or use our online form.
