The Baltimore Metropolitan Area
According to the Baltimore Metropolitan Council, the greater Baltimore Metropolitan Area spans over 2,600 square miles and is home to over 2.8 million individuals. The regions that make up the area include:
- Anne Arundel County
- Baltimore City
- Baltimore County
- Carroll County
- Hartford County
- Howard County
- Queen Anne's County
Despite the large population, the area has only 7 public school districts that educate over 393,804 students. These districts include:
- Anne Arundel County Public Schools
- Baltimore City Public Schools
- Baltimore County Public Schools
- Carroll County Public Schools
- Hartford County Public Schools
- Howard County Public Schools
- Queen Anne's County Public Schools
These districts serve a vast and diverse community and are composed of students from various socioeconomic backgrounds. Although federal laws protect students with disabilities, each of these districts will have unique policies and procedures that dictate how they educate students with special needs. Parents of students with permanent or temporary disabilities must educate themselves on the applicable federal law as well as their school district's policies and procedures.
Charter Schools and Private Schools
There are also several prominent charter schools in the area, such as Hampton Hill Academy and Patterson Park. Although these schools are afforded a higher level of autonomy over their curricula, they are still bound by federal laws that protect disabled students.
Although private schools such as the Institute of Notre Dame and Mount Saint Joseph Academy are not publicly funded and therefore do not need to adhere to all of the provisions within applicable federal education laws, they must ensure that their disabled students are not unfairly discriminated against. Some other well-known private schools in the area include:
- Gilman School
- Waldorf School of Baltimore
- Baltimore International Academy
- Jemicy School and
- The Park School of Baltimore
Colleges and Universities
The area is home to over 33 higher education institutions. Some community colleges, colleges, and universities include:
- Johns Hopkins University
- Baltimore City Community College
- Loyola University Maryland
- Coppin State University
- United States Naval Academy
Federal Education Laws Protecting Disabled Students
Although education law, specifically special education law, is very complex, there are a handful of federal education laws that protect students with permanent and temporary disabilities.
The most prominent federal law for special needs students is the Individuals With Disabilities Education Act, commonly referred to as the "IDEA."
The IDEA
The IDEA, a federal education law that mostly protects k-12 students, was signed into law in 1975 and requires that students with disabilities have the right to access a free and appropriate public education ("FAPE"). Under §300.101 of the act, school districts must provide a uniquely tailored public education program for students with special needs in an environment where special needs students can be educated amongst their non-disabled peers to the maximum extent possible.
Some notable provisions of the IDEA are discussed below.
Child Find
Section 300.111 of the IDEA requires school districts to find, assess, and locate students who may need special education services. Under this provision, district staff must be trained to identify signs of a potential learning disability and refer the student for assessments to determine if they qualify for special education programs. If a school district fails to refer a student for special education assessments and services, legal compensation may be available.
Individualized Education Programs
The IDEA requires that each special education student receives an educational plan that is uniquely tailored to their individual needs. Section 1414(d) of the IDEA further requires that a student's IEP include a written statement about their present levels of academic performance, a written statement discussing how a student's disability affects their ability to access their education, and a description of how students will reach their annual educational goals. Parents are considered members of their student's IEP team and should have meaningful input throughout the IEP process.
Related Services
The IDEA also mandates that students receive necessary "related services" that enable them to access their education and make meaningful educational progress. Under §300.34 of the act, related services can include speech therapy, oral translation services, school health services, counseling, occupational therapy, tutoring, etc.
IEP Accommodations
Just as students are owed related services under the IDEA, the law also requires districts to provide accommodations that will help students with disabilities access and participate in their educational environment. Some examples of IEP accommodations may include extended time on assignments and tests, preferential seating in the classroom, assistive technology devices, timed breaks for students with ADHD, etc., and copies of teacher-provided notes.
IEP/Special Education Eligibility Under the IDEA
Under the IDEA, a student can be found eligible for special education services if they exhibit signs of a disability in one or more of the following areas:
- Autism Spectrum Disorder
- Deafness
- Deaf-Blindness
- Emotional Disturbance
- Hearing Impairment
- Intellectual Disability
- Multiple Disability
- Orthopedic Impairment
- Other Health impairments (this category includes students with chronic or acute health conditions such as asthma, diabetes, epilepsy, or ADHD).
- Specific Learning Disability (this category includes students with specific difficulties in one or more areas of academic achievement, such as reading, writing, or math.
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment
Section 504 Of The Rehabilitation Act Of 1973
Contrary to the IDEA, which primarily applies to students with permanent or longer-lasting disabilities, Section 504 of the Rehabilitation Act of 1973 more routinely protects students who are eligible for reasonable accommodations due to a temporary disability or a disability that may not be as limiting as one of the 13 categories under the IDEA. The act also protects students in colleges and universities. To qualify for Section 504 accommodations, a student must have a "physical or mental impairment that substantially limits a major life impairment." Some examples of a student who may qualify for a 504 plan may include:
- Students who may have severe allergies.
- Students who may be recovering from an injury and need the assistance of medical equipment at school, such as a wheelchair, crutches, oxygen tank, etc.
- Students with serious health concerns, such as students with cancer, diabetes, COPD, etc.
The Americans With Disabilities Act of 1992 ("ADA")
Most people have heard about the Americans With Disabilities Act (the "ADA"), a federal law that prohibits discrimination against disabled individuals in various areas of public life, such as employment, housing, etc. However, many parents do not know that the ADA also protects K-12 students, as well as college students, from disability-based discrimination in their educational environment. Similar to Section 504, the ADA also protects students in colleges and universities. Key components of the educational provisions of the ADA are discussed below.
Accessibility
The accessibility provision of the ADA requires schools to ensure that their programs and facilities are physically accessible for disabled students. Some examples of accessibility requirements include ramps, accessible restrooms, elevators, etc.
Equal Opportunity
Under the ADA, students are protected from discrimination against students with disabilities when making decisions such as admission, enrollment, or eligibility to participate in programs such as academic teams or recreational groups, etc.
What If My Child Has An IEP But Isn't Making Academic Progress?
If your student has an active IEP but isn't making the academic progress you both had hoped for, it's easy to become disheartened and overwhelmed. However, if it becomes evident that your child's IEP is not effectively supporting their educational growth, it's crucial to take action immediately because it may be a sign that your school district has failed to adequately design or implement your child's IEP. Some signs that your student is failing to make academic progress may include:
- Failure to meet grade-level standards: If your student fails or struggles to meet grade-level expectations, this may be a sign that the District has failed to design an IEP that targets the gaps between your child's current capabilities and grade-level standards.
- Stagnation or Regression: In some instances, a school district may "socially promote" a special-needs student by giving them passing grades and high remarks. However, if you notice that your student's reading, writing, math, speech, etc., capabilities have simply stagnated or even regressed, this could be a sign that they are failing to progress through their academic programs.
- Failure To Pass IEP Goals: If your student has failed to meet some or all of the goals on their IEP, this could signal that they are also failing to make academic progress.
What Parents Should Do
First and foremost, parents must trust their intuition about their child's education and progress. Although districts may imply that your student is doing "great" and has made "great progress," this may not be the case. Parents know their children the best. Parents should initiate open and honest communication with their student's IEP team, teachers, and school administrators and express their concerns about their lack of academic progress.
Parents should also keep a thorough record of their student's work, such as essays, homework, tests, etc., and be prepared to express any concerns they may have over their child's scores and work products. In instances where a district has not provided parents with work samples of their child's performance, this documentation can provide crucial evidence of your student's current levels of academic performance.
Additionally, parents should keep in mind that they have the right to ask for IEP meetings and can request a formal review of an IEP's effectiveness to determine whether additional modifications, services, goals, strategies, etc., are necessary. If your student's school fails to provide data on your child's progress or presents data/evaluations that you do not agree to represent your student's true academic abilities, you should consider obtaining an independent educational evaluation ("IEE") by a qualified professional outside of the school system. Parents have the right to ask for IEEs at the District's expense.
The experienced Lento Law Firm's Education Law Team can also assist you by evaluating your student's case, providing you with guidance under their rights under federal and state law, and helping you advocate for necessary changes to your child's IEP.
Can A School Suspend Or Expel My Special Needs Student?
Federal law provides important protections to ensure that students with disabilities, both with and without IEPs, are not unfairly punished. Specifically, §300.530(e) of the IDEA outlines the processes school districts must take before suspending or expelling special needs students.
If a student with a disability is facing disciplinary action that could result in a suspension of more than 10 consecutive days or a change in placement, the student's school must hold a meeting referred to as a "manifestation determination" meeting. At this meeting, a student's IEP team must determine whether the student's behavior leading to the disciplinary action was a "manifestation of the student's disability." For instance, if a student with Tourette Syndrome frequently blurted out inappropriate words in class, the student's IEP team would have to discuss whether their actions were a "manifestation" or a "symptom" of their disability. If the IEP team determines that the actions were a manifestation of the student's disability, then they must not apply adverse disciplinary action.
While the example of the student with Tourette syndrome may seem rather straightforward, manifestation determination issues often become more complicated for students with Emotional Disturbance or Autism Spectrum Disorder disabilities who may frequently show more physical aggression because of their disability category.
Stay-Put Provision
Throughout the manifestation determination progress, the IDEA requires that districts implement "stay put," a provision of the IDEA that requires that a student remains in their current educational placement until the parents and school district agree otherwise or an administrative law judge issues a specific order during a legal process known as a "due process hearing."
Like requirements under the IDEA, Section 504 of the Rehabilitation Act also prohibits schools from subjecting students with disabilities to harsher or more frequent disciplinary actions compared to their non-disabled peers for similar conduct.
Are There Federal Laws That Protect My Special Needs Student From Being Bullied?
Although the IDEA does not explicitly address bullying, it does require that disabled students be able to access their education. If your student is anxious, sad, or depressed at school because they are bullied, the school has failed to ensure that your child's educational environment allows them to access their education and make meaningful educational progress. Furthermore, because Section 504 of the Rehabilitation Act and the ADA mandate that schools create safe and inclusive environments for disabled students, legal compensation.
Maryland Special Education Laws
Maryland special education laws largely mirror the requirements outlined in the IDEA, Section 504 of the Rehabilitation Act, and the ADA. Maryland's regulations on special education protections are located within Title 8, Subtitle 4 of the Maryland Regulations.
Stand Up For Your Student's Rights
Multiple federal laws require your student's school to treat them fairly and to ensure they receive a free and appropriate public education, regardless of. If you live in the greater Baltimore Metropolitan Area and your child's school is failing to adequately educate your child or protect them from discriminatory actions, our experienced nationwide Lento Law Firm Education Law Team can help! Led by national Attorney-Advisor, Joseph D. Lento, the Lento Law Firm has premier experience compassionately advocating for students' needs all across the country. Contact us today by calling (888) 535-3686 or by using our online contact form.
