Under federal law, there are two acts that were created to protect the rights of students and children with disabilities: the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Both laws outline their distinct requirements for federal and state governments and the processes taken to punish state or local governments that deny these rights.
In the United States, federal laws, like the ADA and IDEA, can be expanded by individual states and local administrations. This means that the states must at least follow the original federal law but can expand their guidelines to help other individuals or provide better services if the state decides to.
Because federal law is constantly changing, and state laws are always evolving, public school families in the Colorado Springs metropolitan area need to be familiar with any laws that may affect them. Additionally, if your child has a disability and qualifies for services and accommodations but is not receiving them, you have the right to push the state to comply.
Lento Law Firm can help assemble your petition, speak to the school district and state legislators on your behalf, and negotiate for your child's rights. Call our offices today at 888-535-3686 or schedule a consultation online.
Colorado Springs Metropolitan Area
The Colorado Springs metropolitan area is located almost dead center of Colorado state. With over 750,000 residents in their two counties – El Paso and Teller – the Colorado Springs metropolitan area is made up of 34 communities, seven of which are unincorporated. The largest community is that of the city of Colorado Springs, with almost 500,000 people in their population. There is a significant drop in population when you go to the second-largest community in Security-Widefield. (38,639 residents).
Other communities in the Colorado Springs metropolitan area include:
- City of Fountain
- Cimarron Hills
- Fort Carson
- Black Forest
- Town of Monument
- Woodmoor
- City of Woodland Park
- Gleneagle
- Stratmoor
- Ellicott
- City of Cripple Creek
- Peyton
- Midland
- Truckton
- Yoder
While each community is unique, they all follow the same federal regulations as the rest of Colorado. However, in some communities, the policies and procedures that oversee children with disabilities may be altered or expanded in some way. As such, it is important to learn the exact policies that will affect your child, especially if they have a disability.
Colleges and Universities
There are several colleges, universities, graduate schools, and technical schools within the Colorado Springs metropolitan area, including:
- University of Colorado, Colorado Springs
- Colorado College
- Pikes Peak State College
- IntelliTec College
- Prima Medical Institute
- Colorado Technical University
- Nazarene Bible College
- Colorado Academy of Veterinary Technology
- United Air Force Academy
- Apex College of Veterinary Technology
- National American University
- Lower Plaza University of Colorado, Colorado Springs
- New Geneva Theological Seminary
While some of these schools are considered private, they generally all have to follow state and federal law when it comes to individuals with disabilities. However, they do have some flexibility. For example, the IDEA stops providing students with services after high school graduation. As such, students outside of high school do not qualify for Individualized Education Plans (IEPs) anymore as well. So, while upper-level educational institutes do not have to offer the same services as public elementary, middle, and high schools, they should be offering some services and accommodations to students with disabilities.
Understanding FAPE, Reasonable Accommodations, and IEPs
All federal legislations obligate states, and thus public schools, to provide students with certain standards so they can succeed academically. For instance, states must provide students with a Free Appropriate Public Education (FAPE).
To ensure students with disabilities receive a FAPE, the federal government has identified additional requirements that states must abide by, including:
- Individualized Education Programs (IEPs): documents drafted with IEP specialists, the child's parent, the teacher, and the school district. The IEP will outline the child's annual goals and the specific support services the school district will provide the child so they can achieve those goals. IEPs should be amended at least once a year to reflect the child's progress. However, you can request an IEP meeting as often as you need.
- Reasonable accommodations: the federal government specifies that students with disabilities be given “reasonable accommodations,” though this term's definition varies from state to state. Essentially, the federal government is asking states to provide students with services and accommodations that will enable them to achieve the same level of education as their non-disabled peers. To determine which accommodations are reasonable, school districts will consider several factors, including cost and use of resources. For instance, if your child has a mild hearing deficiency, do not be surprised if the school district tries to use a front-row seat in the classroom as a “reasonable accommodation.” It is up to you to push back and show why having access to an interpreter is more helpful to their overall academic success.
- Least restrictive environment (LRE): Many people believe that students with disabilities will automatically be placed in a secluded special education setting. But Colorado actually requires that school districts place students with disabilities in the least restrictive environment based on their particular needs. Sometimes, this is a secluded special education setting. Most of the time, though, it is in a regular classroom with non-disabled peers.
As we've explained above, the only way to access the services and accommodations a child with a disability might need to succeed in school is to have a qualifying disability. Qualifying disabilities include:
- Autism Spectrum Disorder
- Deaf or hearing impairment
- Blindness or vision impairment
- Intellectual disabilities are decreased general intellectual functioning that exists alongside discrepancies in adaptive conduct that were first displayed during the developmental stage. These disabilities then prevent the child from getting a reasonable education from general education.
- Orthopedic impairments
- Serious emotional disabilities
- Specific learning disabilities
- Traumatic brain injuries
- Multiple disabilities
- Other health impairments, like leukemia, kidney disease, Tourette syndrome, and ADD or ADHA.
Colorado Law
Like most states, Colorado follows the federal laws that govern students with disabilities. However, it has also created and implemented the Exceptional Children's Educational Act (ECEA). The ECEA is divided into two parts, one of which concerns children with disabilities.
Under the ECEA, schools must create procedures to identify and educate children with disabilities. To follow through with this mandate, administrative units (school districts) must figure out the best placement and services for qualifying children between the ages of birth and twenty-one years old. Thus, if you believe your child qualifies and would be more successful in their academic and personal life, you must reach out to the school district.
If you feel like the school district is unable or unwilling to help your child, the attorneys at Lento Law Firm can help. They will review your case, potentially have your child evaluated by a third-party evaluator, and inform the school district of the findings. In cases where the school district still does not provide services to your child, Lento Law Firm will file a complaint and begin gathering evidence and witness testimony to support your argument, guaranteeing you the best possible outcome.
Every Student Succeeds Act
Similar to other states, in 2015, Colorado reauthorized the Elementary and Secondary Education Act, which became the Every Student Succeeds Act (ESSA). The ESSA essentially replaced the No Child Left Behind Act.
Under the No Child Left Behind Act, states were responsible for ensuring schools were held accountable for their student's academic achievements. There was a single common goal between all school districts in the country: to get all schools to ensure their students were proficient in math and reading.
When the ESSA was created, that framework became more flexible. Instead of having one goal, states could create their own achievements that students needed to meet. For instance, the ESSA provides four academic factors that the state needs to use when creating their assessment but then lets them pick a fifth one independently. The four required factors are:
- Math and reading test scores
- English-language competency test scores
- State-chosen academic measures for elementary and middle school students
- High school graduation rates
The fifth factor will revolve around school quality. So, it might include something like school safety, truancy rates, or kindergarten readiness.
Additionally, under the ESSA, if a school district sees that a particular subgroup of people is struggling to meet their academic milestones, they must create a plan to help them and notify the parents. This mandate includes students with disabilities.
Colorado Department of Education
The Colorado Department of Education Office of Special Education provides services and support to children and students with disabilities. As such, these services can start as young as birth and go until the child is 21 years old.
Early Intervention
Early Intervention Colorado is a program that provides developmental services and supports to families with children under the age of three years old. The goal is to help improve the child's ability to develop and learn by getting involved in their everyday routines and activities.
Anyone can refer a child to Early Intervention, including parents, guardians, doctors, or teachers. Once Early Intervention has been contacted, they will conduct an evaluation on the child to see what services and accommodations might help them. They will also draft a service plan that includes milestone goals, reevaluation dates, and deadlines for next steps.
Many of the services Early Intervention will provide include:
- Speech therapy
- Language support
- Physical therapy
- Occupational therapy
- Assistive technologies
Preschool Special Education Services
By the end of the child's second year, if they have already been enrolled in Early Intervention and they have not met the outcomes of their Individualized Family Service Plan, their plan may transition to the new plan for preschool.
Typically, your child will undergo an additional screening or evaluation just before their third birthday to ensure they are still eligible for services. If they are, the special education staff will develop their new plan for pre-school. Other times, you may be notified that your child still qualifies and schedule a plan meeting instead.
The hope is that by having a transition plan, there will be no gaps in the child's services.
Other Services for Colorado Springs Metropolitan Area Students
The Colorado Springs metropolitan area also offers other services that may be of use to a child with a disability, including:
- Enrolling and providing a FAPE for students with disabilities who have been displaced by events such as floods, fires, or other natural disasters, or homelessness.
- Providing special education and related services during the suspension of in-person learning, like during the COVID-19 pandemic.
- Providing special education and related services at no cost to parents throughout the year, even beyond the normal school year. These services are only provided when the IEP team determines that they are necessary to provide the child with a FAPE, and the evidence shows that ending services when the school year ends will significantly impact the educational benefit the student gained throughout the school year.
There are several programs to take advantage of if you live in the Colorado Springs metropolitan area and have a child with a disability. The earlier you start receiving these services, the better your child will be able to succeed in school and throughout their life.
How a Premier Education Law Team Can Help
If your child is denied the help they need to succeed in school, you have the right to push back. Many parents, though, are so overwhelmed with the rest of their lives that it is hard for them to muster the strength to pursue such an appeal. This is where the Lento Law Firm Education Law Team comes in. Not only can our attorneys advocate for your child on their behalf, but they can gather evidence and witness testimony to support their argument and get your child the best possible outcome for their case.
Don't let the overwhelming anxiety of what to do next derail you from your goal. Let Lento Law Firm help. Call 888-535-3686 today or schedule a consultation online.
