Two federal statutes safeguard the rights of students with disabilities in the United States education system. These laws are the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). They establish fundamental protections and requirements for students with disabilities, especially those attending K-12 public schools.
Additional safeguards and assistance may be available depending on the student's location, as state and local laws can play a role. In the Cleveland metropolitan area, parents and students must be aware of federal laws as well as relevant state and local regulations. However, it's important to note that these laws are specifically applicable to public schools. Private schools may have their own policies, as they are not governed by federal law in this context.
If a student finds that their school is not adequately providing the support they require, parents and guardians should be prepared to advocate for their child's needs. The Lento Law Firm has experience collaborating with school districts to ensure students receive optimal support and a conducive environment.
Cleveland-Elyria Metropolitan Area
More than two million people call the Cleveland-Elyria metropolitan area home. The towns and suburbs that make up the area include:
- Cleveland
- Elyria
- Lakewood
- Parma
- Lorain
- Euclid
- Strongsville
- Mentor
- Brunswick
- Westlake
- Shaker Heights
- North Olmsted
- Beachwood
The region is home to more than 70 public school districts that serve local students. Each district is required to follow federal education rules as well as Ohio law.
These school districts vary in size, ranging from large to small, and encompass diverse areas, including urban, suburban, and rural communities with a wide range of socioeconomic backgrounds. As each district may have its own policies concerning students with disabilities, being informed about the particulars for each school will empower parents and students to optimize the support they receive.
Colleges and Universities
The Cleveland-Elyria area is also home to a number of post-secondary institutions. These schools range from liberal arts colleges to state schools and community colleges. These institutions must adhere to both federal and state laws. However, they often have more flexibility in setting their policies for students with disabilities. Notably, the Individuals with Disabilities Education Act (IDEA) ceases to apply once a student graduates from high school. In colleges and universities, Individualized Education Plans (IEPs), as discussed below, are not mandatory, though they can offer valuable guidance for supporting students.
While high school students are entitled to IEPs, college students are expected to be more self-advocating due to their age and maturity. Once a student reaches 18 years of age, parents no longer have a legal role as advocates.
The Role of FAPE, Reasonable Accommodations, and IEPs
The Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 mandate that schools must furnish students with disabilities with the necessary support and resources to facilitate their education. These laws impose more extensive obligations on K-12 educational institutions compared to colleges and universities.
Some highlights of these laws to bear in mind include:
Free Appropriate Public Education (FAPE) is a universal entitlement applicable to all children in the United States, including those with disabilities. Every child has the right to receive FAPE, and for students with disabilities, this might entail additional services or programs without any extra expenses incurred by themselves or their families.
Individualized Education Programs (IEPs) are collaborative plans developed by the school, parents, and potentially the student to establish a roadmap for the necessary support and resources required for the student's academic success. IEPs can be initiated as early as three years of age, and they are adaptable and subject to revision whenever necessary.
Reasonable accommodations are modifications and adaptations implemented by schools to ensure that students with disabilities receive an education equivalent to that of their non-disabled peers. It's important to note that schools are not obligated to provide all possible accommodations. The decision on what constitutes a reasonable accommodation takes into account factors such as cost, available resources, and other relevant considerations.
Least Restrictive Environment (LRE) refers to the practice of school districts placing students with disabilities in general classrooms, aiming to integrate them fully into the school community whenever feasible. This can include providing necessary accommodations, such as assigning aides to students. The specific implementation of LRE varies for each student based on their unique disability and what is deemed most beneficial for their individual needs.
In an ideal scenario, Individualized Education Programs (IEPs), Free Appropriate Public Education (FAPE), reasonable accommodations, and Least Restrictive Environment (LRE) combine to ensure that students with disabilities receive the necessary support to access the same level of education as their peers.
Ohio Law
The state of Ohio has passed other laws for educating children with disabilities. Two such programs are extended school-year services (ESY) and transition planning.
Ohio's education laws build upon IDEA, which offers support for students aged three and up. In Ohio, school districts must provide special education services to three-year-olds, including providing approved programs and sponsoring the programs.
ESY services are offered to students with disabilities who have been determined to be eligible and in need of continuous support to maintain their acquired skills and learning progress. The decision to provide ESY services is made on an individual basis, based on the student's unique needs and goals as outlined in their Individualized Education Program (IEP).
The main purpose of transition planning is to assist students with disabilities in achieving their post-secondary goals, which may include further education, employment, and independent living. By focusing on transition planning, Ohio aims to enhance the likelihood of positive post-school outcomes for students with disabilities, helping them to successfully transition into adult life with the skills and resources they need to achieve their goals.
If you think your child could benefit from these services and your school district disagrees, you should retain the experienced Education Law Team at the Lento Law Firm.
Every Student Succeeds Act
The Every Student Succeeds Act is a federal law that governs K-12 education and provides guidelines and requirements for states to improve educational outcomes for all students.
In Ohio, the state-level legislation that aligns with ESSA is the Ohio Every Student Succeeds Act (ESSA) State Plan. The Ohio Department of Education developed this plan to demonstrate how the state would implement the requirements of ESSA to improve education for students in Ohio.
The Ohio ESSA State Plan addresses the provision of specialized services and support for disabled students, such as individualized education programs (IEPs), related services, and accommodations. These services aim to meet the unique needs of each student and support their academic and functional development.
The plan encourages schools to implement inclusive practices, where disabled students are educated alongside their non-disabled peers to the maximum extent appropriate. This includes co-teaching models and collaboration between general education and special education teachers.
If your child's school does not feature accommodations for the specific needs of your child, contacting the district administration may lead to additional support. In some situations, retaining the Lento Law Firm may help you secure such services.
The Cleveland Metropolitan School District
Cleveland Metropolitan School District serves the city of Cleveland and is the largest school district in the region in terms of student enrollment. CMSD is committed to creating inclusive classrooms where students with disabilities are educated alongside their non-disabled peers to the maximum extent appropriate. This inclusive approach aims to foster a supportive and enriching learning environment for all students.
For students on the autism spectrum with significant support needs, CMSD provides specialized autistic support units. These units implement evidence-based practices to support communication, social skills, and academic progress.
Cuyahoga County
Cuyahoga County is home to more than 30 public school districts. Each school district sets its own policies for educating disabled students. The Cleveland Hill Union Free School District, for instance, offers a Committee on Special Education. Resources for special education can be found on each district's website.
Office of Special Education
Ohio's Department of Education oversees the implementation of federal education laws throughout the state. The office also provides resources for families of children with disabilities. When a school or district fails to provide students with the accommodations or support they need, families may lodge a complaint with the Office of Special Education.
Doe v. Ohio Department of Education
In 1993, a class-action lawsuit was filed against the Ohio Department of Education on behalf of students with disabilities. The case alleged that the ODE had failed to provide students with disabilities a free appropriate public education (FAPE) as required by the federal law, the Individuals with Disabilities Education Act (IDEA).
The central issue in the lawsuit was that the ODE had not sufficiently monitored and ensured the provision of appropriate services to students with disabilities across the state of Ohio. The plaintiffs argued that the ODE had not adequately monitored compliance with the IDEA's requirements, leading to disparities in services and educational outcomes for students with disabilities.
The case took several years to resolve, and in 2019, a settlement agreement was reached between the parties. The settlement required the ODE to implement various corrective measures and improvements to ensure that students with disabilities received appropriate services and that the state's special education system was in compliance with federal law.
The settlement agreement also included provisions for ongoing monitoring and reporting to ensure continued compliance with the IDEA's requirements and the improvement of special education services throughout Ohio.
Cleveland Metropolitan was one of the largest districts to be impacted by the lawsuit. While the settlement agreement may give families of disabled children reason to be optimistic, continued advocacy may be necessary. If your child is a student at Cleveland Metropolitan or another district that is failing to meet legal standards for education, you need to retain the Lento Law Firm.
Advocating for Inclusive Education
All students have the right to receive a free appropriate public education under the law. If you reside in the Cleveland-Elyria area, it's important to be well-informed about both federal and relevant Ohio laws. If your child's school district fails to adequately support your child, you'll want to be aware of all available laws and services in your locality.
The Lento Law Firm is a distinguished National Education Law firm, specializing in advocating for students with disabilities. The team comprises passionate, experienced advocates dedicated to safeguarding your student's rights. For a consultation, call 888-535-3686 now, or get in touch online.
