Public schools must provide effective special education services to students and early intervention support to babies and toddlers. Too often, however, schools fall short of their responsibilities. For children and teens with disabilities, whether they receive effective support and accommodations can be the difference between thriving and struggling in school.
Whether you live in Charles Village, Carroll County, or Annapolis, if your child has a disability, they have a right to special education services and support. This is the case even if your child isn't enrolled in their local public school.
If you reside in the Baltimore area, the Education Law Team at the Lento Law Firm can help you and your child navigate issues related to disability rights in education. Call us at 888-535-3686 or fill out an online form.
Federal Laws
At the federal level, three laws establish the foundation for disability rights and protection in K-12 education. They are:
- The Individuals with Disabilities Education Act (IDEA)
- The Americans with Disability Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
IDEA, ADA, and Section 504 each focus on a different area of disability rights. For students, these three laws work together to protect their right to an education.
K-12 students and their families will likely hear about IDEA the most. Some of IDEA's requirements:
- School districts must provide services from birth to age 21 (for students who haven't graduated from high school) for those with eligible disabilities
- School districts have to assess and evaluate all infants, toddlers, children, and teenagers who reside in a district and may have a disability
- For students with an eligible disability, schools must create an Individualized Education Plan (IEP), which lists what accommodations a student will receive
- Babies and toddlers between 0 and 3 will receive an Individualized Family Services Plan (IFSP)
- Accommodations must be effective and reasonable
- Toddlers, children, and teenagers don't have to be enrolled in their local public school to receive services from their local school district
If a student doesn't have an eligible disability under IDEA, they may be eligible for a 504 Plan under Section 504.
Maryland Law and Services
Both the Maryland State Department of Education (MDSE) and the Department of Disabilities play a role in special education. They oversee programs and services for students with disabilities throughout the state.
In Maryland, students qualify for an IEP when they have an eligible disability. The state emphasizes that a student's disability category alone doesn't determine the amount and type of services a student will receive.
Students are more than their disabilities, and what accommodations and support they require depends on the individual. Two students may have the same disability but entirely different support needs. Ideally, a student's IEP should consider not only a student's disability but also their strengths.
Family Support Centers and SECAC
In Maryland, each school system has a Family Support Center. The MDSE provides assistance, support, and guidance to these centers. The goal of these centers is to give parents and families the information and support they need to be more active in the education process. These centers may also assist with informal dispute resolution.
Districts must also have a Special Education Citizens' Advisory Committee (SECAC). While IDEA requires all states to have a statewide advisory panel on special education, Maryland requires that each school district have an SECAC.
The goal of these committees is to bring together educators, parents, and members of the committee with the goal of supporting and improving a district's special education services. The Anne Arundel County Public Schools SECAC provides a good example of this program.
Dispute Resolution
The Family Support and Dispute Resolution Branch (FSDR) manages the state's dispute resolution programs. FSDR provides both informal and formal avenues for resolving disagreements between families and parents. In general, families should first seek to find a solution through informal means, such as meeting with a student's teacher.
Maryland has the following options for formal dispute resolution:
- Mediation
- Due process complaint
- Resolution process
- State complaint
The Education Law Team at the Lento Law Firm assists our clients with understanding dispute resolution options and deciding which one is best for their situation. Our focus is on finding the best avenue to protect each student's education.
School District Policies and Services
The Baltimore area covers urban, suburban, and rural neighborhoods that include Maryland colony settlements, Baltimore row houses, and new subdivisions. These areas must all follow the same federal and Maryland laws on disability rights in education.
The difference comes in school district operations and policies. As long as accommodations are effective and meet federal and state laws, school districts decide what policies they have and what accommodations and services they provide.
Specialized Schools
The majority of students with disabilities are part of the general student body for most of their school day. Some students, however, require more specialized or individualized instructions.
In the Baltimore area, several school districts provide these more intensive support services for students. They include:
- Located in Westminster, Carroll Springs School is part of the Carroll County Public School System. The school supports students with multiple disabilities, ranging in age from 0 to 21. Its services include occupational therapy, physical therapy, and education.
- Baltimore City Public Schools has five campuses dedicated to students with special needs and disabilities. Each school supports a different age group and need.
- Baltimore County Public Schools also has several campuses dedicated to special education services and support. Maiden Choice School, for example, supports students between ages 3 and 21 with significant cognitive disabilities.
District Programs
What services and support a district provides isn't just what a student receives during the day. It can include programs to support families of students with disabilities.
The Howard County Public School System, for example, has a series of Behavior Talks videos. These videos cover a range of topics, including how to support a student at home to encourage success.
Districts often divide special education into age groups. Like many Maryland school districts, Harford County Public Schools uses the following divisions:
- Birth to Age 5
- Age 3 to Age 21
Protect Your Child's Education
Your child deserves the support they need to reach their full potential in school. Having a disability doesn't mean a child can't succeed in school. It simply means they require a different path to reach those goals.
If your child or teen isn't getting the support they need, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
