Navigating the process of receiving disability services can be incredibly challenging for students and their families. With different federal and state laws, it makes sense that students and parents might not understand what they are entitled to under the law and how which services they are entitled to differ as the student transitions from the K-12 school system to the secondary education system. No student deserves to face difficulties in their educational environment, and no student who is struggling in their current educational program because of their disability should accept the situation as good enough. Every student should be in an educational environment where they can thrive emotionally, physically, and academically.
It can feel overwhelming and even hopeless if you are a student or the parent of a student with a disability and your needs are not being met at school, but it doesn't have to be this way. The Lento Law Firm's Education Law Team assists students and their parents in getting the appropriate special education services and disability accommodations in the Greensboro-High Point area. Our Team will walk you through your or your child's legal rights and entitlements through every step of their education, from kindergarten to college graduation. Nothing should get in the way of your child's education; let us advocate for your child today by calling (888) 535-3686 or contacting us online to schedule a consultation.
Relevant Laws
Three federal laws govern the education of students with disabilities; these laws are the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973 (Section 504). North Carolina also has its own law regarding the education of children with disabilities.
If your child is in the pre-K to 12 education system, the law you will likely be operating under is IDEA; it is the law most commonly used for pre-K to 12 students to gain access to special education services. IDEA mandates that children with disabilities receive a free, appropriate public education in the least restrictive environment for the student. Unlike the ADA and Section 504, IDEA is not an antidiscrimination law. The key feature of IDEA is that it legally entitles all students with a qualifying disability to an Individualized Education Plan (IEP). The IEP is a legally binding written document between your child, you, and your child's school district that details everything related to your child's special education services and accommodations.
Both Section 504 and the ADA are antidiscrimination laws. Section 504 explicitly prohibits any entity receiving federal funding from discriminating against persons with disabilities and extends civil rights protections to people with disabilities. As an alternative to the IEP, Section 504 has what is called a Section 504 Plan. These plans include the services and aids the student will be receiving. They are less formal than the IEP and do not need to be a written document, but having the plan in writing is always wise.
The ADA prohibits discrimination against anyone with a disability in accessing federal, state, and local government services; this includes all public schools. Because there is no age limitation, this law covers everyone of any age with a disability; this law is often relied upon for accommodation in college and university settings.
IDEA covers all public school districts K-12, Section 504, the ADA, or a combination of the three. Coverage includes regular public schools, public charter schools such as Greensboro Academy and Cornerstone Charter Academy, and magnet schools like the Weaver Academy for Performing and Visual Arts and Advanced Technology.
Disability Rights in K-12 Education
Guilford County Schools is the main school district in the Greensboro-High Point area. This public school district comprises 126 public schools attended by over 69,000 students. In K-12 education, students with disabilities are legally entitled to special education services and programs. Special education is simply “the education of children who differ socially, mentally, or physically from the average to such an extent that they require modifications of usual school practices.”
The North Carolina Department of Public Instruction's Office of Exceptional Children is one entity you may become familiar with if your child has a disability. This office " ensures that students with disabilities develop intellectually, physically, emotionally, and vocationally through the provision of an appropriate individualized education program in the least restrictive environment." While this office establishes rules and guidelines for school districts on implementing the relevant laws, you will work most closely with your child's school and school district, most likely Guilford County Schools.
Who Qualifies for Special Education in Greensboro-High Points K-12 School Systems?
To qualify for special education under IDEA, the most common law under which pre-K to 12 students obtain services, a child's disability must fall into one or more of the following disability categories:
- Autism
- Deafblindness
- Developmental delay (DD)
- Emotional disturbance (ED)
- Hearing impairment/deafness
- Intellectual disability (ID)
- Orthopedic impairment (OI)
- Specific learning disability (SLD)
- Speech-language impairment (SLI)
- Traumatic Brain Injury (TBI)
- Visual impairment (VI)
- Multiple disabilities (MD)
- Other health impairment (OHI)
What is the Process for Getting My Child Special Education Services?
Obtaining special education services for your child's disability will be a rigorous multi-step process. The process can feel long and painful, but getting your child the services they need is one of the most important things you can do to ensure their academic and lifelong well-being. When getting disability or special education services under IDEA, you will go through the following steps:
Referral
Children can be referred for special education and disability services through various channels. Often, it is the parent or teacher who will make this referral. Still, each state has a program called Child Find, which aims to identify, locate, and refer children for special education services.
Evaluation
Evaluations are essential in diagnosing your child and determining which services will best meet their academic, emotional, and physical needs. Evaluations are conducted by relevant professionals such as social workers, psychiatrists, teachers, and physicians. Which evaluations you proceed with will be dependent on their suspected disability, but common evaluations include:
- Psychological evaluations
- Educational evaluations
- Speech-language processing evaluations
- Behavior evaluations
- Fine motor skills evaluations
Eligibility Determination
If your child's evaluations reveal that they fall within one of the disability categories discussed above, they will be eligible for an IEP. You and your child's school district will meet to discuss results. You are collectively referred to as the IEP Team, and you, as the parent, also have decision-making power. If you and your school district have differing opinions on the evaluation results, you can request an Independent Educational Evaluation. It is not your financial burden to pay for this second evaluation; it is the school district's financial responsibility.
Developing and Implementing the IEP
When your child is eligible for an IEP, their IEP Team will develop the document, which will detail what services and accommodations your child needs and the specifics for how those will be implemented. The IEP will also set goals for your child's educational progress, outline reevaluation timelines, and more. The school district must immediately implement your child's IEP when it becomes finalized.
Review and Revision of the IEP
Under IDEA, IEPs must be reviewed annually to ensure that the plan works for your child and that their educational goals, objectives, and benchmarks are met. This helps the IEP Team see what is and is not working for your child. If something isn't working, revisions will be made to your child's IEP.
Reevaluation
IDEA also requires reevaluating students every three years. Some evaluations completed during the initial IEP eligibility determination will be repeated if necessary. Following reevaluations, the IEP Team will discuss whether special education is still necessary and, if yes, whether services need to be added or removed from the IEP.
Disability Rights in Colleges and Universities
North Carolina, particularly the Greensboro-High Point area, is a higher education hub with over ten colleges and universities. The area's three largest universities, University of North Carolina Greensboro, North Carolina Agricultural and Technical State University (North Carolina A&T), and Wake Forest University, combined have over 40,000 students enrolled. Other major colleges and universities in the Greensboro-High Point area include:
- Guilford College
- Bennett College
- Greensboro College
- Guilford Technical Community College
- Elon Law School
- High Point University
- University of North Carolina School of the Arts
- Winston Salem University
- Salem College
Unfortunately, the same rights to a free public education with appropriate accommodations do not apply to higher education at colleges and universities. Significant differences exist between what students are entitled to and how they can access disability accommodation services in secondary education compared to what your child faced in the pre-K to 12 system.
Who Qualifies for Disability Services in Greensboro-High Points Colleges and Universities?
Of course, it isn't just as simple as continuing with the same IEP your child used in high school; in fact, there is no IEP option at this educational stage – that would be too easy. Colleges and universities comply with the ADA and Section 504, not IDEA, regarding requirements for students and applicants with disabilities. Unlike the disability categories under IDEA, these laws have different means of identifying those with disabilities. Under the ADA and Section 504, a person with a disability is one who has (a) a physical or mental impairment that substantially limits one or more of such person's major life activities, (b) has a record of such impairment, or (c) is regarded as having such an impairment."
What is the Process for Getting College or University Student Accommodations?
What students are entitled to at the college level varies drastically from primary education. In primary education, your child was legally entitled to that education, so schools ultimately needed to do everything possible to meet your child's needs. In college, this is not the case; students are entitled to reasonable accommodation. The ADA and Section 504 define reasonable accommodation as “the provision of certain necessary and effective adjustments to the known physical and mental limitations of an otherwise qualified individual with a disability, unless the accommodation would impose an undue burden or hardship on the university, or would produce a fundamental alteration of the university's programs or services.”
Each college or university's procedure for obtaining these accommodations may vary slightly. Still, each school will have an office to assist students with disabilities and a Section 504/ADA Compliance Coordinator. For example, at UNC Greensboro, the appropriate office is the Office of Accessibility Resources and Services; at North Carolina A&T, it's the Office of Accessibility Resources.
Students seeking accommodations must identify themselves, request accommodation, and provide supporting documentation. Their college or university has no obligation and will not attempt to identify a student with a disability or provide evaluative services as is done in the K-12 system. College students are responsible for navigating this system, while parents can provide external support. However, colleges and universities, by law, cannot contact a student's parents regarding their disability or academic performance unless a student has consented in writing otherwise.
For non-physical disabilities, the type of accommodations that can be requested is more limited because the college has no obligation to make academic adjustments that fundamentally alter the educational standards of the coursework or change course requirements. Common accommodations for students with disabilities in college include:
- Alternative testing arrangements (e.g., in a quiet room with fewer students)
- Extended time on exams
- Extended assignment deadlines
- Providing a notetaker
- Providing auxiliary aids (e.g., assistive tech like screen readers, modified keyboards, etc.)
- Providing tests in alternative formats
- Providing Interpreters
Retain the Lento Law Firm Education Law Team
Whether you are a student or the parent of a student with a disability, you don't need to deal with fighting for disability services on your own. With over 100,000 students in the Greensboro-High Point area, getting a school's full attention can be difficult, but it is crucial to the academic success and long-term well-being of your child. Let the Lento Law Firm's Education Law Team help you. Contact us online or at (888) 535-3686 today to get started.
