In the U.S., millions of students enrolled in K-12 schools benefit from a nationwide system supporting traditional education environments with state and local government oversight. Iowa students have the same opportunities as those in other states to obtain a public education at no cost to them or their parents. While schools have a mostly generalized approach across programs in large urban centers, suburban enclaves, and rural expanses, Iowa also ensures that students with elevated needs are reinforced through special education programs.
Given its breadth and depth of available resources, special education is often an umbrella term referring to various non-traditional approaches to educating students to keep up with individualized needs. To align with layers of federal and state law, Iowa school districts will have their own special education programs staffed with teachers and other professionals, with access to aids and support systems required to give every student the right to graduate with a diploma.
However, sometimes, students in special education programs or parents seeking services for their children fail to obtain legal provisions granted to them. Some schools may not have the staffed need to provide program modifications or the physical aids needed for a student to attend classes with the general student body. When issues arise with your child's special education needs, the Lento Law Firm's Education Law Team is ready to work for your student's academic future—call 888-535-3686 or contact the Lento Law Firm online today.
What is Special Education in Iowa?
The leading federal law protecting special education rights in K-12 schools is the Individuals with Disabilities Education Act (IDEA). IDEA has four parts aimed at different age groups eligible for aid, parent training, and state-led initiatives, which include the following:
- Part A: General outline of IDEA
- Part B: Federally-provided, state-managed student assistance (ages 3-21)
- Part C: Early intervention services for infants and toddlers (ages 0-3)
- Part D: Parent training and information and state personnel development
Parents should be most familiar with IDEA Part B as it will follow their child's academic needs until they graduate or age out at 21. Nevertheless, parents may also seek early childhood services beginning at birth from the Iowa Department of Education (IDE). States are also permitted to expand services and even eligibility through IDEA. For instance, while Iowa isn't required to provide special education services to a student beyond the age of 21, students who reach 21 during the school year will be eligible to finish the year while maintaining support.
Federal and state regulations require Iowa schools to ensure that their special education services maintain the same statewide academic guidelines as traditional programs. Still, some school districts augment their programs with external and alternative settings or regional and statewide institutions that can manage students with requirements that cannot be met in a traditional setting.
Common Special Education Terms
Even though special education programs can be as varied in scope as the needs of students, there are some commonalities. But the following terms aren't just vocabulary; they are legal provisions backed by the federal government.
- Free Appropriate Public Education (FAPE): Every student in the U.S. is afforded the right to a public education without charge, even if it must be modified to fit a student's need. IDEA's key objective is to provide FAPE for students with disabilities or those eligible for special education services.
- Individualized Education Programs (IEPs): If a student requires school modifications, special education personnel, parents, and sometimes the student will convene to create guidelines of support and resources. These can include reasonable accommodations a school provides to ensure students with disabilities have access to FAPE.
- Reasonable Accommodations: To fulfill FAPE requirements, schools must provide accommodations to students with disabilities, which are outlined in a student's IEP. However, it's important to remember that it does not mean students will get the "best" accommodations, only "reasonable" ones for qualifying disabilities.
- Least Restrictive Environment (LRE): This is the environment in which students with disabilities must be placed to make them part of the broader school community. What LRE means to each student depends on their disability and best interests.
What Students Qualify for Special Education?
Oftentimes, students will enter special education programs if they present a disability that will affect the quality of the education they receive. IDEA outlines 13 categories of disabilities that are legally required to be met with reasonable accommodations or other special education services, which include the following:
- Autism Spectrum Disorder
- Deafness
- Deaf-Blindness
- Emotional Disturbance Disorders
- Intellectual Disabilities
- Hearing Impairments
- Multiple Disabilities
- Orthopedic Impairments
- Specific Learning Disabilities
- Speech or Language Impairments
- Traumatic Brain Injury
- Visual Impairments
- Other Health impairments
Parents may feel immense hope that their children have access to and support services through numerous special education categories. However, parents must understand that their children do not automatically qualify for special education services just because they have a diagnosed disability. First, there must be a series of meetings in a joint effort between parents, school officials, and the district's special education personnel to determine that the student will have forward academic, behavioral, or social progress with available support systems.
Before encountering the IDE and its special education system, a child may be determined to have a disability by another state agency or health provider. However, while such a diagnosis may satisfy the conditional component of an educational disability, it does not establish eligibility for special education. Iowa doesn't expand categories of disability under IDEA, but assessment teams may expand the criterion within the Specific Learning Disability category.
How Does Iowa Test Students for Disabilities?
Through IDEA's "Child Find" provision, area education agencies (AEAs) in Iowa and other states must identify and assess all children with suspected disabilities from birth through age 21. Assessments to determine disabilities or the need for special education services will be individualized for each student. The analysis will include using various methods and procedures to gather relevant functional, developmental, and academic information about the child.
IDEA requires that an initial evaluation must be completed within 60 days of receiving parental consent. An eligibility determination team will include the following parties:
- Parents of the student being evaluated.
- Staff to assist in interpretation to the student or parents.
- Individuals with knowledge or special expertise regarding the student.
- AEA special education personnel.
- The student, if appropriate.
Throughout the process, the eligibility determination team will determine the following factors:
- Current and past levels of academic achievement and functional performance.
- How a disability affects the student's involvement and progress in the general education curriculum.
- Potential aids or support systems that could assist in future academic and behavioral outcomes.
All information uncovered in the eligibility determination is documented in an Educational Evaluation Report (EER). If the team determines that a child has a disability and requires special education to make meaningful academic progress, the team may move to schedule a full IEP team meeting within 30 days.
If the team fails to reveal a disability, parents will be notified of their refusal to implement special education services. There are some exclusionary factors that the IDE asserts will affect eligibility status, including the following:
- A lack of appropriate instruction in reading or mathematics.
- Having limited English language proficiency.
- The student or family's cultural elements.
- Environmental or economic disadvantages affecting the student or family.
Parents are also not obligated to agree with official determinations made by the team, and changes to a child's education plan can only be instituted after parental consent. A student's parents may seek dispute resolution as a means of redress.
Types of Services for Iowa Special Education Students
Special education services will cover a wide range of accommodations and modifications, whether slight or significant changes to the curriculum content, student performance expectations, or the educational environment. Each will be outlined in the student's IEP and may include but are not limited to:
- Audiology services
- Behavioral counseling
- Family counseling
- Interpreting services
- Medical services
- Occupational therapy
- Orientation and mobility services
- Physical therapy
- Specialized transportation
- Speech therapy
Students may also receive additional or supplementary aid through IDEA to enable their inclusion in the same learning environment as the general school population. These can be as wide-ranging as accommodations and modifications, including some of the following:
- Extended assignment completion times
- Frequent reminders of class rules and expectations
- Large-print textbooks
- Oral or open-book exams
- Personal or instructional support from special education personnel
- Preferential seating
- Tutoring services
Despite numerous types of assistance for their children, parents may want to push for new or different special education services or accommodations for their children. While parents are their child's authority, federal law only requires that schools offer reasonable accommodations to students with disabilities—not all or even the best accommodations.
Iowa Special Education Dispute Resolution
Typically, parents and special education personnel work together to lay out a pathway toward graduation for students receiving services. But sometimes, parties may disagree on accommodations, disability diagnosis, assessments, and other factors. Iowa addresses dispute resolutions a few different ways, like those listed below:
- AEA Mediation: AEA mediators can impartially resolve disputes over special education services by clarifying steps in the process, focusing on the student's needs, and exploring potential solutions in a confidential setting.
- IDE Mediation: Mediation is a voluntary process, but it can be sought as a mechanism of negotiation while seeking a due process hearing. The IDE assigns a third-party mediator to help both parties make a mutual decision. Once the dispute is resolved, the IDE assigns a "shepherd" to address any issues that may result during the implementation of the legally binding agreement.
- Due Process Hearing: If less formal means fail to resolve disputes or there is a disagreement over the student's special education identification, evaluation, placement, or services, a due process hearing will commence. The IDE assigns an administrative law judge (ALJ) who will hear legal arguments from the parties or their representatives. The ALJ must render a final decision within 30 days, which can be extended to 45 in some circumstances.
- Formal Written Complaint: This method can be used when alleged violations of special education law occur. State authorities will conduct an independent investigation and issue a determination within 60 calendar days.
An Iowa Student's Right to Special Education
Although students with disabilities have the right to FAPE, obtaining special education resources can be riddled with complications. What each school district or AEA can provide may fluctuate because of larger factors. For instance, the school district's general population, its distance from urban centers, local economic and political dynamics, and others can influence how special education is funded and even administered to students. Despite that, parents can gain the help their child needs by getting in touch with the Lento Law Firm.
The Lento Law Firm's Education Law Team is prepared to provide clear guidance for how Iowa's special education system works and the federally-backed rights of all students. Attorneys with the nationwide Lento Law Firm can assist in the following issues integral to special education.
- Legal Comprehension: Federal and state regulations like IDEA are often packed with hard-to-understand terminology and complex processes. The Education Law Team understands the particular nuances of various government regulations to ensure you know how your child can be affected.
- Discrimination Risks: Although special education provisions are set into the law, a lack of enforcement or accountability can severely affect students. The Lento Law Firm will protect your child against the heightened risk of discrimination from broad-spectrum policies and potential shortcomings of AEA or school district oversight.
- Administrative Hearings: The IDE's avenues of dispute resolution are positive for parents but can sometimes be intimidating to those unprepared. The Lento Law Firm's Education Law Team can assist families with proceedings, including presenting evidence on behalf of their child, seeking testimony from past teachers and others pertinent to the evaluation process, and arguing before an ALJ for a beneficial resolution.
The Lento Law Firm Education Law Team assists students and families nationwide to ensure they receive the educational opportunities afforded to them under federal and state law. To get started with advocating for your student, contact the Lento Law Firm online or call 888-535-3686 now.
