The Nashville metro area contains some of the most affluent neighborhoods and suburbs in the great state of Tennessee. Despite the financial resources of many families living here, all schools that are part of the Metro Nashville Public School system (and those from the surrounding public school districts) must provide special education services to qualified children at no cost to their parents.
Without these tailored academic learning services, many students with disabilities can't reach their educational and social learning potential. If your special needs child is denied a free, appropriate public education, your child has legal rights, even if they live in Franklin, Green Hills, Brentwood, or Belle Meade. To learn more about these rights and how to exercise them, contact the Education Law Team from the Lento Law Firm. You can reach us online or by calling 888-535-3686 to schedule a consultation.
Overview of Learning Accommodation Rights in TN
Even though states and school districts develop and implement their education policies (including those for special needs children), these policies must follow any applicable federal law. When it comes to accommodating students' special needs, the primary law school must follow is the Individuals with Disabilities Education Act (IDEA).
The IDEA is an extensive law with several key provisions. Three of the most important components within the special education context include: least restrictive environment (LRE), individualized education program (IEP), and free and appropriate public education (FAPE).
One thing to note is that these requirements, as well as others provided for by the IDEA, don't apply to students in private schools. Additionally, the IDEA places a duty on schools to identify and evaluate their students who they suspect may have a recognized disability.
Least Restrictive Environment
This requirement states that, whenever possible, students receiving special needs services should receive those services along with classmates who aren't receiving special education instruction or guidance.
In some cases, the student with an IEP may need to receive their specialized instruction in a restrictive setting away from their peers (classmates without an IEP). However, this should only be done when there are no other services or education aid options available, and the student is returned to the traditional classroom whenever possible.
Individualized Education Program
At its core, the IEP outlines the student's academic and social development level, how the student's disabilities affect their learning and behavior, and what specific services and school accommodations the student should receive. In Tennessee, an IEP will sometimes go by the name of instructionally appropriate individual education program (IAIEP).
Free and Appropriate Public Education
The IDEA requires that the special education services provided to eligible students meet certain minimum standards and requirements. These include meeting the state's educational requirements, the benefits must be available from preschool through high school, the educational services must comply with the IEP, and all special education services must be free.
The IEP Process in the Greater Nashville Area
For most students, obtaining and implementing the IEP will be the key component of having their special education needs met. The IEP process for students attending a public school in Nashville proper and the surrounding areas consists of seven steps.
Step 1: Referral
A teacher or parent will recognize that their student or child may be having difficulty in school and require special assistance. A referral is then made to the school or school district to begin the IEP process.
Step 2: Pre-Evaluation
After receiving the referral, the school begins collecting as much information as possible about the student's situation and potential disability. This information includes any prior intervention strategies that have previously been used in school and their results. If necessary, additional data, such as the child's medical history, will be requested.
A decision is then made to determine if a formal evaluation is required. If the Local Education Agency (LEA) or the parent disagrees with this decision, a due process hearing may be requested by either side to review the evaluation decision.
Step 3: Evaluation
All aspects of the student's suspected disability must be evaluated. Although the primary goal of the evaluation is to identify the student's disability (assuming they have one), the evaluation process will also include an analysis of what special services the student could benefit from.
Step 4: Eligibility Determination
School officials responsible for the IEP will meet to decide whether the evaluation confirmed the existence of a recognized disability. If so, they will confirm whether or not the child needs special education.
Step 5: IEP Development
Once the need for an IEP is confirmed, the school will create a plan to help the student meet tailored goals and learning objectives. This plan takes into account teacher and parental concerns, as well as the student's strengths and weaknesses.
Step 6: IEP Implementation
Before implementing the IEP, the parent must provide their consent. Before starting the IEP, there must be defined starting and ending dates for the student's predetermined goals and objectives.
Step 7: IEP Review
At least once a year, the IEP team will determine if the IEP is still required. If it is, the team then analyzes the student's progress and decides whether adjustments should be made to the goals and objectives. Parents may participate in this process, and the IEP team explains how their child has progressed in school with the help of the IEP.
Special Ed Challenges Facing Belmont-Hillsboro Students
In the majority of cases, teachers and school administrators do their best to provide the best learning experience for their students. Yet despite these efforts, not all children receive the instruction they need or are legally entitled to.
Sometimes this is because school staff are overworked and trying to do too much with too little. Other times, it's because a student “slips through a crack” and is inadvertently left behind. Then there are rare situations where school officials knowingly deny FAPE or IEP benefits to eligible students or cut corners in providing LRE services.
While these situations are thankfully in the minority, they occur far more often than they should. When this happens, students can suffer in multiple ways, including academically and socially. These problems can also arise if the IEP or other special services are poorly or improperly implemented.
Nashville Metropolitan Area Special Education Attorneys
Not every student is entitled to free special education benefits from their Nashville Metro public school. But if you believe your child has been wrongly denied special instruction from their public school, contact the Lento Law Firm's Education Law Team. You can set up a consultation using our online contact form or by calling 888-535-3686.
