If your child is disabled or you suspect they may have an emotional, mental, or physical disability, you are likely concerned about their future. Special education law in the Nashville Metropolitan area is governed by federal and state education laws as well policies of local school districts.
The major federal laws that protect special needs students are The Americans With Disabilities Act (“ADA”) and the Individuals With Disabilities Education Act (“IDEA.”) Together, these laws ensure that students with mental, emotional, and physical disabilities can access and make progress in their education. These laws also set strict standards that public schools must adhere to when educating any child who already has or is suspected of having a disability.
The Nashville Metropolitan Area
According to data from The 2021 Census, the Nashville Metropolitan Area is home to approximately 2,013,506 people who are spread out amongst 5,689.4 square miles. A large majority of the population consists of families headed by married couples, followed by non-family households. The area's Chamber of Commerce further boasts that the 10-county economy is “the largest metropolitan area within a five-state region.” Some of the major cities within the area's counties include:
- Cheatham County
- Ashland
- Kingston Springs
- Pegram
- Pleasant View
- Davidson County
- Belle Meade
- Berry Hill
- Forest Hills
- Goodlettsville
- Oakhill
- Ridgetop
- Dickson County
- Dickson
- Charlotte
- White Bluff
- Burns
- Vanleer
- Slayden
- Maury County
- Columbia
- Mount Pleasant
- Montgomery County
- Clarksville
- Cunningham
- Palmyra
- Southside
- Woodlawn
- Robertson County
- Springfield
- Greenbrier
- Cross Plains
- Cedar Hill
- Coopertown
- Adams
- Orlinda
- Rutherford County
- Murfreesboro
- Smyrna
- La Vergne
- Eagleville
- Christiana
- Walterhill
- Sumner County
- Gallatin
- Goodlettsville
- Hendersonville
- Millersville
- Mitchellville
- Portland
- White House
- Williamson County
- Franklin
- Brentwood
- Nolensville
- Thompson's Station
- Fairview
- Wilson County
- Lebanon
- Mt. Juliet
- Watertown
- Gladeville
- Tuckers Crossroads
- Norene
- Statesville
- Rural Hill
School Districts, Private Schools, and Universities in the Nashville Metropolitan Area
The Nashville Metropolitan area is home to dozens of school districts that span a wide array of socioeconomic communities. The largest school district is the Metro Nashville Public School District, which encompasses 159 schools. Other school districts include Rutherford County Schools District, Williamson County School District, and Sumner County Schools. Although each of these districts may have different policies in place for their disabled students, they must follow federal and state education laws.
The Metropolitan Area is also home to many well-known private schools, such as the University School of Nashville, The Ensworth School, Battle Ground Academy, and Christ Presbyterian Academy. In most cases, private schools are not bound by the same federal education laws because they rely on tuition costs rather than federal funding. In some instances, private schools may receive federal funds, which can affect what federal laws apply on their campuses.
You may have heard about special needs students who attend private schools because these schools are better suited to serve their needs. In some cases, a school district may decide to place a student in a private school that is better suited to serve their needs, such as low or extremely high-functioning Autistic students. However, because these students are placed at a private school by the district, their IDEA rights will apply as if they were enrolled at a public school, and in most cases, the district will fund their tuition. If Parents, and not the school district, choose to enroll their student at a private school, they are considered “parentally placed” under the IDEA and are not entitled to services at the school district's expense. School districts should, however, set aside a portion of their budget to provide services, such as occupational therapy, speech therapy, etc., for private school students within their boundaries, but this is not guaranteed.
Colleges and Universities in the Nashville Area
The Nashville Metropolitan Area is home to dozens of higher institutions. One of the most well-known is Vanderbilt University, which is also one of the area's leading employers. Additional campuses include Lipscomb University, Belmont University, and Tennessee State University.
Although the IDEA does not apply at the collegiate level, students who had Individualized Education Plans (“IEPs”) in high school can use their special education experience to advocate for themselves at the collegiate level. Students can also share recent high school assessments with their school's disability office to request disability accommodations such as teacher-provided copies of notes, scribes, books on tape, etc.
Although the IDEA does not apply at the collegiate level, both the ADA as well as Section 504 of the Rehabilitation Act of 1973 do apply. These laws ensure that disabled students receive equal educational opportunities as their non-disabled peers.
Special Education Rights Under the IDEA
FAPE
The IDEA was first passed in 1975 and is a federal law that protects the rights of students with disabilities. Although the law has seen some updates throughout the years, it mainly protects disabled students by requiring school districts to provide modifications, support, and services tailored to their unique educational needs.
The most frequently used term from the IDEA is the acronym “FAPE,” which stands for free and appropriate public education. Under the IDEA, public schools must provide eligible students aged 3-21 (or graduation from high school, whichever comes sooner) with a special education program that is designed for them to both receive an educational benefit and make educational progress at the public's expense. What is appropriate will vary from student to student and their needs.
Child Find
Under Section 300.11 of the IDEA, school districts 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. If an educator has any reason to suspect that a student may have a disability, they should recommend that the student be assessed for possible special education services.
A large amount of special education litigation stems from Child Find violations. If a school district fails to identify a student in need of special education services who is later deemed eligible, parents may bring a Due Process complaint seeking compensatory education for services that their student should have already been receiving. The goal is not to punish the school district but to provide students with additional support that they need to catch up academically.
IDEA Eligibility
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
These categories are important because they establish a framework for identifying students with needs. They also equalize the educational system by providing fairness and consistency in special education eligibility regardless of the individual student, their parents, or their relationship with their school district.
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.
Individualized Education Plans
Under the IDEA, school districts must provide qualifying disabled students with a legally binding Individualized Education Program (“IEP.) The IEP must be designed to meet a student's unique individual needs and must also be challenging enough for them to make academic progress. An IEP is essentially just a contract between a school district and a student that details what steps the school district will take each year to help a student reach their educational goals. If a school district fails to draft an appropriate IEP or fails to implement it according to its terms, parents can bring a legal complaint, known as a due process complaint, against the school district.
IEPs are drafted with input from a student's IEP team members. Members consist of a handful of participants, including a student's teachers, counselors, service providers, parents, etc. Parents, in particular, are guaranteed certain participation rights under Section 300.322 of the IDEA, such as the right to counsel, the right to have an interpreter present, the right to receive copies of their child's assessments and IEP, the right to be notified well enough in advance of the meeting, etc. An IEP team must meet at least annually to agree upon an IEP that will be in place for the upcoming academic year.
IEP Components
Although each IEP will differ from student to student, Section 300.321 of the IDEA requires that each IEP include the following components:
- 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 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. If a school district fails to adequately address one of the sections on a student's IEP, parents may be able to seek compensatory education under a due process complaint.
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
If you have researched special education laws, you've likely heard the term “LRE.” LRE stands for “Least Restrictive Environment” and is a right codified under Section 300.114 of the IDEA. Under this section of IDEA, students must be educated alongside their non-disabled peers to the greatest extent possible. For example, if a student only needs speech therapy, they should only be pulled out of the general education environment to receive this service for a specified weekly time rather than being placed in a completely separate classroom. Each student's LRE rights will vary based on what level of support or services they need to participate in a general education environment.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The second important federal education law is the Americans with Disabilities Act. This Act protects all disabled students from preschool through post-secondary education by ensuring that they receive educational opportunities in a manner that is equal to their non-disabled peers. This means that schools must provide things like services, programs, accommodations, and activities for disabled students which help them integrate into campus life. Examples of these accommodations may include wheelchair ramps, materials in Braille, etc.
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. A Section 504 Plan is also a form of a contract but focuses on what reasonable accommodations a student should receive to access their education. An IEP, on the other hand, is more comprehensive and reserved for students who need a tailored educational plan rather than just accommodations to access their education.
Violations under the ADA or Section 504 are not addressed through due process claims and are instead handled through civil rights litigation. At times, school districts may wrongfully opt to provide a student with a less costly 504 Plan than an IEP. If you believe that your child has wrongfully been denied an IEP, contact our Education Law Team for assistance.
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. Both 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.
Tennessee Special Education Laws
In addition to the IDEA, ADA, and Section 504 discussed above, federally funded schools in Tennessee must also adhere to the state's special education laws and policies. A majority of the state's special education laws are found within Tennessee Rule 0520-01-09, which outlines how the state will implement the IDEA within its school districts.
Special Education Attorneys in the Nashville-Davidson-Murfreesboro-Franklin Area
If you are overwhelmed by navigating the complex arena of your child's educational rights, we can help! The Education Law Team at The Lento Law Firm cares about your child's rights and educational future. Contact us today by calling (888)535-3686 today or by visiting our online contact form.
