Living with Asperger's syndrome presents unique challenges that not only the individuals directly affected must navigate, but also their families and support systems. For students with Asperger's, the traditional educational environment can often seem daunting, marked by obstacles that others might not even recognize. This is at true at the college/university level as it is with K-12 schools. Parents, in their relentless pursuit to provide the best for their children, face a similar struggle, continuously searching for resources, understanding, and accommodations that will foster their child's success. Failing to do so, in fact, can result in stunted academic progress for the student, along with social isolation and an abundance of other life complications.
Under federal law, it is mandatory for schools to make appropriate accommodations for students with disabilities, including Asperger's syndrome. However, many students and parents are unaware of the student's rights in these situations and do not even recognize how to take appropriate steps to receive these accommodations. Unfortunately, many schools often fail to provide the necessary support to these students, whether out of ignorance or simple negligence. This leaves it up to the student and their family to advocate for themselves in order to receive the accommodations they need.
The best way to guarantee your child receives appropriate disability accommodations from their school, be it a K-12 or higher education institution, is to engage an experienced education attorney. The Education Law Team at the Lento Law Firm has nationwide experience in handling student disability issues, and we will fight unrelentingly to safeguard your child's rights while getting them the help they need. Call our offices at 888-535-3686 or fill out our online form to set up a consultation.
What Is Asperger's Syndrome?
Asperger's syndrome, once classified as a distinct autism spectrum disorder, is characterized by significant difficulties in social interaction and nonverbal communication, alongside restricted and repetitive patterns of behavior and interests. Following the publication of the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition), Asperger's is now considered part of the broader diagnosis of autism spectrum disorder (ASD) rather than a separate condition. This change reflects a consensus in the medical community to focus on the spectrum of autism disorders rather than specific subtypes.
Diagnosis of Asperger's syndrome (now typically referred to as a level of ASD) involves a comprehensive assessment by healthcare professionals, including psychiatrists or psychologists, who evaluate the individual's behavior, social interactions, and communication skills. There are no medical tests for Asperger's; diagnosis is based on observed behavior and through interviews with the individuals and their families.
Symptoms often include difficulty in social interactions, challenges in understanding nonverbal cues, and the development of intense, sometimes obsessive, interests in specific topics. Despite these challenges, many individuals with Asperger's have average or above-average intelligence--which can increase their frustration when they struggle to communicate. People with Asperger's may also exhibit exceptional skills or talents in particular areas.
There is no cure for Asperger's syndrome, but treatments can help manage symptoms and improve quality of life. Interventions may include behavioral therapy, social skills training, and educational support. Some individuals may also benefit from medications to manage related issues such as anxiety or depression.
Challenges Students with Asperger's Face in the School Environment
Students with Asperger's syndrome often face unique challenges within traditional educational environments. These challenges stem primarily from their difficulties in social interaction, communication, and a tendency towards restricted interests, which can impact their learning and integration into school settings.
One of the primary challenges lies in social interaction. Individuals with Asperger's syndrome may encounter difficulties in grasping social cues, resulting in misinterpretations and obstacles in establishing friendships. They may exhibit behaviors that appear incongruous or ill-fitting among their peers, potentially leading to social exclusion or harassment. Their struggles in deciphering non-verbal communication, vocal inflections, and facial gestures complicate their participation in collaborative tasks or involvement in classroom dialogues, further distancing them from their peers.
Communication poses a significant challenge. While many students with Asperger's exhibit average or above-average verbal abilities, they tend to interpret language quite literally and may struggle to grasp sarcasm, humor, or idiomatic phrases. This literal understanding can lead to confusion and breakdowns in communication with both peers and educators.
The traditional classroom setting, with its emphasis on conformity and flexibility, can be particularly challenging for those with Asperger's, who often thrive on routine and predictability. Changes in schedule or unexpected transitions can cause significant stress and anxiety for these students, affecting their ability to focus and participate in learning.
Moreover, students with Asperger's often have highly focused interests in specific topics. While this can be a strength, it may also limit their engagement with the broader curriculum, leading to disinterest or frustration with subjects outside their areas of interest.
Disability Rights for Students with Asperger's Syndrome
Federal law defines a disability as a “physical or mental impairment” that significantly inhibits one or more “major life activities.” Since Asperger's syndrome easily falls within the category of a recognized disability, students living with this condition have protections under federal disability rights laws--including the right to a viable education, which is a "major life activity." The combination of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA) together govern educational institutions on how students with disabilities should be treated and accommodated. The IDEA is relevant for the K-12 demographic, while ADA regulations are more pertinent for college students in need of accommodations. Section 504 applies to all schools receiving federal funding, whether K-12 or higher education--although not all parts of Section 504 apply to all schools.
Under these laws, schools are legally required to provide accommodations for students with disabilities, including Asperger's syndrome. Obtaining disability accommodations calls for the student or parent to formally apply for them with their school. Each school has its own process for handling these requests, and they typically demand strict adherence to certain protocols to receive proper consideration. Ensure you familiarize yourselves with your school's specific requirements before submitting a request.
IEP Accommodations for Students with Asperger's Syndrome
One of the principal rights under IDEA is that qualified disabled students are entitled to an Individualized Education Plan (IEP) that caters to their disability. This personalized educational strategy is developed collaboratively by school administrators, teachers, and parents to provide the support the student needs in order to succeed.
Bear in mind that not all scenarios require an IEP. While K-12 students in public or charter schools may be eligible, the requirement does not apply to private schools. Moreover, the IEP requirement only relates to K-12 schools, so when the student completes high school, their chosen college is not obliged to abide by the provisions of the high school IEP.
For a student with Asperger's syndrome, an IEP could include a wide range of accommodations, such as:
- Structured Environment: Providing a predictable and structured classroom environment to minimize anxiety and confusion. This includes clear daily schedules and advanced warnings of any changes.
- Visual Supports: Use of visual aids and schedules to help understand sequences and expectations, aiding in the transition between tasks or activities.
- Small Group or One-on-One Instruction: Offering opportunities for learning in smaller groups or individual settings to provide focused attention and minimize social stress.
- Social Skills Training: Incorporating social skills development into the curriculum or through special programs to improve interaction with peers and adults.
- Behavioral Support: Implementing strategies and support for managing behaviors that may interfere with learning or social interactions, including positive reinforcement and clear, consistent consequences.
- Modified Assignments: Tailoring homework and class assignments to match the student's learning pace and style, including breaking tasks into manageable parts, allowing alternative project formats, allowing extended time for tasks and tests, etc.
- Quiet Space: Access to a quiet, private space for when the student feels overwhelmed and needs a place to calm down or work quietly away from distractions.
- Sensory Accommodations: Making adjustments to the physical classroom environment to accommodate sensory sensitivities, such as providing noise-canceling headphones, alternative lighting, or seating options.
Right to Free Appropriate Public Education (FAPE) for Students with Asperger's Syndrome
Under Section 504 and IDEA, all students with disabilities are entitled to an equivalent public education with their peers. This means that schools getting federal funding for public education (essentially, all public and charter schools) must also offer a Free Appropriate Public Education (FAPE) to every student with a qualifying disability.
The individual structure of FAPE for students with Asperger's syndrome may incorporate many of the elements you would find in an IEP, as mentioned above, based primarily on the student's unique needs and challenges, the nature of their impairment, and the rules of the school district they attend. The basic principles of FAPE are that the student should be educated alongside non-disabled peers whenever suitable while also offering whatever extra education services necessary to ensure equal access to the provided education. FAPE does not ensure the highest quality services are available or the provision of any or all services desired by students with disabilities.
ADA Reasonable Accommodations for College Students with Asperger's Syndrome
The Americans with Disabilities Act (ADA) dictates that colleges and universities provide "reasonable accommodations" to students with disabilities. College students with Asperger's syndrome in need of reasonable accommodations may present documentation or a diagnosis of their impairment to their institution, asking for accommodations deemed suitable for their circumstances. The student's high school IEP (if one existed) can often be presented as proof of the need for accommodation by the school. Although not binding at the university level, an IEP can serve as a valuable reference for deciding appropriate or equivalent accommodations. (Many higher education institutions have a dedicated department to provide services for students with disabilities.)
When a School Fails to Accommodate Asperger's Syndrome
Unfortunately, students with Asperger's syndrome may, at times, face difficulties in securing crucial accommodations from their schools. Instances may occur where a school does one or more of the following:
- Doesn't recognize or acknowledge a student's disability;
- Inadequately accommodates the student's needs, or
- Simply doesn't provide accommodations.
In these cases, students and parents need to understand the extent of their rights under the law in order to demand enforcement. They must also be diligent in following the school's established policies and procedures in seeking a cooperative resolution with the school. If these efforts are unsuccessful, it may be time to consult with an education law attorney with experience in settling disability accommodation disputes.
How the Lento Law Firm's Education Law Team Can Help
Every student in America has the right to receive an education that addresses their unique needs and empowers them to succeed academically and personally--including students with disabilities like Asperger's syndrome. Federal laws are in place to protect this right, but translating these rights to actual school accommodations can be a challenge for students and parents alike.
At the Lento Law Firm, our Education Law Team has a wealth of experience in helping students with Asperger's syndrome and other disabilities secure appropriate accommodations for success. We understand how challenging it can be for parents faced with navigating the complex web of regulations and paperwork involved in securing services for their child. Our team can help guide you through the process of securing suitable accommodations for your child at their K-12 school, college, or university--and when necessary, we can take legal action to ensure your student receives the education they deserve. If you or your child is encountering difficulties in obtaining necessary disability accommodations from a school, call the Lento Law Firm at 888-535-3686 or complete our confidential online form.
