Home to the forty-ninth largest school system in the U.S., Vermont serves over 80,000 students, more than 300 public schools, and 86% of the Green Mountain State's K-12 students attend public schools. Chittenden County, the state's most populous county, serves around 21,500 students through its forty-nine public schools. Vermont's largest school districts include:
- Barre Unified School District No. 97
- Burlington School District
- Colchester School District
- Essex Westford School District
- Mount Mansfield Unified School District No. 401
- Rutland City School District
- South Burlington School District
Vermont school districts must provide disabled students with accommodations, services, and support under federal and state law. Unfortunately, school officials and educators don't always have the context to appropriately provide for students who have special needs. A school district's failure to acknowledge a student's disability or provide necessary accommodations can lead to several unfavorable consequences, including exacerbating disability symptoms, missing out on learning opportunities, academic misconduct, and school disciplinary violations.
If you're a student, or a parent or guardian of a student, who may be involved in a potential dispute with your school district, get in touch with the Education Law Team at the Lento Law Firm online or at (888) 535-3686 to discuss your options. Our special education attorneys represent students and their families nationwide and will pursue every legal avenue to advocate for your special education rights.
Federal and State Protections for Vermont Students with Disabilities
Students with disabilities deserve to have appropriate educational opportunities, and they're entitled to such learning opportunities under federal and state law. Disabled students must also receive any accommodations, services, and support they require to benefit from this education, which all fall under the umbrella of “special education.” In Vermont, the state Secretary of Education oversees all special education matters and heads the Vermont Agency of Education, which implements state and federal laws, rules, and policies relevant to Vermont's public education system.
Individuals with Disabilities Education Act (IDEA)
The federal law known as the Individuals with Disabilities Education Act (IDEA) requires school districts to evaluate, accommodate, and provide services to students with disabilities. Students are entitled to receive from their school a free, appropriate education (FAPE) in the least restrictive environment (LRE) possible. Part of the IDEA's nationwide educational mandaterequires schools to make and update an individualized action plan (IEP) for each disabled student.
Vermont Special Education Laws and Rules
While federal law sets base requirements for special education in K-12 school districts, Vermont state education law and the Vermont Board of Education Special Education Rules impose additional requirements and specifications for how public schools must fulfill their duties to provide special education. School districts must provide their disabled students aged 3 to 21 years old with a FAPE, IEP, and substantially equal access to a quality basic education, though specific educational programs may vary among districts.
How Does Vermont Define Special Education?
Vermont state law defines special education as specifically designed instruction conducted in the classroom, home, and other settings, including the following services:
- Speech-language pathology services: facilitating proper communication skills
- Travel training: instruction to develop students' awareness of their environment and teach the skills necessary to safely move within that environment
- Vocational education: programs directly related to preparing students for employment
- Co-teaching: joint classroom instruction by the general education teacher and a special education teacher
- Physical education: instruction to develop physical fitness and motor skills
Who Qualifies for Special Education in Vermont?
A student is eligible for special education if they have an identified disability that negatively impacts their educational performance, and the special education services they need to benefit from their educational program aren't available via standard classroom conditions or supplementary aids. Even if the negative impact of the student's disability isn't substantial or significant, the student may still qualify for special education services and accommodations. Categories of disability include speech or language impairment, orthopedic impairment, visual impairment, intellectual disability, autism spectrum disorder, and deaf-blindness.
Eligibility Determination for K-12 Special Education Services
Determining a student's eligibility for special education involves a formal evaluation process. The student's parent, local education agency (i.e., a school district), Vermont Agency of Education, or other state agency may make such a request. An Evaluation Planning Team (EPT) is responsible for arranging for or conducting all evaluations and preparing a written report that documents whether the student is eligible. Reevaluation of the student with the disability occurs every three years. Evaluations and reevaluations require parental consent, so the parent must receive proper notice of any evaluation results and eligibility determinations.
Individualized Education Programs
Schools must develop an Individualized Education Program (IEP) for each student with a disability consistent with the Vermont Special Education Rules. The IEP describes all special education services and related services that the student requires to benefit from their educational program; identifies the special education program; and outlines the reasonable accommodations the student requires to advance in the general education curriculum.
Parents and guardians don't have to accept the IEP as given. Instead, they should prepare to be active participants in the process of tailoring the IEP to the specific needs of their student.
Parent Rights in Special Education
Parents of students who may have a qualifying disability should know that the IDEA and Vermont Special Education Rules give parents certain rights and protections as well. Parents have the right to:
- Receive written notice from the school regarding the student's identification, evaluation, educational placement, or FAPE
- Consent and revoke consent to student evaluation, revaluation, and special education services
- Inspect any education records relating to the student that are collected or used under the IDEA
- Confidentiality and privacy of student records, and the right to challenge the information in the records as inaccurate or in breach of confidentiality
- Conflict resolution through mediation with an impartial mediator; administrative complaint filed with the Vermont Secretary of Education; or due process complaint before an impartial hearing officer
In some cases, parents may also be entitled to file a civil action or file an appeal in state or federal court.
Special Education Attorneys Serving Clients Nationwide
Students with disabilities have the right to a free education and special education services, no matter where they live in the United States. The Education Law Team at the Lento Law Firm helps families advocate for the rights students are entitled to by law. We're familiar with navigating federal and state education laws and complex bureaucratic procedures so students receive the opportunities and accommodations they need to prepare them for the future. We represent students and their families in the following matters and more:
- Mediation
- Administrative Complaints
- Due Process Complaints
- Appeals
- Civil Actions
Call the Lento Law Firm Education Law Team at (888) 535-3686 or contact us online to hear how we can help.
