The Americans with Disabilities Act (ADA) and the Individuals with Disabilities Act (IDEA) are the federal laws that govern education disability rights in the United States. These laws, along with state and local laws, require states and K-12 school districts to provide appropriate special education accommodations and services to students with disabilities. The laws are somewhat different for colleges and K-12 private schools.
If any school fails to provide a student with the support they need, it's crucial for parents and guardians to advocate for their rights. Failure to do so can have dire consequences for the student's education and future.
For many parents, understanding the relevant laws can be challenging. An experienced attorney can help parents navigate the complicated legal issues in their state and work with them to ensure that students receive all the benefits and services they are legally entitled to.
Attorney-Advisor Joseph D. Lento and the knowledgeable Education Law Team at the Lento Law Firm have years of experience protecting the rights of students with disabilities across the country.
Education in the DC-VA-MD-WV Metropolitan Area: Overview
Often referred to as the National Capital Region or just the “DMV,” the Washington-Arlington-Alexandria, DC-VA-MD-WV metro area is one of the most educated and affluent metropolitan areas in the country.
Home to the nation's capital, the region boasts world-class museums, performing arts venues, restaurants, historical monuments, Fortune 500 companies, and some of the best educational institutions in the world.
Georgetown University, George Washington University, and American University are all in the DC metro. Prestigious private K-12 schools such as Georgetown Day School and Sidwell Friends – where many presidents choose to send their own children – and top-ranked public schools such as Thomas Jefferson High School for Science and Technology are just some of the many outstanding educational options the area offers. Some of the nation's largest public school districts are in this area as well.
The metropolitan area includes Washington, DC; Arlington, VA; Alexandria, VA; Frederick, MD; Gaithersburg, MD; Rockville, MD; Bethesda, MD; Silver Spring, MD; Reston, VA; and Jefferson County, WV. Each area has to follow federal education disability law, state law, and any local laws that may apply.
Understanding the Federal Law: FAPE, Reasonable Accommodations, and IEPs
Under the ADA, the IDEA, and Section 504 of the Rehabilitation Act of 1973, schools must provide students with disabilities with the support and resources they need to be able to complete their education. Key aspects of these laws include:
- Free Appropriate Public Education (FAPE): All K-12-aged children in the US, including those with disabilities, have a right to FAPE. For students with disabilities, FAPE may include additional services and programs.
- Individualized Education Programs (IEPs): Schools work with students and their parents to determine what support and resources a student needs to succeed. Students as young as three can have an IEP, and IEPs can be revised and updated as needed.
- Reasonable Accommodations are the changes, and adjustments schools make to provide students with disabilities the same level of education as those without disabilities. Schools do not have to provide all accommodations and can take cost, resources, and other relevant factors into account when determining accommodations.
- Least Restrictive Environment (LRE) means that school districts place students with disabilities in general classrooms and make every effort to make them part of the school community. This may involve assigning an aide to the student or other accommodations depending on the nature of the student's disability and what is in the student's best interest.
Ideally, IEPs, FAPE, Reasonable Accommodations, and LRE work together to provide students with disabilities the support they need to get the same education as other students.
Colleges and Private K-12 Schools
For students with disabilities and their families, the transition to college can be a big change. Students become their own advocates, and parents become advisors. Rights and responsibilities are different, and the process of requesting accommodations is also different.
Accommodations offered by a high school do not automatically transfer to college, and an IEP or disability diagnosis does not necessarily mean a student is eligible for accommodations in college. Also, schools cannot share information with parents about a student's accommodations without the student's written consent.
According to ADA, however, public and private colleges (including community colleges) and universities must provide equal access to postsecondary education to students with disabilities unless doing so would fundamentally change the nature of the service, program, or activity provided or subject the school to an undue financial or administrative burden.
Private K-12 schools are not required by law to provide special education services, but they may choose to do so. What services are available might depend on the circumstances surrounding the student's placement in the private school and the resources that are available in the district.
A knowledgeable attorney-advisor can help students in DC Metro area schools and their parents know what accommodations are available and ensure that the students get them.
District of Columbia
DC is the core of the DC-VA-MD-WV metro area and attracts people from all over the world who come to work, see the sights, and learn there. It is also home to a large public school system with a diverse student population and an interesting dynamic: Nearly half of all DC public school students attend public charter schools.
The District of Columbia follows federal and local law with respect to IEPs, FAPE, and reasonable accommodations. In DC, the District of Columbia Public Schools (DCPS) usually provides education disability services, but public charter schools, nonpublic special education schools, private schools, and residential programs may also provide these services.
If DCPS or other local facilities fail to provide these services, the Office of the State Superintendent of Education (OSSE) is ultimately responsible for providing them. OSSE oversees all state special education functions in the District.
DCPS and District of Columbia Public Charter Schools (DCPCS) identify children between the ages of 3 and 22 for education disability services eligibility. This includes DC children who do not yet attend school and out-of-state children who attend private schools in the District.
Early Stages is a DCPS early intervention program that helps identify and address developmental delays in children between the ages of 2 years, 9 months, and 5 years, 10 months. The Strong Start Program serves children from birth to age three.
In addition to providing FAPE, school districts are required to provide “related services.” In DC, related services can include speech pathology, psychological services, and physical and occupational therapy. They can also include recreation, including therapeutic recreation, social work services, parent counseling and training, and transportation.
The law requires DCPS to locate, identify, and evaluate all parentally-placed children ages 3 to 22 years old who attend a private or religious school and have a disability or are suspected of having a disability to determine whether they are eligible for special education services. If eligible, DCPS will review options with families on a case-by-case basis.
Regarding disability services available to DC college students, George Washington University cautions new and prospective students to be mindful of the differences between disability accommodations obtained during the K-12 years and those one seeks as an undergraduate.
Disputes regarding education disability services are not uncommon, but they seem to be more prevalent in DC than anywhere else in the country, a 2020 report by the Center for Appropriate Dispute Resolution (CADR) reveals. According to CADR's statistics, DC's report rate is nearly four times higher than Maryland's and 15 times more than Virginia's.
A knowledgeable national attorney-advisor can help parents navigate the complexities of DC's laws, assist with disability services disputes, and vigorously defend the rights of students in any DC school.
Virginia
The section of Virginia that is within the DC metro area is known as Northern Virginia or “NoVa” and includes towns such as McLean, Arlington, and Vienna. NoVa's median income is well above the national average, as are median home prices.
Virginia education disability law follows federal law and also incorporates elements of Virginia's State Constitution, the Code of Virginia, and regulations promulgated by the State Board of Education.
The Virginia Department of Education provides support to teachers, parents, and school administrators for students with disabilities. Virginia's public school system offers early intervention services to children from birth through age two, early childhood special education, IEPs, and licenses for education professionals to operate private day and residential schools for students with disabilities.
Private K-12 schools in Virginia aren't required to provide disability services to students in the form of an Individual Service Plan or Instructional Services Plan (ISP) but may choose to. Children with disabilities attending private school also may be eligible to receive a Service Plan through the local school system because IDEA requires school systems to set aside funding for students with disabilities in private schools. These services may be similar to an IEP but also may be less comprehensive because the law does not require private schools to provide FAPE.
In addition, the circumstances surrounding the placement of the student in private school may affect whether disability services are available to a student. Consulting with a skilled attorney can help ensure your student gets all of the educational support they are entitled to by law.
According to the State Council for Higher Education in Virginia, in accordance with federal law, colleges, and universities in the state provide a wide range of accommodations on campus for students with disabilities, such as extended time on exams, separate classrooms, preferential seating, alternative forms for testing, note-taking assistance, and interpreting services.
But even the affluent Virginia communities in the DC metro can experience difficulty meeting the needs of their students with disabilities:
- A recent report highlights some shortcomings, including inadequate training of special education personnel and staff shortages.
- Alexandria is experiencing an especially serious shortage of special education teachers. In an effort to attract more special education teachers to the district, Alexandria City Public Schools is partnering with George Washington University's Graduate School of Education and Human Development. The program will qualify students in GW's masters program for employment at ACPS.
- A class action lawsuit in Fairfax county claims that the Fairfax County School Board and the state department of education violated IDEA by denying students and families a fair and unbiased process when raising concerns about specialized education plans and by actively ensuring students did not receive services.
If a school in Virginia isn't fulfilling its obligation to provide a student with the disability services they need and are entitled to, Attorney-Advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm can help defend and enforce their rights.
Maryland
Maryland's portion of the DC metro area consists of Frederick, Montgomery, and Prince George's counties. Bethesda, Silver Spring, and Chevy Chase are some of the towns in this affluent section.
Maryland's education disability law follows federal law and the special education laws listed in the Code of Maryland Regulations (COMAR). The Maryland Public School System publishes a Procedural Safeguards Notice that helps explain parental rights in the Maryland Public School system.
Local public school districts provide individualized or special education accommodations and services to students with disabilities from the day they're born until they leave high school. Children may be eligible for an Individualized Family Services Plan (IFSP), an extended ISP option, and an Individualized Education Program (IEP).
Parents and the local school may decide that a student's needs can be better met in a nonpublic special education school, known as a “MANSEF”: a Maryland Association of Nonpublic Special Education Facility.
Students whose needs cannot be met by the local public school are still entitled to FAPE, and the school system will pay for the student's special education services in a nonpublic school. However, if parents place their student in a nonpublic school "unilaterally" – i.e., without first consulting with the local school system – the student may not qualify for these services.
Higher education institutions in Maryland follow the federal laws that govern how colleges and universities interact with and provide services to students with disabilities.
A recent “Deep Dive” memorandum from the Superintendent of Maryland Public Schools reveals that the state system of delivering special education services needs improvement. A knowledgeable attorney-advisor can help parents advocate and enforce Maryland students' disability rights and ensure they get the educational benefits they are entitled to.
West Virginia
Jefferson County, West Virginia's easternmost county in the beautiful Shenandoah Valley, is also part of the DC metro area. West Virginia education disability law follows federal law, the West Virginia Code, and Policy 2419.
Policy 2419 governs special education law in the state and sets forth Regulations for the Education of Students with Exceptionalities. It outlines the policies and procedures districts must follow to meet federal and state requirements. The policy applies to children from birth to age 21.
The Board of Education of each county is responsible for providing disability services to students in the county, including students in private schools, homeschools, homeless students, students living in foster homes, and students who reside in other states and attend private school in West Virginia. Private school students may qualify for disability services on a case-by-case basis.
West Virginia University advises prospective students to make their need for accommodations known and to provide supporting documentation. The school also mentions that accommodations in a university setting do not guarantee success in a course or program.
Attorney-Advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm can ensure that West Virginia schools honor students' rights under federal and state law.
Protect Your Student's Right to an Education
If a K-12 school, college, or university in the DC Metro area is failing to provide the education you or your child is legally entitled to, a passionate, experienced advocate can protect and enforce these rights. Contact Attorney-Advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm at 888.535.3686, or submit a confidential online consultation form.
