You want the best for your child, and you want to ensure they have a positive experience at school. If your child has disabilities or special needs, you may be concerned about their education and their future. All public-school students have a legal right to a free and appropriate education—even if they have a disability. Although this is federal law, not all schools apply it as they should. If your child's Chattanooga school isn't respecting their right to an education, you can take action.
The two main federal laws that protect students with special needs are the Individuals with Disabilities Education Act (IDEA) and The Americans with Disabilities Act (ADA). Together, these two laws ensure that students can access and progress through appropriate education, even if they have mental, emotional, and physical disabilities. At the Lento Law Firm, our team of Education Lawyers can help you stand up for your child's right to the education they deserve. Call us today at 888-535-3686 or fill out our online form with your information and we'll get back to you right away.
The Chattanooga Metropolitan Area
According to the 2021 U.S. Census, Chattanooga, TN, is home to 184,071 people, spread over 142.4 square miles. The median age in Chattanooga is 36, although 21% of the population is under 18 or K-12 age. The metropolitan area of Chattanooga sits on the border of Tennessee and Georgia, and it consists of six counties: Hamilton, Marion, and Sequatchie in Tennessee and Catoosa, Dade, and Walker in Georgia.
Some of the major cities in these six counties include:
- Hamilton
- Chattanooga
- East Ridge
- Soddy-Daisy
- East Brainerd
- Red Bank
- Collegedale
- Signal Mountain
- Harrison
- Marion
- Jasper
- South Pittsburg
- Whitwell
- Kimball
- Sequatchie
- Dunlap
- Catoosa
- Fort Oglethorpe
- Ringgold
- Dade
- Trenton
- Walker
- LaFayette
- Fairview
- Lakeview
- Rossville
- Chattanooga Valley
School Districts and Private Schools in Chattanooga
The Chattanooga Metropolitan area is home to several school districts, all regulated by the counties. Hamilton County Schools is the largest, with 79 schools. The other large districts are Catoosa County Schools, with 16 schools; Walker County Schools, with 15 schools; and Marion County School District, with 12 schools. Each school district may have its own set of policies for special education, but all of them must follow federal and state education laws concerning disabled students.
The Metropolitan area also has several private schools, such as:
- Chattanooga Christian School
- Silverdale Baptist Academy
- Baylor School
- Boyd Buchanan School
- McCallie School
- Collegedale Academy
Generally, private schools are not bound by federal state education laws because they don't receive funding from the state or the federal government. Private schools are typically funded by tuition costs instead. If a private school does receive federal funding for some reason, it can make federal disability education laws applicable on its campus.
Sometimes, public schools place a special needs student in a nearby private school because the private school is better equipped to serve their educational needs. Although the student is enrolled at a private school, their IDEA rights still apply because the public school that placed the student is still responsible for them. The district even funds this student's tuition at the private school. If you, as the child's parent, decide to enroll your child in a private school because there's better access to special education, it's considered “parental placement” under IDEA, and your child will not be entitled to services at the district's expense.
Colleges and Universities in Chattanooga
Chattanooga and its metro area have several institutions of higher education, both public and private. The biggest public ones are the University of Tennessee at Chattanooga and Chattanooga State Community College. Large private universities in the area include Southern Adventist University and Lee University.
IDEA doesn't apply at the collegiate level; it's only for K-12 students. The ADA applies to college students, however, and they still have the right to have reasonable accommodations in order to get an education at a public college or university. Rather than having teachers and staff create an Individualized Education Plan (IEP) for them, as they do at the K-12 level, college students must learn to advocate for themselves and request the services they need.
Special Education Rights: IDEA
Enacted in 1975, the IDEA is a federal law that safeguards the rights of students with disabilities. While it has undergone revisions over time, its main purpose is to ensure that disabled students receive the necessary accommodations, assistance, and personalized services from their school districts. Under the umbrella of IDEA, there are several other concepts and education laws that you should be aware of as a parent with a disabled child.
FAPE
FAPE stands for free and appropriate public education. The idea behind FAPE is that public schools are obligated to provide a special education program to eligible students between the ages of 3 and 21 (or until high school graduation, whichever comes first) that is both free and appropriate to their level of learning. What constitutes "appropriate" may vary depending on the individual student and their specific requirements.
Child Find
According to Section 300.11 of the IDEA, school districts must comply with the "Child Find" principle. Child Find requires them to actively search for, recognize, and evaluate any student within their jurisdiction who may require special education assistance. The threshold for this obligation is quite low. If a teacher has any reason to believe that a student may have a disability, they have the responsibility to suggest that the student undergo an evaluation for potential special education services.
Many lawsuits related to special education arise from violations of Child Find. If your school district fails to identify your student as qualifying for special education, you can file a due process complaint to obtain additional education for the services your child should have received. Keep in mind that this type of complaint isn't meant to punish the school district. Rather, it's to procure the necessary support to improve your child's academic performance.
Who Is Eligible for IDEA?
Once a teacher has identified a student as possibly needing special education services, or after an inquiry by the child's parents, the student must be evaluated by a school district. Then, the district has to determine if they're eligible for special education services.
IDEA has 13 different categories of disability that qualify a child for these services. These categories include:
- Learning disabilities such as dyslexia or dysgraphia
- Health impairments that limit strength, energy, or alertness, such as ADHD
- Autism Spectrum Disorder
- Emotional disorders such as generalized anxiety disorder, depression, or oppositional defiant disorder
- Speech and language impairments like receptive or expressive speech disorders
- Visual impairments
- Intellectual disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or below-average cognitive abilities
- Orthopedic impairments like Cerebral Palsy
- Traumatic brain injury
- Multiple disabilities
These categories serve as a framework for identifying students who require extra support. They also ensure fairness and consistency in special education eligibility, regardless of the student, their parents, or their relationship with the school district.
If you believe that your child's school has not fulfilled its Child Find responsibilities, you can seek assistance from the Lento Law Firm's Education Law Team.
Individualized Education Plans (IEPs)
According to the IDEA, school districts are required to supply qualified disabled students with an official IEP. The IEP should be tailored to meet the specific needs of the student and should also ensure the student is challenged enough to facilitate academic progress. Essentially, an IEP serves as a binding agreement between the school district and the student, outlining the actions the school district will take each year to assist the student in achieving their educational objectives.
In the event that a school district fails to develop an appropriate IEP or fails to implement it as agreed upon, parents have the right to file a legal complaint, known as a due process complaint, against the school district.
The IEP is created in collaboration with the student's IEP team, which includes various individuals such as teachers, counselors, service providers, and parents. Parents have specific participation rights under Section 300.322 of the IDEA, such as the right to have legal representation, an interpreter present, access to their child's assessments and IEP, and advanced notice of the meeting. The IEP team must convene at least once a year to establish an IEP for the upcoming academic year.
What's Included in an IEP?
Although each student's IEP will be unique, Section 300.321 of the IDEA mandates that the following elements be included in each one:
- A description of the student's current academic and functional abilities, which will be used to establish their upcoming goals
- Individualized and measurable annual goals
- A statement on any related services that may be necessary for the student to achieve their goals and access education, such as individual instruction or therapy
- Accommodations on campus to facilitate easier access to education, such as assistive devices or preferential seating
- Modifications to the curriculum, if deemed necessary by the team, such as adjusted homework assignments or extended time for completion
- A description of the student's academic placement, including the proportion of time spent in general education versus special education
- Other relevant information, such as behavior or test results
If a school district fails to properly address any of these components, parents may be entitled to compensatory education through a due process complaint. If you believe that your child's school district has not created an appropriate IEP or has failed to implement it effectively, our Education Law Team can provide information on seeking compensatory education.
The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The second significant federal education law that protects students with disabilities is the ADA. The ADA safeguards all students with disabilities from preschool to post-secondary education by ensuring that they receive equal educational opportunities as their non-disabled peers. As a result, schools must offer services, programs, accommodations, and activities that aid disabled students in integrating into campus life. These accommodations may include wheelchair ramps and materials in Braille.
Additionally, Section 504 of the Rehabilitation Act of 1973 ("Section 504") requires schools to adapt their policies and practices to enable students with disabilities to participate in school programs and activities alongside their non-disabled peers. Students can give students a Section 504 Plan, which is a type of contract that outlines the reasonable accommodations a student should receive to access their education. A Section 504 Plan isn't the same as an IEP. The IEP is more comprehensive and is designed for students who require a personalized educational plan rather than just accommodations to access their education.
Any violations of the ADA or Section 504 are not addressed through due process claims but rather through civil rights litigation. In some cases, school districts may choose to provide a student with a less expensive 504 Plan instead of an IEP. If you believe that your child has been unfairly denied an IEP, our Education Law Team at the Lento Law Firm can help.
Tennessee Special Education Laws
Federally funded schools in Tennessee must follow IDEA, the ADA, and Section 504. Schools in the Chattanooga Metropolitan Area—and all across the state—must also follow Tennessee state law on special education. The education laws for students with disabilities outline the state's approach to implementing the IDEA in its school districts. State law includes provisions for how to test children for disabilities or deficient academic achievement, parents' rights and responsibilities, rules about special education placements, and more.
Special Education Attorneys in Chattanooga, TN
As a parent, you want to ensure your child has the best educational experience possible. It can be difficult to secure this education, however, if you aren't aware of laws that protect the rights of students with disabilities and special needs.
At the Lento Law Firm, our Education Law Team can help. We can go over your child's situation thoroughly and ensure you understand the relevant laws and policies. We can attend meetings with your child's school with you and help negotiate with the school to ensure your child has the educational services they need. Make sure your child has a bright future at school by calling our team today at 888-535-3686 or visiting our online contact form.
