Special needs students in the Providence-Warwick Metropolitan Area are protected by a handful of federal, state, and local laws that ensure they receive a quality education and are free from discrimination. As a parent with special needs, you have likely faced bureaucratic challenges from your child's service providers, medical care providers, and educators. Our Education Law Team at the Lento Law Firm understands the immense pressure you are under to advocate for your child and is here to guide you through the challenging task of securing a meaningful education for them.
The Providence-Warwick Metropolitan Area
The Providence-Warwick metropolitan area is situated in the Northeastern part of the United States, along the Atlantic coast. The region spans two states and encompasses the southern part of Rhode Island and a portion of southeastern Massachusetts. The area is known for its several bays and waterways, home to locals, and as a tourist vacation spot. The area has historical ties to manufacturing and maritime industries, which remain prominent today.
According to data from the 2021 Census, the area is home to over 1.6 million people, spread out over 1,587 square miles. Most of the population is married couples, followed by households of non-family members and female-led households.
The area is made up of the following counties and cities:
- Bristol County, Massachusetts
- Taunton
- New Bedford
- Swansea
- Attleboro
- Fall River
- Dighton
- Rehoboth
- Dartmouth
- North Attleborough
- Freetown
- Norton
- Westport
- Raynham
- Fairhaven
- Acushnet
- Somerset
- Seekonk
- Berkley
- Easton
- Mansfield
- Bristol County, Rhode Island
- Bristol
- Warren
- Barrington
- Kent County, Rhode Island
- West Greenwich
- Coventry
- West Warwick
- East Greenwich
- Warwick
- Newport County, Rhode Island
- Newport
- Middletown
- Jamestown
- Tiverton
- Little Compton
- Providence County, Rhode Island
- Providence
- North Providence
- Pawtucket
- Cranston
- East Providence
- Woonsocket
- Cumberland
- Lincoln
- Johnston
- Smithfield
- Central Falls
- North Smithfield
- Burrillville
- Scituate
- Glocester
- Foster
- Washington County, Rhode Island
- Westerly
- Narragansett
- South Kingstown
- Richmond
- North Kingstown
- Charlestown
- New Shoreman
- Exeter
- Hopkington
- Weekapaug
School Districts, Private Schools, and Universities in the Providence-Warwick Metropolitan Area
The Providence-Warwick Metropolitan area is home to dozens of school districts that span a wide array of socioeconomic communities. Some large school districts include Barrington Public Schools, East Greenwich Public Schools, Narragansett School System, Easton Public Schools, Mansfield Public Schools, and Little Compton School Districts. Although each of these districts may have different policies in place for their disabled students, they must follow federal and state education laws.
Some well-known private schools include The Wheeler School, Moses Brown School, The Gordon School, Nazarene Christian Academy, and Friends Academy. If your special needs student is currently attending a private school, it's essential to understand that, in most cases, these schools will not be bound by the same federal education laws. Unless a private school receives federal funds, federal laws do not apply.
What Special Education Laws Apply in Private Schools?
Section 1412 of the Individuals with Disabilities Education Act addresses the rights of special needs students in private schools. 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 federal special education rights (discussed below) will apply as if they were enrolled at a public school, and the school district will likely fund the student's tuition. In other instances where parents choose to register a student at a private school, the district may use their discretionary funds to provide that student with special education services.
Colleges and Universities
The area is home to dozens of higher institutions, including Brown University, Rhode Island College, and the University of Rhode Island. Although the IDEA does not apply at the collegiate level, students with 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 their IEP or high school assessments with their school's disability office to request disability accommodations.
Although the IDEA does not protect college students, portions of the Americans With Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (both discussed below) apply and protect disabled college students from unlawful discrimination.
Federal Special Education Laws
Special education law is primarily governed by federal laws that state schools must adopt as a condition to their receipt of federal funding. The two federal education laws that prominently protect disabled students include the Individuals With Disabilities Education Act ( “IDEA,”) and the Americans With Disabilities Act (“ADA.”)
The Individuals With Disabilities Act
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. Most of the special education terminology used in the K-12 setting can be traced back to different IDEA sections. Several key provisions of the IDEA are discussed below.
Free and Appropriate Public Education (“FAPE”)
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 unique education program that meets their individual needs. A child receives FAPE if they are prepared for further education, employment, and independent living.
If a school district fails to provide a disabled student with FAPE, parents can bring a due process complaint to recover compensatory education hours and funds.
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 law places this burden on educators rather than parents because it assumes educators have the necessary experience and training to recognize hallmark symptoms of disabilities. Some common signs of learning disabilities in children may include:
- Handwriting avoidance
- Poor coordination
- Pronunciation issues
- Reversing words or letters while reading or writing
- Delayed speech
- Impulsiveness or hyperactivity
- Poor social skills and/or inability to make friends.
- Inability to understand personal space.
- Desire to keep rigid schedules.
- Poor fine motor skills, such as inability to use scissors, tie shoes, catch balls, etc.
Under Child Find, if an educator has any reason to suspect that a student may have a disability, they must arrange for the student to be assessed for special education services. If a school district was aware that a child was exhibiting symptoms of a potential learning disability and failed to refer them for special education services, parents could request compensatory education funds and services to help their child catch up.
IEP Eligibility
If your child already has an IEP or has been denied an IEP, you have likely heard the term “eligibility.” After conducting thorough assessments, a school district must determine whether that student qualifies for special education services such that one or more identified disabilities affects their ability to access their education. Under the IDEA, a student can qualify for special education services if they have a disability in one or more of the following 13 separate eligibility 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
If you believe your child's school has failed in its Child Find duties, contact the Lento Law Firm's Education Law Team for assistance.
Least Restrictive Environment
Section 300.114 of the IDEA addresses a legal requirement under the IDEA known as “Least Restrictive Environment” or “LRE.” The LRE requirement mandates that students with special needs must be educated “to the maximum extent possible” alongside their non-disabled peers. This concept emphasizes that special needs students should not be segregated from the general education classroom except when they are pulled out for services or in instances where supplementary aids and services in the general education environment do not provide adequate support.
Individualized Education Plans
After determining eligibility for special education services, a school district must promptly provide the student with an Individualized Education Plan (“IEP”). An IEP is a legally mandated document under the IDEA that outlines the specific services and accommodations a student with disabilities may need at school to access their education. IEPs will vary from student to student and their needs. For instance, a student with a speech disability may have an IEP that includes speech services, while a student with physical limitations may have occupational therapy services. IEPs must provide students with goals and a curriculum that is aligned with grade-level content standards. Like a contract, if a school district fails to adhere to an IEP's terms, they have breached their agreement with a student and can be held legally accountable.
What Should an IEP Include?
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 implemented to help students achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech and language services, etc.
- Any accommodation on campus that will help students 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 tasks, 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 particular 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.
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 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 that help them integrate into campus life. If schools fail to make their buildings or programs accessible, for example, failing to make dorms wheelchair accessible, then students should consider bringing discrimination claims against their school for violations of their civil rights.
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, suppose a student with a neurological condition is not mobile. In that case, the district should develop a 504 Plan that accommodates the student by offering transportation assistance, modified physical education opportunities, etc.
Violations under the ADA or Section 504 are not addressed through due process claims but are handled through civil rights litigation.
What Laws Address Bullying?
While the IDEA does not address bullying, Section 504 and the ADA mandate that schools must create safe and inclusive environments for disabled students. Moreover, suppose your student has been so victimized at school that they have developed anxiety or depression. In that case, they may qualify for an additional eligibility category under the IDEA, such as Other Health Impairment or Emotional Disturbance. If your student has been victimized and bullied because of their disability, compensatory education may be available.
State-Specific Education Laws
In addition to the IDEA, ADA, and Section 504 discussed above, federally funded schools in Rhode Island and Massachusetts must adhere to the state's special education laws and policies.
Rhode Island Special Education Laws
Rhode Island adopts the IDEA through state regulations referred to as the Rhode Island Regulations Governing the Education of Children with Disabilities. These regulations provide Rhode Island schools with state-specific guidance on conducting special education elevations, determining eligibility, drafting IEPs, and other important facts such as funding, monitoring, and procedural safeguards.
Rhode Island has also taken careful consideration to update its Procedural Safeguards, a legal notice that informs parents of their rights and protections under the law.
Massachusetts Special Education Laws
Massachusetts also adopts the IDEA through a conglomerate of statutes and regulations spread out amongst the Massachusetts State Code, which include:
- Section 133G, which addresses braille instruction policies.
- Mass. General Laws c.71B which addresses general policies governing the education rights of children with special needs.
- Chapter 111 G which addresses early childhood intervention services.
- Regulation 603 CMR 28 which addresses additional regulations on special education, with a specific focus on the IEP process.
Together, these laws help Massachusetts schools understand the practical methods they can use to implement the IDEA and ADA.
Special Education Attorneys in the Providence-Warwick Metropolitan Area
Navigating the complex federal, state, and local laws that govern your disabled student's rights can be an exhausting process. You are not alone! Our compassionate Education Law Team at the Lento Law Firm is standing by to help. We care about your child's rights and educational future. Contact us today by calling (888)535-3686 or visiting our online contact form.
