In Kansas, the number of students who qualify for special education support continues to increase. This added number of students potentially increases the burden on schools and risks students not receiving needed support in school.
In the United States, special education is a right for qualifying students. These services are a crucial part of a student's education. Without this support, students are more likely to experience disciplinary problems, struggle academically, or even drop out.
The Education Law Team at the Lento Law Firm assists families throughout Kansas with issues related to special education and disability support. We appreciate how complicated the process can be, and we know the importance of education for a child's development and their future. We seek student-centered, collaborative resolutions. Call us at 888-535-3686 or fill out an online form to tell us about your situation.
What is Special Education?
Federal law defines special education as “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.”
Special education is not a bonus but a required and needed part of education for students with disabilities. It's unrelated to a student's intelligence or ability to succeed in school.
What special education services and support a student receives will depend on the student. Students are more than their disabilities, and special education should reflect both the support a student requires and their strengths. Special education should not be one-size-fits-all, and students with the same disability may require entirely different services and support.
Federal Laws
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) are the three federal laws that create the foundation for disability rights in the United States. For K-12 students, IDEA is the most relevant.
IDEA establishes that:
- Public schools must identify, evaluate, and provide services to all children with disabilities who haven't graduated from high school and reside within their boundaries.
- Students don't have to attend a public school to receive services. Students who attend private or charter schools or are homeschooled may receive special education services from their local public school.
- Once a student meets IDEA's requirements, schools must provide that student with an Individualized Education Program (IEP).
- IEPs are written documents that provide a guide for what services and support a school must provide to a student.
Dispute Resolution
If and when disagreements arise between families and schools about special education services, IDEA requires that states provide dispute resolution options. Whether the disagreement is over whether a student qualifies for services, what services are in an IEP, or a district failing to provide services and support, families may seek a solution via these options.
When possible, families should have a conversation or schedule a meeting with school staff to solve the problem. These more informal options can result in quicker resolutions and minimize the disruption to a student's education.
When more formal options are needed, families can select from the following:
- Mediation
- Complaint Investigation
- Due Process Hearing
Kansas has a chart comparing the three options and providing general information on each.
State complaints are about general concerns about schools failing to follow the law or regulations. They do not have to be specific to a child.
Of the remaining two, due process hearings are the most formal. Each side presents evidence to a neutral third party who will make a decision.
Mediation involves the two sides sitting down with a neutral third party to discuss the problem and seek a resolution. The third party's job is to guide the conversation, not to offer opinions or issue a decision. If and when mediation fails, families may opt for a due process hearing.
Families do have the option to appeal decisions to state or federal courts.
The Lento Law Firm assists families in deciding which option is best for their situation and their child. Our team helps our clients understand the pros and cons of each choice.
Common Special Education Terms
Three terms often appear when discussing special education. While there are dozens of terms and acronyms, these three deserve attention because of their frequency.
The United States gives all children the right to a free appropriate public education (FAPE). For students with disabilities, this right extends to special education services. If a district fails to provide those services to a student, that district is depriving that student of their right to FAPE.
Students receiving special education support should be part of the general school community as much as possible. Known as least restrictive environment (LRE), this practice encourages placing students with disabilities in general education classes when it's in that student's best interests. The majority of students with disabilities spend all or most of their time in general education classrooms.
Schools must provide students with reasonable accommodations. These accommodations must be effective but do not have to be the most effective, most expensive, or newest.
Schools may also deny an accommodation when it would place an undue burden on the school or another member of the school community. An undue burden may be a cost, an expected time commitment of a staff member, or putting another student at a disadvantage.
Special education services don't have to place a student on the same footing as their non-disabled peers. These services and accommodations must instead place a student on a similar footing in addition to not giving them an advantage over their classmates.
Who Qualifies for Special Education
Families cannot simply request special education services for their students. Students must qualify under either IDEA or Section 504 for support.
Of the two, IDEA is the more restrictive. Students must meet two criteria:
- They must have a qualifying disability and
- That disability must affect their ability to access their education.
Olathe Public Schools No. 233 provides a list of the disabilities that qualify a student for an IEP in Kansas. They are:
- Autism
- Deaf/blind
- Developmental delay
- Emotional disability
- Giftedness
- Hearing impairment, including deafness
- Intellectual disability
- Orthopedic impairment
- Other health impairments
- Specific learning disabilities
- Speech or language impairment
- Traumatic brain injury
- Visual impairment, including blindness
For students who don't qualify under IDEA, they may qualify for a 504 Plan under Section 504. Section 504 uses a more expansive definition of disability, which is the same as that used by the ADA. Students will qualify as having a disability when they have:
- A physical or mental impairment and
- That impairment affects at least one major life activity, such as attending school
How to Qualify
As Unified School District No. 232, which serves De Soto, Shawnee, Lenexa, and Olathe, states on its website, students must meet two criteria to qualify for special education services:
- They must have a disability
- They must need support, services, or specially designed instruction beyond what's available as part of general education
USD 232 also highlights that:
- The district works with private schools in the area to identify and assess any children who may have disabilities
- Any child or teenager who has not graduated from high school may be referred for evaluation
Topeka Public Schools similarly emphasizes the importance of early intervention and working to identify all students with potential disabilities, not just those who attend public schools.
Kansas provides the public with a PDF about eligibility indicators for each disability. The document, updated annually, shows how assessment varies depending on a child's suspected disability.
For children and teenagers with disabilities, the general process is:
- Referral
- Evaluation and assessment
- Meeting to establish support and services
The Kansas Special Education Process Handbook includes a detailed flowchart about the steps to determine a child or teen's eligibility.
When a district evaluates a child for a disability, that assessment must be sufficiently comprehensive. These evaluations are important not just for determining whether a child has a disability. They also affect what services and support a school will provide.
For students who qualify for an IEP, their parents or guardians will meet with school officials to determine what services and support the student requires. Depending on their age and abilities, students may also attend these meetings. Once agreed upon, IEPs are legally binding documents.
IEPs should be revised annually. Even if parents and guardians do not believe a revision is necessary, they should still meet with school officials to discuss their child's progress.
IDEA requires that students be reassessed every three years. Families and schools can opt to waive that reassessment.
Developmental Delays
For children under the age of 5, there's an additional category under IDEA: developmental delays.
Children under the age of 5 may be screened for developmental delays in the following areas:
- Large and small motor movements
- Speech and Language
- Self-help skills
- Early learning skills
- Behavior and social
- Hearing and vision
Developmental delays are being significantly, not just slightly, behind the average for a developmental milestone. The Kansas Department of Education has a fact sheet explaining developmental delays and at what point parents or guardians may want to consider assessment. Recognizing the importance of early intervention, Maize Unified School District No. 266 and Renwick School District No. 267 have the Bright Start Early Childhood Development Screening.
Staff and Funding Shortages
One of the biggest challenges facing students with disabilities is a lack of qualified special education teachers and staff, as well as funding shortages.
Kansas is one of several states experiencing teacher shortages, including in special education. A 2022 survey found approximately 4 percent of teaching jobs in the state were vacant, and the problem is expected to worsen. In Spring 2023, the state had 377 vacancies for special education staff.
One way Kansas is looking to reduce the staffing shortage is by reducing the education requirements for potential staff. Rather than requiring a Master's Degree, the state is experimenting with allowing paraprofessionals to qualify to provide special education services after a year of working in special education and finishing an apprenticeship.
Funding shortages and an increase in students qualifying for special education add to the problems facing special education. Both Kansas and the federal government have failed to meet their funding obligations for special education in recent years.
Kansas should cover at least 92 percent of each district's excess costs for special education services every year. In 2023, the state provided less than 70 percent of funding for excess costs, resulting in a shortfall of $175 million.
The lack of teachers and funding, when coupled with a rise in qualifying students, can affect individual students. Schools cannot provide what they don't have, and schools may deny accommodations if they place an undue burden, including a financial one, on a school.
State and District Programs
School districts are responsible for determining what special education programs and services they offer. As long as accommodations are reasonable and effective, districts have met the requirements of federal and Kansas laws.
This wide variety of support is one of the challenges facing families of students with disabilities. Certain districts may provide better services for certain disabilities.
Many districts, however, offer similar programs, such as speech or occupational therapy. Wichita provides a summary of its services, many of which are commonly offered by districts.
What programs and services students require will likely change as they age and learn. Blue Valley Schools, located in Overland Park, divide their special education services by age. The range is from birth to age 21 and includes different transition programs for students headed to the workforce and to college.
Special Education Partnerships
Districts will sometimes opt to partner with other school districts to pool resources for special education. The idea underlying these consortiums is that districts can better support students by working together.
In Kansas, one such example is the Butler County Special Education Interlocal No. 638. The Interlocal provides services to approximately 2,400 students in 9 school districts every year. The nine school districts that are part of the Interlocal are:
- Andover Unified School District No. 385
- Augusta Unified School District No. 402
- Bluestem Unified School District No. 205
- Circle Unified School District No. 375
- Douglass Unified School District No. 396
- El Dorado Unified School District No. 490
- Flinthills Unified School District No. 492
- Remington Unified School District No. SD 206
- Rose Hill Unified School District No. 394
The Kansas City, Kansas, Bonner Springs, and Piper School Districts have similarly partnered to provide special education services. The Wyandotte Comprehensive Special Education Cooperative provides support for babies, toddlers, children, and teenagers ranging from early education to transition services.
Your Student Has a Right to an Education
Staffing or funding shortages don't reduce a school's obligation to provide special education services to students with disabilities. If your child isn't receiving the support they require in school, the Lento Law Firm Education Law Team can help. Contact us at 888-535-3686 or fill out an online form.
