Public schools in Columbia and across the United States are legally obligated to provide children with disabilities a free and appropriate public education in the least restrictive environment as outlined by federal law. This means that children with disabilities should have equal access to educational opportunities and be educated alongside their non-disabled peers to the greatest extent possible.
Specifically, schools are responsible for identifying and evaluating students who may have disabilities and require special education services. They must provide an education tailored to meet the unique needs of the child with a disability. This education must be provided at no cost to the parents.
Parents have the right to be involved in the decision-making process regarding their child's education, and schools must provide them with procedural safeguards to protect those rights. But sometimes, students slip through the cracks and aren't afforded the rights they need and deserve.
If a school is not providing your student with the support they need, you should advocate for your child. The Lento Law Firm works with parents across the country to get school districts to provide students with disabilities the services and support they need to have the best possible support and structure to succeed in school and with their education. Contact the Lento Law Firm's Student Defense Team today to begin advocating for your child and ensuring they have what they need to succeed. Contact us today at 888.535.3686 or through our online form to discuss your case with a member of our Student Defense Team.
Federal Laws that Protect Students with Disabilities
The Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) are two key pieces of legislation in the United States that aim to protect the rights and provide support for individuals with disabilities, including students. However, they serve different purposes and apply in different contexts. Here's a closer look at each:
Americans with Disabilities Act (ADA):
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in various areas, including employment, public services, public accommodations, and telecommunications. ADA ensures that students with disabilities have equal access to educational opportunities, programs, and services. This includes public and private schools, colleges, and universities.
Key Provisions of ADA:
- Title II: Prohibits discrimination on the basis of disability in public entities, including public schools and universities. These entities must provide equal access to services, programs, and activities.
- Title III: Extends anti-discrimination protections to private entities considered places of public accommodation, such as private schools and daycare centers.
- Reasonable Accommodations: Reasonable accommodations refer to modifications or adjustments made to the educational environment, instructional methods, or requirements to provide students with disabilities an equal opportunity to participate in and benefit from education. These accommodations aim to level the playing field for students with disabilities, allowing them to access and engage in educational activities to the best of their abilities. Schools are not required to provide disabled students with all accommodations. They can consider the cost, how the resources will be used, and other factors to determine what constitutes a reasonable accommodation.
Individuals with Disabilities Education Act (IDEA):
IDEA is a federal law that governs special education services for children with disabilities. The primary goal is to ensure that students with disabilities receive a free and appropriate public education (FAPE) in the least restrictive environment. IDEA applies to students with disabilities from birth through high school graduation or age 21, depending on the state. It requires the provision of special education and related services to meet the unique needs of each eligible child.
Key Provisions of IDEA:
- Free Appropriate Public Education (FAPE): FAPE ensures that students with disabilities can receive a meaningful and comparable education to those provided to students without disabilities. The goal is to enable disabled students to participate in and benefit from educational programs and activities to the greatest extent possible.
- Individualized Education Program (IEP): An IEP is a written document that describes the student's present levels of academic achievement and functional performance, sets annual goals, and outlines the specific services and accommodations that will be provided to help the student make progress in their education. The IEP is intended to be a collaborative effort involving parents, teachers, school administrators, and, when appropriate, the student.
- Least Restrictive Environment (LRE): The LRE mandate stipulates that, to the maximum extent appropriate, students with disabilities should be educated in settings as close as possible to the regular or mainstream educational environment where their non-disabled peers are educated. This means that schools should avoid segregating students with disabilities into separate classrooms or schools unless it is determined, based on the student's individual needs, that such an environment is not conducive to their educational progress. The goal of the LRE principle is to provide students with disabilities the opportunity to participate in general education programs and activities alongside their non-disabled peers while still receiving the necessary support and services to meet their unique needs.
- Procedural Safeguards: IDEA includes procedures to protect the rights of students and their parents, including the right to due process in case of disputes.
South Carolina Programs that Provide State-Specific Support for Disabled Students
South Carolina provides additional laws regarding education for students with disabilities in Columbia and throughout the state, including the Every Student Succeeds Act (ESSA) and the Multi-Tiered System of Supports. Here's a closer look at each:
Every Student Succeeds Act
ESSA was signed into law by President Barack Obama in December 2015. It authorized and updated the Elementary and Secondary Education Act (ESEA), which was initially enacted in 1965. ESSA replaced the No Child Left Behind Act (NCLB). ESSA created the following oversights:
- Limiting the power of the federal government to set education policy for states
- Increasing state flexibility to design accountability systems, interventions, and student supports
- Increasing state and local flexibility in the use of federal funds
- Providing states flexibility to work with local stakeholders to develop educator evaluation and support systems
- Maintaining annual assessments for grades 3-8 and high school
South Carolina developed a Consolidated State Plan, which went into effect with the start of the 2017-2018 school year. Stakeholders and the public played an active role in the ESSA State Plan before it was submitted to the U.S. Department of Education in the fall of 2017.
South Carolina's Consolidated State Plan includes the following provisions:
- Improving basic programs operated by local educational agencies
- Education of migratory children
- Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk
- Supporting effective instruction
- English language acquisition and language enhancement
- Student support and academic enrichment grants
- 21st-century community learning centers
- Rural and low-income school program
- Education for homeless children and youth program McKinney-Vento Homeless Assistance Act
Multi-Tiered System of Supports
The South Carolina Multi-Tiered System of Supports (SCMTSS) is the state program patterned after the Multi-System of Supports (MTSS). This program is designed to address the needs of the whole child, including academic, behavioral, social, and emotional. This holistic and personalized system of learning incorporates academics and social-emotional behaviors into one framework. The goal of MTSS is to provide early intervention for every student struggling to attain or maintain grade-level performance by utilizing best instructional practices within an evidence-based instructional model.
SCMTSS's Framework and Guidance Document was identified through data-driven decision-making and progress monitoring focused on increasing a student's potential for success and graduating high school so that they are college and career-ready. This program is intended to be proactive rather than reactive. It challenges educators and support staff to be lifelong learners by analyzing current systems and making decisions to improve instructional approaches.
SCMTSS is founded on six core principles:
- Leadership
- Building capacity and infrastructure
- Communication and collaboration
- Data-based problem solving
- Tiered instruction
- Data evaluation
Columbia's Metropolitan Area
Columbia is the capital city of South Carolina. Its metropolitan statistical area is the second-largest in the state. Nearly 830,000 people call the area home. Columbia's metropolitan counties include:
- Calhoun
- Fairfield
- Kershaw
- Lexington
- Richland
- Saluda
Public and Private School Districts in Columbia
K-12 public school districts in Columbia include:
- Richland County School District One
- Department of Defense Education Activity (parts of Fort Jackson)
- Richland County School District Two
- Lexington & Richland County School District Five
Lexington is also serviced by 21 private schools offering a variety of Pre-K through twelfth-grade students and a supplementary school on the USC campus for Japanese children.
Colleges and Universities in Columbia
Columbia is home to several colleges and universities. These educational institutions are required to abide by federal and state law. However, colleges and universities tend to have more leeway in the policies relating to students with disabilities. For example, IDEA no longer applies once a child graduates high school. IEPs are also not required in higher education settings, though they can benefit students. A student's existing high school IEP can guide colleges and universities on how to support a special needs student best.
The exception for students in colleges and universities compared to students in primary and secondary schools is that students attending college or university are considered more capable of advocating for themselves. Additionally, once a student reaches the age of 19, parents are no longer legally bound to act as their child's advocate.
Here are the colleges and universities in Columbia:
- Allen University
- Benedict College
- Columbia College
- Columbia International University
- Fortis College
- ECPI University
- Lutheran Theological Southern Seminary
- Midlands Technical College
- South Carolina School of Leadership
- University of South Carolina (USC)
Legal Support Available for Your Disabled Student
If you believe your child isn't getting the special services they deserve to help them succeed in school, you must advocate on their behalf. This isn't the kind of fight you want to tackle alone. An education lawyer can play a crucial role in ensuring your child receives the necessary services and resources from their school or school district. Here are some steps and strategies an education lawyer may use:
Understanding Special Education Laws: Our education lawyers are well-versed in special education and laws such as the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA). They can help you understand your child's rights and the obligations of the school.
Assessment of Your Child's Needs: Your lawyer can assist in obtaining a comprehensive assessment of your child's educational and related service needs. This assessment is crucial in determining the appropriate services and accommodations for your child.
Individualized Education Program (IEP) Review: Your education lawyer can review and analyze your child's Individualized Education Program (IEP) to ensure that it addresses your child's unique needs and provides the necessary services and accommodations.
Negotiating with the School or District: If there are disagreements between you and the school or district, an education lawyer can negotiate on your behalf to reach a resolution. This may involve discussions about the content of the IEP, the type of services provided, or any other issues affecting your child's education.
Mediation and Due Process Hearings: If negotiations fail, an education lawyer can guide you through mediation or due process hearings. These formal procedures are designed to resolve disputes between parents and schools regarding special education services.
Appeals and Litigation: If necessary, your lawyer can file appeals or take legal action to enforce your child's rights. This might involve going to court to ensure that your child receives the appropriate education and services.
Monitoring Implementation: Even after an agreement is reached or a decision is made, an education lawyer can help ensure that the school or district implements the agreed-upon services and accommodations effectively.
Collaboration with Experts: Our education lawyers often collaborate with educational and medical experts to strengthen their case and provide a comprehensive understanding of your child's needs.
Advocacy Training for Parents: Our education lawyers may also help educate you on your rights and how to effectively advocate for your child's needs within the Columbia educational system.
Keeping Updated on Legal Changes: Laws related to special education can change. Our education lawyers stay up-to-date on these changes to provide the most accurate advice and representation.
Call the Lento Law Firm to Protect Your Student's Rights to an Education
Federal laws give all students the right to free, appropriate public education and the resources they need to succeed in school. South Carolina laws also ensure that students in Columbia and throughout the state are afforded programs and services to prepare them for high school, college, and a future career. If your Columbia school district is failing to provide your child the disability services they need and deserve, you must advocate on their behalf to ensure they are best prepared for the future.
The Lento Law Firm is a premier National Education Law Firm serving students with disabilities. Our Student Defense Team is passionate and experienced. We will protect you and your student's rights. Contact us today at 888.535.3686 or through our online form to discuss your child's case and hear how we can help.
