If your school-age child has a neurological disorder that affects their ability to learn, you understand what a difference it can make when their school adapts how it teaches your child to accommodate their particular learning challenges. Your child may already have an Individualized Education Plan, or IEP, in place, and you may be familiar with the evaluation process and terms like FAPE (free appropriate public education). But what happens if you disagree with the approach your child's school is taking to their education? What are your rights and your child's rights in this situation?
This guide is intended to give you a quick understanding of what is expected when a child with a learning disability caused by a neurological disorder attends public school in the US. The Lento Law Firm Educational Law Team is here to answer any detailed questions you may have about your child's particular situation; you can reach us by phone at 888.535.3686 or by using our contact form to schedule a confidential consultation with one of our experienced attorneys.
What is a Neurological Disorder?
A neurological disorder is one that is caused primarily by some aspect of the brain. It can manifest itself in a wide variety of ways, many of which have no impact on a person's ability to learn. Some neurological conditions, however, can make it more difficult for a child to learn, and may entitle the child to receive special education benefits from their local public school.
While by no means an exhaustive list, here are some of the different types of conditions that are considered neurological disorders that can make learning a challenge:
- Dyslexia. Individuals with dyslexia find it difficult to accurately recognize words or letters, resulting in problems with reading comprehension and rate.
- Dysgraphia. A child with dysgraphia encounters problems when it comes to expressing themselves in writing, and may include problems translating their thoughts into written words.
- Dyscalculia. This affects the student's ability to do math, making it difficult to manage numbers or handle mathematical calculations and equations.
- Childhood Apraxia of Speech. This condition shows itself when the child has problems speaking correctly, and includes errors in producing proper speech sounds and rhythms.
- Central Auditory Processing Disorder. CAPD affects how the person's brain interprets sounds, such as speech. In some cases, children with CAPD may mistake similar-sounding words for one another.
- Nonverbal Learning Disorder. It can be difficult to diagnose a nonverbal learning disorder, in part because it is a broad term that may not correspond to a specific diagnosis. A child with a NVLD (or NLD) may show strengths in many areas of learning but weaknesses when it comes to visual recall, spatial relations, fine motor skills, and understanding nonverbal aspects of communication.
There are other neurological disorders that can result in a child having problems with learning. The focus when determining whether those disorders entitle a child to special education benefits is whether the condition makes it more difficult to learn to the point where it entitles the child to special education benefits and related services under federal and state law.
A Neurological Disorder Can Have a Severe Impact on a Student's Education
It can be disheartening to see your child fall behind their classmates because of a neurological disorder that makes it more challenging for them to learn. Whether dyslexia affects their ability to learn how to read, dyscalculia makes it harder for them to perform mathematical calculations, or CAPD creates a challenge for them when trying to understand their teacher, you want to make sure your child's learning disability is taken seriously by their school, and that the school takes specific steps to help your child overcome or accommodate their particular challenge.
It's important to bring your child's learning issues to the attention of their school. That can trigger the school's responsibility under federal and state law to evaluate your child and provide them with the accommodations and benefits that they're entitled to under the law. Evaluating your child is the first step, but in many cases where the disability is not immediately obvious, your child's school may not conduct an evaluation unless you ask for one. Then, if the evaluation supports making changes to the way your child is taught, other steps need to happen to make sure those changes are properly focused on your child's specific challenges.
If you're encountering resistance from your child's school or school district to an evaluation request, or if you disagree with the outcome of an evaluation or the steps the school is taking to address your child's needs, contact the Lento Law Firm Educational Law Team to learn about the different ways we can help. Our experienced attorneys understand what the school's obligations are under federal and state law, and know how to help parents and children with disabilities protect their rights.
Students With Neurological Disorders May Have Disability Rights and May be Entitled to Disability Accommodations
In many cases, students with neurological conditions may have significant learning disabilities that will entitle them to disability benefits under federal and state law. There are three main federal laws that work together to provide children in grades K through 12 with special education accommodations and benefits. These are Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act, or ADA; and the Individuals with Disabilities Education Act, or IDEA.
While these are separate laws, they work together to provide benefits to students with disabilities who are educated in public schools through grade 12. Generally, the term “disability” is used to refer to a “physical or mental impairment,” one that places significant limits on the person's “major life activities.” The IDEA defines “child with a disability” to mean one that has at least one, or more, “health impairments” or “specific learning disabilities” that are significant enough to create a need for the child to have “special education and related services.”
What benefits a child with a disability may be entitled to will differ under each of these laws. In some cases, for example, simply providing the child with certain accommodations under the ADA may be enough to address the child's issue – for example, where the child has hearing difficulties and a combination of a hearing aid and classroom placement close to the teacher makes a significant difference in the child's ability to hear what's being taught. In many other cases, however, a relatively simple accommodation will not be enough, and the student may be entitled to a broader range of special education services.
It's also important to note that special education benefits under the IDEA and Section 504 laws are limited to students in grades K through 12, while those under the ADA are available to all students, including those in college.
If you believe your child has a learning disability of any kind – whether it's a neurological disorder or any other type of condition that limits their ability to learn – you should contact their school with your concerns and request an evaluation. Once asked, schools have an obligation to review a student, and if the review indicates that a learning disability may exist, to conduct a detailed professional evaluation of the student's learning capabilities and challenges.
The Lento Law Firm Educational Law Team can help you understand and assert your child's rights with their school in an effective and convincing way. Working with one of our experienced attorneys can make all the difference when it comes to getting your child the help they are entitled to and need at school. Whether it's a specific type of accommodation or a detailed set of special education procedures and benefits, we can help you and your child protect their rights.
There are several main benefits that students with learning challenges can receive from their local public school.
Students With Neurological Disorders May Be Entitled to an IEP
When the child's evaluation identifies specific problems with their ability to learn, the next step is typically deciding how to address those problems. In many cases, particularly where a simple accommodation won't be enough, the student will be entitled to an Individualized Education Program or IEP. An IEP is a personalized program developed for the student by a team of educators that includes the child's parents. It identifies the specific ways that the school is going to address the student's learning disability and sets goals so that the child's progress can be measured. It is periodically updated based on the student's progress – at least once a year, though it can be more often if the situation requires it.
Each IEP is different because it's made to address the needs of an individual student. IEPs should not be “one size fits all” documents. Each of the student's teachers should understand what the IEP requires them to do for the student, and in some cases, school staff who interact with the student should be informed of what accommodations or procedures they are expected to implement for the student.
Private schools are not required to provide their students with IEPs. Neither are colleges or universities, though they may review an incoming student's most recent IEP to gain a better understanding of the types of accommodations the school should make for the student under the ADA.
Students With Neurological Disorders May be Entitled to a FAPE
When a student's neurological disorder contributes to their learning disability, the student is entitled to a “free appropriate public education” under section 504 of the Rehabilitation Act of 1973. Abbreviated FAPE, this generally means that special education students are entitled to the same education as all other students. The goals of a FAPE include educating special needs students with the rest of the student population as much as possible given the child's specific circumstances, a goal that is often referred to as “mainstreaming.”
That said, there are many situations where a special needs student with a neurological disorder can benefit from individualized instruction that provides the child with focused help and ultimately is better for their progress than being taught in the “regular” classroom. Striking the right balance between segregating special needs students and mainstreaming them can be a challenge, and schools don't always get it right. That's why it is important to understand how your child's school is addressing their specific educational needs. Where you have questions or concerns, the Lento Law Firm Educational Law Team is here to help.
College Students With Neurological Disorders May be Entitled to Reasonable Accommodations
While colleges and universities aren't required to provide their students with IEPs, they are required to provide “reasonable accommodations” to the student under the ADA. What that means, of course, will vary from one student to another; in addition, the school must be aware that the student has a disability that needs accommodation before they can be required to provide one. That's where it can be useful for an incoming student to provide their college or university with a copy of their latest IEP. This will often provide the school with the guidance it needs to meet its obligations under the ADA.
If your child's college or university is failing to accommodate their learning disability, the Lento Law Firm Educational Law Team can help you evaluate the situation and take effective steps to protect your child's rights.
What to Do if a School Fails to Accommodate a Student's Neurological Disorder
It can be tremendously frustrating when a school won't listen to your concerns about your child's education, particularly when the issue is a potential learning disability. While individual schools may have different approaches to evaluating and designing learning programs for students with learning disabilities, those approaches need to follow the federal and state laws that apply in these kinds of situations.
If you work with an experienced education law attorney, you will have someone on your team who understands what the school is required to do and can help you bring the matter to the attention of the right person at the school or school district. We will frequently meet with the school to help explain what their legal requirements are and to point out how the school needs to change its approach to follow the law. In situations where the school still won't properly meet its legal obligations, the Lento Law Firm Educational Law Team is able to file a lawsuit to compel the school to do so.
The Lento Law Firm Education Law Team Can Help Students With Neurological Disorders Get the Accommodations They Need and the Education They Deserve
The experienced attorneys from the Lento Law Firm Educational Law Team understand how important your child's education is to you and to your child. We know the laws and procedures that schools are required to follow, and regularly help clients across the country with their special education questions and concerns. Our goal is to help you turn a difficult situation into one that is benefitting your child.
We can help in a variety of situations. We can answer your questions about your child's special education rights and their school's responsibilities. If your child is evaluated and you disagree with the outcome, we can help you request another one or conduct one on your own. If your child's IEP doesn't properly address their needs, or isn't being followed by the school, we can help remedy that. Whatever your special education question, the Lento Law Firm Educational Law Team is here for you and for your child.
Call us today at 888.535.3686 or schedule a consultation with one of our experienced education law attorneys. Your child deserves a quality education; the Lento Law Firm Educational Law Team is here to help them get it!
