If your child has special needs, you might often get the sense that they aren't getting the education they need or making progress in school. You may feel like you should take action to correct this lack of progress but might be unsure about how to effectively raise these issues with your local school district. Luckily, in the Durham-Chapel Hill Metropolitan Area, there are several federal, state, and local laws in place that school districts must adhere to. These laws protect students with special needs and guarantee that they get an appropriate education.
As a parent of a special needs child, it's crucial to become familiar with these laws that safeguard your child's educational rights. At the Lento Law Firm, our Education Law Team has extensive experience in championing the rights of special needs children. We're here to support you in ensuring your child receives the education they not only deserve but are entitled to under the law. Call our firm at 888-535-3686 or submit your question in our online form so we can start discussing your case with you.
Durham-Chapel Hill Metropolitan Area
The Durham-Chapel Hill Metropolitan Area of North Carolina has a population of 664,000 and covers nearly 2,300 square miles. About 91 percent of residents have a high school degree, and half of residents have a bachelor's degree or higher. The Durham-Chapel Hill Metro Area is made up of five counties and many cities and towns:
- Chatham County
- Baldwin
- Center
- Bear Creek
- Gulf
- Pittsboro
- Cape Fear
- Durham County
- Durham
- Triangle
- Oak Grove
- Lebanon
- Mangum
- Carr
- Granville County
- Butner
- Oxford
- Creedmoor
- Orange County
- Chapel Hill
- Carrboro
- Hillsborough
- Person County
- Roxboro
Public and Private Schools in the Durham-Chapel Hill Metropolitan Area
The Durham-Chapel Hill Metropolitan Area is home to several large schools, many of which are part of the Durham Public Schools district. Jordan High School, Durham School of the Arts, Riverside High School, Hillside High School, Voyager Academy, and Northern High School are some of the largest. Some of the largest private schools are Durham Academy, Trinity School of Durham & Chapel Hill, Carolina Friends School, and Emerson Waldorf School.
Do Special Education Laws Apply in Private Schools?
The general rule is that federal special education laws do not apply to private schools because these schools don't receive federal funding. They're primarily funded through tuition fees. In some limited cases, these laws may apply to private schools, however.
For some students, the public school district might acknowledge that it lacks the resources a special education student needs and may transfer the student to a nearby private school and cover the tuition costs. This decision to place the student must be on the part of the district—if a parent decides to place their child in a private school because there is better access to special education services, the responsibility for tuition rests on the parents, not on the public school district.
Colleges and Universities in the Durham-Chapel Hill Metropolitan Area
The Durham-Chapel Hill Metro Area is home to several impressive colleges and universities, both public and private. The University of North Carolina at Chapel Hill, Duke University, and North Carolina Central University are just a few. The Individuals with Disabilities Education Act (IDEA), which is discussed in more detail below, doesn't apply to students enrolled in institutions of higher education (post-high school). Students won't have teachers and staff to create a plan for their educational needs; they'll have to learn to advocate for what they need themselves. Publicly-funded colleges and universities must provide accommodations to students who ask for them, but these schools won't actively seek out students who need special education services like K-12 schools are required to do.
Federal Special Education Laws
Special education law is mainly dictated by federal legislation, which schools are required to implement as a prerequisite for receiving federal funds. The two major federal laws that focus on the rights of special education are the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).
The Individuals with Disabilities Education Act (IDEA)
IDEA is a federal law that protects the rights of students with disabilities. It requires that school districts offer specific modifications, support, and services to meet the distinct educational needs of students with special needs. Under IDEA, students qualify for special education if they are between the ages of 3 and 21. This eligibility ends either when the student graduates from high school or reaches the age of 22, whichever occurs first. IDEA is a huge, complex federal law with several components. We've highlighted the main concepts you should be aware of below.
Free and Appropriate Public Education (FAPE)
One of the most important terms from IDEA you should familiarize yourself with is "FAPE," which is short for Free and Appropriate Public Education. According to IDEA, public schools are required to offer eligible students a tailored educational program designed to meet their specific needs, free of charge. As per federal law, a child is considered to be receiving FAPE if the education prepares them for further education, employment, and independent living.
Should a school district not meet its obligation to provide FAPE to a student with disabilities, parents have the right to file a due process complaint to seek compensatory education hours.
Child Find
Section 300.11 of the IDEA includes a principle called "Child Find" that school districts must follow. Child Find says that school districts must actively seek out, identify, and evaluate students within their jurisdiction who might require special education services. IDEA places this responsibility on educators, not parents, because it's understood that educators possess the necessary expertise and training to identify early signs of disabilities and realize that these signs could indicate a deeper issue.
According to Child Find, if a teacher or any educational staff member suspects a student may have a disability, they are required to arrange an assessment for special education services for that student. IDEA sets out strict rules and timelines for school districts to ensure that these assessments are conducted promptly and thoroughly. If you suspect that your child's educators might have missed signs of a learning disability, feel free to reach out to our Education Law Team today. We can help you approach your district's special education coordinators and negotiate for testing and evaluation for your child.
Least Restrictive Environment
Section 300.114 of the IDEA includes a legal obligation under IDEA called "Least Restrictive Environment" (LRE). This requirement stipulates that, to the greatest extent possible, students with disabilities should be educated alongside their peers who don't have disabilities. The principle behind LRE is to prevent the unnecessary isolation of students with special needs from regular classrooms, thereby avoiding further alienation from their peers.
While the primary objective of LRE is to enhance a student's participation in mainstream education settings, the law does acknowledge that there are scenarios where students with special needs may need to be placed in distinct settings for individualized support. Nonetheless, the overarching aim is to integrate these students into general education settings. Placement into special environments away from peers shouldn't be the default; it should be the alternative when integration in general education isn't possible.
Individualized Education Plans
If a school district determines that a child is eligible for special education, they must provide the student with an Individualized Education Plan (IEP). This document, mandated by IDEA, specifies the accommodations and support services that a student with disabilities may require in order to access their education. Each student's IEP will be unique and tailored to their individual needs; for example, a student with a speech disability may have an IEP that includes speech therapy, while a student with physical limitations may receive occupational therapy services. IEPs must include academic goals and a curriculum that aligns with grade-level standards.
An IEP is similar to a legal agreement, meaning if a school district fails to fulfill the terms outlined in an IEP, they can be held accountable for breaching their agreement with the student. As a parent, you'll be able to take action via a due process complaint against the school.
Qualifications for IEPs
If your child is either on an IEP or has been turned down for one, you're probably familiar with the eligibility requirements. Once a school district has completed comprehensive evaluations, it needs to decide if the student is eligible for special education services based on whether one or more recognized disabilities impact their educational access. According to IDEA, a student can be eligible for special education if they have a disability that falls under any of these 13 distinct categories:
- 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.
In cases where a student has multiple disabilities, school districts must address all of the student's needs, regardless of which disability is the primary one.
What's Included in an IEP?
Every IEP will be unique for each student, as stated in Section 300.321 of IDEA. This section requires that each IEP includes the following elements:
- A description of the student's current academic and functional performance levels, which will serve as a basis for developing the student's future goals.
- Specific and measurable annual goals that are tailored to the student's individual needs and are challenging.
- An outline of any related services that will be provided to the student to help them achieve their goals and access their education. These services may include one-on-one instruction, occupational therapy, speech and language therapy, etc.
- Any accommodations that will be implemented on campus to facilitate the student's access to education, such as preferential seating or assistive devices.
- Possible modifications to the curriculum that may be necessary for the student, such as reduced homework or extended time for completing tasks.
- Details about the student's academic placement, including the amount of time they will spend in general education compared to any specialized education settings.
- Additional items that may vary depending on the student, such as information about their behavior or assessment results.
If a school district fails to adequately address any of these components in a student's IEP, parents have the right to request compensatory education through a due process complaint.
Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities Act (ADA) ensures that students with disabilities, from preschool to higher education, have access to educational opportunities equivalent to those of their peers without disabilities. IDEA only covers K-12 students; when students reach college, their rights are protected by the ADA. Educational institutions are responsible for providing services, programs, accommodations, and activities that facilitate the inclusion of disabled students in campus life. If educational facilities, such as dormitories, are not accessible to students with disabilities—lacking wheelchair access, for example—these students may have grounds to file discrimination claims against their schools for infringing upon their civil rights.
Similarly, Section 504 of the Rehabilitation Act of 1973, commonly referred to as simply "Section 504," mandates that educational institutions modify their policies and practices to enable students with disabilities to participate in school programs and activities to the same extent as their peers without disabilities. For instance, if a student with a mobility impairment due to a neurological condition attends the school, the district is required to create a 504 Plan that includes specific accommodations, such as transportation assistance or adapted physical education, to support the student's needs.
North Carolina Special Education Laws
North Carolina State Law incorporates the principles and elements of the ADA and Section 504 through Article 9 of state legislation. Article 9 outlines the specific criteria that school districts must adhere to in order to fulfill the obligations set forth by IDEA, such as identifying and serving students with disabilities, providing a free and appropriate public education, and ensuring the least restrictive environment. Additionally, Article 9 serves as a reference for North Carolina Schools to use when determining the allocation of funds and resources for students with special needs.
Contact Our Special Education Attorneys in the Durham-Chapel Hill Metropolitan Area
Dealing with the intricate web of federal, state, and local laws that protect your child's educational rights can seem overwhelming, particularly when you're also managing the responsibilities of parenting a special needs student. Luckily, our Education Law Team at the Lento Law Firm is experienced in these areas and is prepared to assist you. We're dedicated to safeguarding your child's rights and their educational journey. Reach out to us today by calling 888-535-3686 or through our online contact form.
