Federal education disability law is governed by two major laws known as The Americans with Disabilities Act (“ADA”) and the Individuals with Disabilities Education Act, most often referred to as the “IDEA.” Both laws put minimum protections in place for students with emotional, physical, and mental disabilities within the K-12 school system. The ADA, unlike the IDEA, is frequently applied in college and university settings as well.
Education laws are further governed by state and county laws where a student resides as well as policies within the local district. Parents of students with disabilities within the Columbus Metropolitan area should be informed of all applicable federal, state, and local laws that protect their student's educational and civil rights.
What Rights Apply in Public vs. Private Schools?
Unless a private school receives federal funds, federal laws do not apply. In some circumstances, a school district may place a student at a private school that is better suited to serve their needs. If this is the case, that student's IDEA rights will apply as if they were enrolled at a public school.
In other instances where parents choose to enroll a student at a private school, the district may use their funds to provide that student with special education services such as occupational therapy, speech therapy, etc.
If your student is enrolled in a private school such as Columbus Torah Academy, Saint Francis De Sales High School, or the Columbus School For Girls and is being discriminated against due to their disability, our Education Law Team can help you examine whether your student's school has violated any of their civil rights.
Columbus Metropolitan Area
According to data from The 2021 Census, the metropolitan area comprises 4,796.5 square miles and is home to over 2,151,000 people. The City of Columbus, which is expanding every day, is the largest city in Ohio and the 14th largest city in the United States. The area is comprised of the following six counties, which include Franklin County, Delaware County, Licking County, Madison County, Pickaway County, and Fairfield County. Some main cities within these counties include:
- Columbus
- Delaware,
- Powell
- Lancaster
- Perkington
- Canal Westchester
- Bexley
- Grandview Heights
- Groveport
- New Albany
- Logan
- Newark
- Heath
- London
- Marysville
The area includes dozens of school districts with schools servicing a wide array of socioeconomic communities. Although each of these districts may have different policies in place for their disabled students, they must follow federal and state education laws.
Colleges and Universities
The Columbus Metropolitan Area is home to dozens of higher institutions, including Ohio State University of Columbus, Ohio Wesleyan University, Denison University, and Kenyon College. Other schools also include the Central Ohio Technical College, Ohio Dominican University, as well as the Columbus College of Art & Design.
Although the IDEA does not apply at the collegiate level, students who had Individualized Education Plans (“IEPs”) in high school can share their plan with their school's disability office to request disability accommodations such as teacher-provided copies of notes, scribes, book on tape, etc. Because federal education law mandates that students assume responsibility for their educational rights on their 18th birthday, colleges will expect their students to advocate for their educational support.
The ADA, as well as Section 504 of the Rehabilitation Act of 1973, do apply at the collegiate level and together ensure that disabled students receive equal educational opportunities as their non-disabled peers. Each of these laws is examined more below.
The Nuts and Bolts of the IDEA
The IDEA is a federal law that protects the rights of students with disabilities by requiring school districts to provide modifications, support, and services tailored to their unique educational needs. The law refers to these requirements through a catch-all term called “FAPE,” standing for free and appropriate public education. Under the IDEA, public schools must provide eligible students aged 3-21 (or graduation, whichever comes sooner) with a special education program that is designed for them to both receive an educational benefit and make educational progress.
What is Child Find?
Under the IDEA, school districts, such as Dublin City Schools District and Olentangy Local School District, must adhere to a doctrine known as “child find.” Child Find requires school districts to find, identify, and assess” any student within their district who may need special education services. The bar for this requirement is extremely low, and when in doubt about a student's needs, districts should conduct assessments to ensure that the student does not have a qualifying educational disability.
After a school district assesses a student, they must then determine whether that student qualifies for special education services. The IDEA identifies 13 separate eligibility categories, which include:
- Specific learning disabilities such as dyslexia or dysgraphia.
- Other Health Impairments that may limit a student's strength, energy, or alertness, such as ADHD.
- Autism Spectrum Disorder.
- Emotional Disturbances such as generalized anxiety disorder, depression, oppositional defiant disorder, etc.
- Speech and Language Impairments such as receptive or expressive speech disorders.
- Visual impairments.
- Deafness.
- Hearing impairments that are not considered deafness.
- Deafblindness.
- Intellectual Disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or lower-than-average cognitive abilities.
- Orthopedic impairments such as Cerebral Palsy.
- Traumatic Brain Injury.
- Multiple Disabilities
If a school district fails to properly find, identify, and assess a student who is eligible to receive special education services due to a disability in any of the above categories, parents can seek compensatory educational services and funds by filing a formal complaint known as a “Due Process Complaint.” If you believe that your child's school has failed in its Child Find duties, contact the Lento Law Firm's Education Law Team for assistance.
The Americans With Disabilities Act and Section 504 Of The Rehabilitation Act Of 1973
The Americans with Disability Act protects all disabled students from preschool through post-secondary education by ensuring that they receive equal educational opportunities as their non-disabled peers. This means that schools must provide services, programs, accommodations, and activities for disabled students which help them integrate into campus life. For example, schools must ensure that their campus is accessible to students in wheelchairs or visually impaired students by constructing wheelchair-accessible buildings or providing braille signs.
Equally important, Section 504 of the Rehabilitation Act of 1973 (“Section 504”) requires schools to make modifications to their policies and practices so students with disabilities can participate in school programs and activities “alongside their non-disabled peers as much as possible.” For example, if a student with cerebral palsy is not mobile, the district should develop a 504 Plan that accommodates the student by offering transportation assistance, modified physical education opportunities, etc.
What Do the Terms IEP, Least Restrictive Environment, and FAPE Even Mean?
Collectively, the IDEA, ADA, and Section 504 all require schools to provide students with disabilities support and services to access their education. But how is this accomplished?
IEPs
Under the IDEA, school districts must provide qualifying disabled students with a legally binding Individualized Education Program (“IEP) that is uniquely tailored to their individual needs. IEPs are drafted with input from IEP team members, who consist of a student's teachers, counselors, service providers, parents, etc. Under the IDEA, the team must meet at least annually to agree upon an IEP that will be in place for the upcoming academic year.
An IEP must also include the following:
- A description of the student's “present levels of academic and functional performance,” which will be used to help the team draft the student's upcoming goals.
- Annual goals that are uniquely tailored to a student's needs. These goals must be measurable and ambitious.
- A statement on what related services (if any) will be put in place to help a student achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech and language services, etc.
- Any accommodations on campus that will help the student more easily access their education, such as preferential seating, assistive devices, etc.
- Any modifications to the curriculum that the team may decide on, such as limited homework assignments, longer time to complete assignments, etc.
- A description of the student's academic placement with specific attention to how much time a student will spend in a general education versus a special education setting.
Additional items can vary from student to student but can include statements on the student's behavior, testing results, etc.
Most of the litigation in special education matters stems from arguments regarding the drafting and implementation of an IEP. If you feel as though your child's school district has failed to draft an appropriate IEP that enables them to make meaningful academic progress or has failed to truly implement their IEP, contact our Education Law Team today for more information regarding compensatory education.
Least Restrictive Environment
Aside from drafting and implementing an appropriate IEP, districts must also ensure that disabled students are educated alongside non-disabled peers to the “maximum extent possible.” For instance, a district should hire a sign language interpreter for deaf students so they can attend general education classes versus separating them into different classrooms to watch videos online. Although school districts may attempt to segregate disabled students for reasons such as staffing or resources, they are required to consider what accommodations could help a student integrate into a general education environment first before removing them to a more restrictive learning environment.
FAPE
As mentioned above, the IDEA requires that disabled students receive a free and appropriate public education similar to their non-disabled peers. In the instance that a school district fails in their child find obligations by failing to find, locate and assess students in need of special education services, they have denied them access to FAPE because the student's education would be far from appropriate for their needs. Likewise, if a school district fails to draft a proper IEP or implement an IEP, they have also denied the student FAPE. Finally, if a student is not placed in the appropriate educational environment such that they cannot make meaningful progress, like the example with the deaf student discussed above, they have also denied the student FAPE.
If you feel as though your student has been denied a FAPE, our Education Law Team can walk you through the process of receiving compensatory services and education funds from the district.
What Laws Protect My Disabled Student From Being Bullied?
Although the IDEA does not explicitly address bullying, it does require that disabled students be able to access their education in a way that is meaningfully beneficial to them. If your student is anxious, sad, or depressed at school because they are bullied, the school has failed to create an accessible educational environment.
Although the IDEA does not address bullying, Section 504 and the ADA mandate that schools must create safe and inclusive environments for disabled students. If your student has been victimized and bullied because of their disability, compensatory education may be available.
Ohio Law
The Ohio Operating Standards for the Education of Children with Disabilities are guidelines established by the Ohio Department of Education that provide various operating standards in line with the IDEA. The standards provide detailed enforcement mechanisms that Ohio school districts are expected to put in place to comply with the IDEA. For instance, section 3301-51-08 provides clarity to district employees about how Ohio school districts should carry out their child find requirements.
Protect Your Student's Right to an Education
Federal law provides all students the right to a free and appropriate public education that is uniquely tailored to their academic needs and designed for them to make meaningful academic progress. If you live in the greater Columbus Metropolitan Area, you need to be aware of your student's rights under federal and state law. Although parents often expect and lean on educators to act in full compliance with the law, this isn't always the case. While some districts may argue that a student can access their education and is making academic progress, parents often know their child best. If and when a school district fails to treat your disabled student lawfully and equitably, you should be prepared to challenge their actions. The good news is you don't have to do this alone!
The Lento Law Firm is a premier National Education Law Firm that serves students with disabilities. Our experienced advocates are passionate about uncovering your child's unique potential and ensuring that their school adheres to federal and state special education laws. Contact us today for a consultation by calling (888) 535-3686 or using our online contact form.
