In the United States, individuals who have been diagnosed with autism spectrum disorder are entitled to a free and suitable education under the Individuals with Disabilities Education Act (IDEA). This law requires each state to offer eligible children with disabilities a public education tailored to their specific needs. Understanding these legal rights and protections is crucial to guarantee that your child is treated justly and receives all the support and services they are entitled to access.
Every state has its own policies and procedures concerning accommodations for autism spectrum disorder. Understanding Indiana's policies regarding these accommodations is important as it will help you to protect the rights of your child, advocate on their behalf, and ensure that they receive the appropriate services and support. Sometimes, a student is denied access to autism spectrum disorder accommodations by an Indiana school or there is a dispute regarding the student's autism spectrum disorderdiagnosis.
The Lento Law Firm works with families to help children receive autism spectrum disorder accommodations, support, and services that they require. Contact us online and tell us about your case or call our team at 888-535-3686 to learn more.
Autism Spectrum Disorder
Autism Spectrum Disorder (ASD) is characterized as a developmental disability that is attributed to differences in the brain. People who are diagnosed with autism spectrum disorder might display distinctive behaviors, communication methods, social interactions, and approaches to learning that are different from those of the general population. Individuals with autism spectrum disorder will have varying levels of ability—some individuals may need significant assistance with the routines of daily living, while other individuals can navigate independently with a minimal level of support.
Indiana Laws Ensure Students With Autism Spectrum Disorder (ASD) Receive Appropriate Educational Services
The state of Indiana has established laws and regulations that are designed to protect the rights of individuals who are diagnosed with autism spectrum disorder and ensure that those individuals are afforded equal opportunities in education while also being shielded from discrimination due to disability. The federal government allows each state to establish its own laws regarding the upper age limit for special education eligibility.
Article 7 of Indiana's Special Education Law governs the implementation of special education programs and the provision of related services without charge by Indiana's public schools. This law outlines the process for determining and delivering special education and related services in Indiana's public schools. This law guarantees that children in Indiana between the ages of 3 and 21 who have a disability will have the right to a free and appropriate public education (FAPE) tailored to their specific needs.
Indiana's Special Education Law specifies that a free and appropriate public education includes special education and related services. According to the Indiana Board of Education, special education is “specially designed instruction at no cost to the parents, to meet the unique needs of the child with a disability.” If a student requires further assistance in order to benefit from the specialty-designed educational instruction, related services are to be provided. The development of an Individualized Education Program (IEP) document is also required and must include specific information provided by the multidisciplinary team during the student's case conferences.
Evaluation and Eligibility of Autism Spectrum Disorder in Indiana Schools
In Indiana, before special education services can be provided to a child with autism spectrum disorder, the child must first be referred for an initial evaluation and found eligible to receive an accommodation. Parents whose child has already received a diagnosis of autism spectrum disorder or who have concerns about their child's development can submit a written request to the school, asking that a special education evaluation be conducted for their child.
Special education evaluations generally must be completed within 50 instructional days. If the parents or legal guardians of the child disagree with the results of the evaluation, they have the right to request that an independent educational evaluation be completed at the school's expense. If it is determined that a child is eligible for special education services, then a Case Conference Committee, which consists of school personnel and parents, is formed.
Indiana's Case Conference Committee Determines Eligibility for Special Education Services
Indiana places the responsibility ofdetermining a student's eligibility for special education services and developing an Individualized Education Program with a Case Conference Committee. This Committee is made up of school personnel and parents who work together to design an education plan that addresses the child's individual needs.The Case Conference Committee plays a key role in providing individualized support for students at autism schools in the state.
Requesting An Autism Spectrum Disorder Educational Evaluation in Indiana
The first step in the process of receiving an autism spectrum disorder accommodation in Indiana is a request—called a referral—for the student to be evaluated for a disability. A parent or school personnel can make a request to have the student evaluated for an autism spectrum disorder and eligibility for special education services. If a parent makes the request, it must be made to licensed school personnel, such as the school principal, a teacher, or a special education director. While not required, it is always best to submit these requests in writing. The school is required to give the parent written notice in response to the request within ten school days and must also provide the parent with a copy of the notice of procedural safeguards.
This written notification that is sent to the parent must:
- Notify the parent of the school's decision regarding conducting an evaluation for autism spectrum disorder
- Detail the information utilized by the school to reach its decision
- Explain the rationale behind the decision
- Inform the parent of procedural safeguard protections
- Provide a list of resources for assistance in understanding special education regulations
If the school has decided to conduct the educational evaluation, the written notice to the parent must also include:
- The timeline for the evaluation for autism spectrum disorder
- A description of the evaluation procedures
- Instructions on how the parent can obtain a copy of the evaluation report or schedule a meeting to discuss the results of the evaluation before the Committee meeting
At the parent's request, the school must provide a copy of the educational evaluation report at least five school days prior to the meeting of the Case Conference Committee. If the parent asks the school to have the evaluation results explained prior to the scheduled meeting, the school is required to arrange a meeting with the parent and someone who can explain the evaluation results within five school days before the meeting. Written parental consent is required before the school can conduct the educational evaluation.
Educational Evaluations for Autism Spectrum Disorder in Indiana
In Indiana, a multidisciplinary team conducts an educational evaluation for autism spectrum disorder. This team is composed of qualified professionals and must include a teacher who is licensed in—or another specialist with knowledge of—autism spectrum disorder. This multidisciplinary team may also consist of a general education teacher, a special education teacher, a school psychologist, a speech-language pathologist, or other qualified professionals based on the student's unique needs or suspected disability. Parents also provide input and information about the student.
The multidisciplinary team will review existing information regarding the student as well as input from the parent. Through this process, the team will identify the suspected disability or disabilities for which the student should be evaluated. The multidisciplinary team will also determine what additional information is required to help the Case Conference Committee decide whether the student is eligible for special education services. This process may involve administering tests, conducting observations, and gathering information from various sources. In most cases, the evaluation must be completed, and the Committee must hold a meeting within 50 school days from the date the parent provided written consent for the educational evaluation.
Parental Rights When Autism Spectrum Disorder Educational Evaluation Is Denied in Indiana
If a parent requests an educational evaluation of their child for autism spectrum disorder and the school notifies the parent that they do not intend to conduct the evaluation, the school must provide the parent with written notification regarding the decision. This notification must include an explanation regarding what steps the parent may take to contest the school's decision. The parent has the option to request mediation or a due process hearing. The parent may also choose to meet with school representatives to gain a better understanding of the school's perspective and potentially reach an agreement on the evaluation.
Requesting An Independent Educational Evaluation (IEE) in Indiana
If a parent or legal guardian disagrees with the results of the school's education evaluation, they may request that an Independent Educational Evaluation (IEE) be conducted at the public's expense. Within ten business days of receiving the parent's request for an IEE at the public's expense, the school must either:
- Notify the parent in writing of the school's intention to pay for the Independent Educational Evaluation (IEE) or
- Commence a due process hearing where the school must demonstrate the appropriateness of its educational evaluation
If the school pays for an Independent Educational Evaluation, the school must receive a copy, and the evaluation must be considered by the student's Case Conference Committee. If, however, the parent pays for an Independent Educational Evaluation, the parent may choose whether to share the results with the Committee. If the parent does share the results, the Committee is required to consider that information when making decisions regarding the student's educational needs.
Determining Eligibility for Autism Spectrum Disorder Special Education Services in Indiana
Once the assessment of the student's strengths, weaknesses, and learning style is complete, the Case Conference Committee reviews the results of the evaluation and determines if the student is eligible for special education and related services. It is up to the school to ensure that the methodology used to assess the child provides meaningful information that will directly assist the Committee in making decisions regarding the student's eligibility for special education services.
If the Committee determines the student is eligible for a spectrum disorder accommodation, the Committee then devises an educational plan that fosters learning and growth while addressing the student's needs. The Committee will determine the specifics of the child's Individualized Education Program (IEP), which must be tailored to the student's needs. The IEP must outline the accommodations, modifications, and special education services that are to be provided to the child. The IEP is to be reviewed and updated every twelve months.
Indiana's Laws Regarding Individualized Education Programs (IEPs)
The Individualized Education Program (IEP) is a critical element of special education services for students with autism spectrum disorder in Indiana. It is a legally binding document that sets out personalized goals, services, and accommodations necessary to address the unique educational requirements of the student. The IEP is developed collaboratively by a team comprised of parents, educators, and other professionals involved in the student's education.
The Individualized Education Program contains detailed information regarding the student's current academic performance, strengths, and areas in need of improvement. The program also delineates the specific services and supports that will be provided to facilitate the student's educational progress. These services may include specialized instruction, assistive technology, therapies, speech therapy, occupational therapy, and related services.
Elements Of An Individualized Education Program (EIP)
An Individualized Education Program (IEP) is a detailed document that comprises various elements that are designed to address the student's distinct learning needs. An IEP typically includes the following components:
- Current Academic and Functional Performance: This section details the student's current skills, abilities, weaknesses, and areas of strength. This serves as a baseline for assessing progress and determining the student's needs.
- Annual Goals: These are specific, achievable goals that the student is expected to achieve within the next year. These goals are based on the student's current performance levels and the skills they need to develop in order to progress in the general education curriculum.
- Special Education and Related Services: This part of the plan outlines the special education services that the student will receive. It includes any adjustments or modifications to the general education curriculum that will be made and also specifies any related services that are required, such as occupational therapy or speech therapy.
- Participation with Peers: This section addresses the extent to which the student will participate in regular, general education classes and activities with nondisabled peers.
- Dates and Locations of Services: This specifies the start dates of special education services, where these services will be provided, and their frequency and duration.
- Progress Measurement: This outlines how the student's progress toward the annual goals will be assessed and when the student's parents will receive updates on their child's progress.
The Individualized Education Program can be modified and adjusted at any time based on the student's progress.
Parental Rights for A Student With Autism Spectrum Disorder In Indiana
Federal and state laws provide certain rights to parents of students with autism spectrum disorder. Indiana laws require that written notice be provided to parents regarding the identification, evaluation, and or/placement of their child in a special education program. This is designed to foster meaningful parental involvement in the process.
In Indiana, these rights are outlined in the Notice of Procedural Safeguards and Parent Rights in Special Education. Indiana laws specify that these rights must be provided to a child's parent or legal guardian at different points during the child's education as follows:
- At the time of the initial request for an evaluation
- At the time of reassessment of the student
- Upon notification of a meeting with the case conference committee
- Upon the filing of a due process hearing
- If a determination has been made to transfer the student to an interim alternative educational setting
- Upon initiation of expulsion proceedings
- Upon notification of a proposed placement or the denial of a placement
In situations where a parent disagrees with the identification, evaluation, or placement of a child with autism spectrum disorder, Indiana laws specify the requirements for local education agencies to provide impartial hearings, which may include—but not be limited to—mediation or due process hearings that are conducted by independent hearing officers.
Indiana Students With Autism Spectrum Disorder Have The Right To An Inclusive Educational Environment
Indiana's educational system emphasizes inclusion for all students. There is a strong belief that all students, including those with disabilities, should be given the opportunity to grow and learn alongside their peers. Indiana recognizes the importance of providing education in the least restrictive environment for students with disabilities, including those with autism spectrum disorder.
Indiana's Least Restrictive Environment (LRE) principle guarantees that students with autism spectrum disorder in Indiana have the right to an education in the least restrictive setting suitable for their needs and requires that—to the greatest extent feasible—students with autism spectrum disorder be educated alongside their peers without disabilities in regular education classrooms. This principle acknowledges that the inclusion of a student with autism spectrum disorder in general education classrooms can provide opportunities for skill development, social interaction, and academic advancement.
In Indiana, the determination regarding a Least Restrictive Environment is made on an individual basis, with consideration given to each student's specific needs. In certain instances, students may require supplementary support or services in a separate classroom or special education environment to meet their specific needs.
Autism Spectrum Disorder Accommodations Are Different From Educational Modifications
In discussing special education and Individualized Education Programs, two words that are often used and are important to understand are accommodation and modification. Both of these are provided based on a student's individual needs, but they are different. An accommodation is when a learning setting is altered to enable individuals with autism spectrum disorder to access the same content as their peers and demonstrate their knowledge. Accommodations may include allowing additional time for completing assignments or taking tests, visual supports, the use of assistive technology, or preferential seating.
A modification is when a change is made to the curriculum itself or the curriculum expectations.Modifications may be implemented for a student when the general education curriculum is not appropriate for the student with autism spectrum disorder. Modifications may be made when a student lacks the prerequisite skills required to access the general education curriculum or when a student is below grade level. Modifications are designed to meet the student at their current educational level and may include alternative assignments, assignments that are simplified, or establishing individualized learning objectives.
In providing autism spectrum disorder accommodations and modifications, the state of Indiana works to ensure that students with autism receive an education that is inclusive and individualized, and one that promotes the student's academic and social development.
Indiana Uses Applied Behavior Analysis (ABA) Programs For Autism Education
A key feature of autism education in Indiana is the integration of Applied Behavior Analysis (ABA) programs. These programs are instrumental in fostering socially significant behaviors in children with autism, playing a crucial role in their educational development.
Every school in Indiana adopts a unique approach and methodology to support students with autism spectrum disorder. Researching and understanding what supports each school offers will assist families in identifying the school that best aligns with the child's needs.
When A Student in Indiana Fails To Receive Autism Spectrum Disorder Accommodations, The Lento Law Firm Education Law Team Can Help
When your child has been diagnosed with autism spectrum disorder, Indiana law stipulates that your child has the right to receive access to equal opportunities in education and also receive legal protection from discrimination based on a disability. However, laws are not always straightforward and easy to understand, nor are they always carried out. Many times, a child's diagnosis of autism spectrum disorder is not recognized or is disputed by the school. Autism spectrum disorder accommodations are not always provided, and even if they are provided, they may fall short of fully meeting the child's needs. When this happens, the Education Law Team at the Lento Law Firm can help.
The Lento Law Firm Team responds promptly to disability concerns, ensuring that schools reasonably accommodate students with autism spectrum disorder. With extensive experience representing hundreds of students, the Lento Law Firm Education Law Team is committed to advocating for disability rights. Contact us online and tell us about your case, or call a member of our Education Law Team at 888-535-3686.
