As a parent, you want your child to have the best education possible. If your child has a disability or special needs, however, your school district may not be equipped to ensure your student gets that education. Your child's right to a free and appropriate public education is protected by federal and state law. If you think your school district is trampling on this right or making it difficult to get the special education services your child needs, you can and should take action.
In Pennsylvania, state laws also protect students with disabilities all the way from age three up until graduate school. If you're unaware of what the federal and state laws are concerning students with disabilities, you may feel overwhelmed when trying to advocate for your student's rights. At the LLF Law Firm, we understand that going up against your school district, even when you're defending your child's best interests, can be stressful. That's why we want to help.
Our Education Law Team can assist your family in securing your child's education and getting the special education services they need. Call us today at 888-535-3686 or send us your information via our online form so we can schedule a consultation with you.
The Harrisburg-Carlisle Metropolitan Area
The Harrisburg-Carlisle Metro Area is made up of 603,493 residents and covers 1,622 square miles. The number of high school grads in the area is higher than the national average, with 93 percent of residents getting at least a high school degree. About 37 percent of residents also have a Bachelor's degree or higher.
There are three counties in the Harrisburg-Carlisle Metropolitan Area, including Cumberland County, Dauphin County, and Perry County. The major cities and towns in each county are:
- Cumberland County
- Carlisle
- East Pennsboro
- Hampden
- Upper Allen
- Lower Allen
- North Middleton
- South Middleton
- Silver Spring
- Camp Hill
- Mechanicsburg
- New Cumberland
- Middlesex
- Southampton
- Monroe
- Shippensburg
- Enola
- Lower Allen
- West Pennsboro
- Schlusser
- Dauphin County
- Harrisburg
- Lower Paxton
- Derry
- Susquehanna
- Swatara
- Lower Swatara
- South Hanover
- Colonial Park
- Progress
- West Hanover
- Middletown
- Steelton
- Hummelstown
- Londonderry
- Middle Paxton
- Upper Paxton
- Paxtonia
- Perry County
- Carroll
- Centre
- Saville
- Rye
- Penn
- Oliver
- Spring
- New Bloomfield
- Marysville
- Newport
Public and Private Schools in the Harrisburg-Carlisle Metropolitan Area
The three counties in the Harrisburg-Carlisle area are full of large public and private schools serving students in grades K-12. Some of the biggest are Cumberland Valley High School, Carlisle Area High School, Cedar Cliff High School, and Mechanicsburg Area Senior High School. Some of the largest and most well-known private schools are Harrisburg Academy, Trinity High School, Bishop McDevitt High School, Milton Hershey School, and St. Margaret Mary School.
Public schools are required by federal law to provide special education services to students with disabilities, but private schools generally are not. Since private schools are funded by tuition fees instead of federal funding, they typically aren't beholden to these laws. In some rare cases, however, private schools have to follow special education laws, too.
In some situations, a public school district may place a student with disabilities in a nearby private school because the private school has resources and services more suited to the student's needs. In this case, the district would pay the student's private school tuition fees. However, if a parent decides to place their student in a private school rather than a public one for better access to special education services, it's considered “parental placement,” and the district is not responsible for paying tuition costs to the private school.
Colleges and Universities in the Harrisburg-Carlisle Metropolitan Area
The Harrisburg-Carlisle Metropolitan Area is also home to several colleges and universities, both public and private. Some of the largest are Dickinson College, Shippensburg University of Pennsylvania, HACC, and Harrisburg University of Science and Technology. Institutions of higher education must also follow federal laws concerning students with disabilities; however, the approach is slightly different. In K-12 schools, a great deal of responsibility is placed on instructors and school staff to identify and provide tailored educational plans for students with special needs. At the college and university level, students must request these services on their own.
Federal Laws that Protect Students with Disabilities
Under U.S. law, all children, including those with disabilities and special needs, are entitled to a free appropriate education provided by their state. The Individuals with Disabilities Education Act (IDEA) of 1990 details the rights and protections for students with disabilities. Under this act, most students who receive special education services are given Individualized Education Plans (IEPs). Additionally, Section 504 of the Rehabilitation Act of 1973 forbids discrimination based on disability.
For students in higher education, Title II of the Americans with Disabilities Act (ADA) mandates that colleges and universities must make reasonable accommodations for students with qualifying disabilities. These accommodations may include extended time for tests, assistance with note-taking, or tailored schedules to aid their learning process.
The Individuals with Disabilities Education Act (IDEA)
IDEA is a federal law that protects the rights of students with disabilities. Though it has been modified in the past, its primary objective is to guarantee that disabled students receive appropriate accommodations, support, and individualized services from their local school systems. As a parent of a disabled child, it is important to familiarize yourself with the most important concepts and educational laws under IDEA.
Free and Appropriate Education
FAPE, which stands for “free and appropriate public education,” is a crucial concept under IDEA. It requires public schools to offer a specialized education to eligible students aged 3 to 21 (or until they graduate high school). This education must be both free and suitable for the student's learning needs. The definition of "appropriate" may differ for each student, depending on their unique needs.
Child Find
Under Section 300.11 of IDEA, school districts are required to adhere to the "Child Find" principle. Child Find requires schools to actively seek out, acknowledge, and assess any student within their jurisdiction who may need special education assistance. The standard for this mandate is relatively low. If a teacher has any reason to believe that a student may have a disability, they are responsible for recommending that the student be evaluated for potential special education services.
Many legal cases related to special education stem from violations of Child Find. If your school district fails to identify your child as eligible for special education, you have the option to file a due process complaint to secure additional support and services for your child. It's important to note that this type of complaint is not intended to punish the school district but rather to obtain the necessary resources to improve your child's academic performance.
Individualized Education Plans (IEPs)
IDEA requires school districts to provide qualified students with an IEP. An IEP is a tailored education plan that sets out the goals for the child's academic success, along with the services to be provided to help the child reach those goals. If your student has been given an IEP by their school, you should consider it as a binding agreement from the school district. If the district doesn't meet all the requirements of an IEP, or doesn't provide your special needs student with an IEP, you are allowed to file a due process complaint.
IEPs should be created by the student's IEP team in collaboration with the parents. Once the student is old enough, they must also be consulted at their yearly IEP meeting. When you attend IEP meetings, you have the legal right to bring an attorney with you, have an interpreter present, access your child's IEP and assessments, and get advanced notice of the meeting. These meetings must happen at least once per year.
Each student's IEP will be unique to them, but there are some components that are required by law to be included in an IEP:
- An overview of the student's current academic and functional abilities
- Individualized and measurable goals
- A statement on related services that may be necessary, such as therapy
- On-campus accommodations to facilitate the student's educational access, such as an assistive device or preferential seating
- Curriculum modifications such as extended time for the completion of assignments
- A statement on whether the student shall be placed in special education classes or general education classes
- Other relevant information, such as behavior or test results
If the school district doesn't include or address these components, you may be entitled to seek compensatory education for your child via a due process complaint. The Education Law Team at the LLF Law Firm can help you and your family if you feel that your child's school has not met the appropriate IEP standards concerning their education.
Qualifications for an IEP
When a teacher suspects that a student may require special education services or when a parent raises concerns, the school district is responsible for evaluating the student. The district then determines if the student meets the criteria for special education services.
There are 13 categories of disability under IDEA that make a child eligible for these services. These categories include:
- Learning disabilities like dyslexia or dysgraphia
- Health impairments such as ADHD
- Autism Spectrum Disorder
- Emotional disorders like anxiety or depression
- Speech and language impairments
- Visual impairments
- Intellectual disabilities like Down Syndrome
- Orthopedic impairments
- Traumatic brain injury
- Multiple disabilities
These categories help identify students who need additional support and ensure fairness and consistency in determining eligibility for special education services, regardless of the student, their parents, or their relationship with the school district.
If you feel that your child's school has not fulfilled its Child Find obligations, you can seek assistance from the LLF Law Firm's Education Law Team.
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
The ADA is the second major federal law that protects students with disabilities. It ensures that all students with disabilities, from preschool to post-secondary education, have the same educational opportunities as their non-disabled peers. To fulfill this requirement, schools must provide services, programs, and accommodations to help disabled students fully participate in campus life. These accommodations may include wheelchair ramps, materials in Braille, or other modifications that make the campus and education accessible to disabled students.
In addition, under Section 504 of the Rehabilitation Act of 1973, schools must modify their policies and practices to allow students with disabilities to take part in school programs and activities alongside their non-disabled peers. Students can have a Section 504 Plan, which is a contract outlining the reasonable accommodations they should receive to access their education. 504 Plans are not the same as IEPs, which are more comprehensive plans for students who need a personalized educational approach.
If there are any violations of the ADA or Section 504, they are handled through civil rights litigation rather than due process claims. In some cases, a school district may offer a student a 504 Plan instead of an IEP to save costs. If you believe your child has been unfairly denied an IEP, our Education Law Team at the LLF Law Firm is available to assist you.
Pennsylvania Special Education Laws
State laws in Pennsylvania provide more support for students with disabilities. The Pennsylvania Bureau of Special Education offers guidance on regulations and policies. It also supervises the educational services for students with diverse disabilities, including those covered by IDEA. There are some areas of IDEA where Pennsylvania exceeds the federal minimum required standards as well, such as evaluation and reevaluation methods, extended school years, positive behavior support, and more.
An Education Lawyer Can Help Protect Your Student's Rights
If you suspect that your school or district has breached laws or regulations meant to protect your student, consider initiating the complaint process with a formal, written, and signed Complaint Packet and Form directed to the Bureau of Education. You can also contact our Education Law Team for help.
The LLF Law Firm assists families and students dealing with special education issues at their schools. We fight to help your child get the education they are entitled to. We're dedicated and knowledgeable advocates committed to defending the rights of you or your student. For a consultation, contact our firm at 888-535-3686 or fill out our contact form, and a member of our team will get back to you.
