Home to one of the Public Ivy universities, Wisconsin also consistently ranks as one of the best states for K-12 public education. Unfortunately, despite 14 percent of students qualifying for special education, since the 1970s, the state has repeatedly cut special education funding. For families of students with disabilities, the good news is that recent state budget proposals increase funding for special education.
In the United States, children have the right to a free public K-12 education. For students with disabilities, this right includes special education services. While budget shortfalls may affect the types of services a school can provide, lack of money or staffing does not lessen the school's obligation to support students with disabilities.
Students with disabilities require effective accommodations as part of their education. If and when a school district fails to meet its duty to provide special education services, families do have avenues to address the issue and find a resolution.
The Education Law Team works with families nationwide to find solutions that keep the focus on students and their educations. When possible, we seek collaborative resolutions, and families can call us at 888-535-3686 or fill out a form to see how we can assist.
What is Special Education?
Special education provides services, support, and accommodations for students who have disabilities. Encyclopedia Britannica defines special education as “the education of children who differ socially, mentally, or physically from the average to such an extent that they require modifications of usual school practices.”
Ideally, special education should focus on the student and not the disability. That two students have the same disability does not mean they need or require the same accommodations and services. Another way to view special education is that it supports and encourages students to learn differently.
Laws about Special Education
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) form the basis of disability rights in the United States. For K-12 students, IDEA is the law that will most often appear.
IDEA applies to K-12 public schools and includes provisions for early intervention services for babies and toddlers and transition services for high school and some post-high school students.
IDEA mandates that school districts identify all children within their boundaries who may have disabilities as well as providing services to those children. Even if a student attends a private school or is homeschooled, they may still receive some services through their local school.
When a student qualifies as having a disability under IDEA, school districts must provide that student with an Individualized Education Program (IEP). While private or charter schools may have similar requirements, these policies do not have the backing of federal law. This means that if and when a dispute arises, a child does not have the same rights against a private or charter school as they would against a public school.
When disagreements occur, IDEA also includes dispute resolution options. If informal conversations and meetings do not provide a solution, families may consider mediation, a state complaint, or a due process hearing.
Common Terms and Acronyms
Families new to special education may find the number of terms and acronyms used overwhelmingly. Wisconsin provides a list of common terms and acronyms in special education. Some are specific to certain disabilities, while others are more general.
IEPs
Perhaps the most commonly used acronym is IEP. Short for Individualized Education Programs, IEPs are a key document for special education. Public schools must provide all students who qualify for special education services with an IEP.
These written documents, required under IDEA, list the services, support, and accommodation that students should receive. School districts may also include a student's goals and strengths. IEPs should be specific to the student and should not take a cookie-cutter approach for students with the same disability.
504 Plans
504 Plans are similar to IEPs, only they stem from Section 504 rather than IDEA. Most students in special education will have IEPs, but 504 Plans have a lower bar to qualify for support and can be useful in certain circumstances. Milwaukee Public Schools provides an example of a school district's 504 Plan information.
Reasonable Accommodations, FAPE, and LRE
When discussing the services, support, accommodations, and modifications a student requires, families may hear the term reasonable accommodations. This is the standard that school districts must meet to comply with federal law. These accommodations must be effective and not place an undue burden on the school or a member of the school community. Accommodations do not have to be the most expensive, newest, or most effective to meet the standard.
Another frequently used term is free appropriate public education (FAPE). The United States gives all students the right to a free K-12 public education. For students with disabilities, FAPE includes special education services. If a school district fails to provide a student with special education services, that district is depriving the student of their right to a free, appropriate public education.
The final common term is least restrictive environment (LRE). LRE is the idea that most students benefit from being part of the general school community and in general education classrooms as much as possible.
The exception is if these classrooms cannot adequately support a student if a student's presence in a general education classroom would burden other students, or if a student requires more specialized support. Similar to IEPs, LRE, and placement determinations should be based on the individual student and that student's best interests.
Who Qualifies for Special Education
The Wisconsin Administrative Code defines the following as disabilities for the purposes of receiving special education services:
- Autism
- Blind and visually impaired
- Deaf and hard of hearing
- Deafblind
- Emotional and behavioral disability
- Intellectual disability
- Orthopedic impairment
- Other health impairment
- Significant developmental delay
- Speech or language impairment
- Specific learning disability
- Traumatic brain injury
Under IDEA, these disabilities must also affect a child's education to necessitate the need for special education services. For 504 Plans, a student's disability must affect at least one major life activity.
Each disability has different criteria. If parents or guardians have concerns that the criteria or assessment may not properly diagnose their student, they should discuss the issue with the school.
How to Qualify
Students qualify for services through referral and evaluation. The specifics of each step depend on a student's disability and what assessments and tests a child has already undergone.
All school districts should have their policy for identifying students with disabilities easy to access for families. Cedarburg School District, for example, has its District Handbook available on its website and also includes a summary of how students qualify for IEPs.
Programs such as Child Find focus on identifying babies and toddlers before they begin school. Elmbrook School's Child Find policy provides a good example of a standard policy. Research shows that early intervention can improve long-term outcomes for students with disabilities and help babies and toddlers learn needed skills when their brains are most adaptable.
For other children, their disability may manifest at an older age or may not be noticeable until they begin school. Students can be referred for testing and assessment at any point in their education. Once a referral is made, a school district will decide if an assessment is necessary.
If the evaluation shows that a student has a disability, the next step will be an IEP Meeting. During these meetings, families and school staff will meet to discuss what services, support, and accommodations a student requires.
Why Evaluation Matters
Identifying a disability and having that disability properly assessed determine the special education services your child receives. This is why parents and guardians should ask questions and be proactive throughout the process.
Before any assessment, families should also be aware of potential stereotypes or generalities about disabilities. For example, for decades, it was thought that boys were more likely to be dyslexic than girls. More recent research has shown that boys and girls are equally likely to have dyslexia and that the difference was that boys were more likely to be diagnosed.
School staff, even those who are well-meaning, may not be up-to-date on the most recent research for your student's disability. They may hold to outdated beliefs or research, such as the idea that boys are more likely to be dyslexic. The result can be that your student is either not identified or not properly evaluated for a disability.
The Wisconsin Department of Public Instruction highlights this on its page, Comprehensive Special Education Evaluation: Why it Matters. The page highlights that the IDEA requirement for special education evaluation is “sufficiently comprehensive.”
Limitations
At the same time, IDEA states that school districts do not have to provide evaluations more than once a year unless both the school district and family agree on reevaluation. In other words, if a family disagrees that an evaluation met the standard of “sufficiently comprehensive,” a school district does not have to provide additional testing if the school district believes the testing was comprehensive.
In this case, families can appeal the decision. They may also wish to pay for testing out-of-pocket, although if they decide on this course of action, they should make sure the school will accept the testing and the evaluations meet the school's requirements for disability assessments.
If and when a school district fails to provide a “sufficiently comprehensive” evaluation and assessment, families should consider contacting the Lento Law Firm. Inaccurate or incomplete evaluation may result in a child not receiving special education services or receiving insufficient or inaccurate support.
State Resources
The state provides several resources for families of students with disabilities. These can be found through a student's home school district or via the Department of Public Instruction's Website.
Wisconsin's Special Education Team website is a good introduction to special education services and support within the state. Wisconsin provides families with An Introduction to Special Education. This guide focuses on special education via IEP Plans.
Another state resource is a guidebook on dyslexia and related conditions. The state also uses the Multi-Level System of Support (MLSS) framework. MLSS is an evidence-based practice with the foundational belief that all students can succeed in school.
For an example of a school district implementation of MLSS, see the Mequon Thiensville School District's page on MLSS. Mequon also uses Positive Behavioral Intervention and Supports (PBIS), which is a proactive approach that seeks to encourage positive behavior and minimize the need for discipline.
State-Funded Schools
The state also funds the Wisconsin School for the Deaf and the Wisconsin School for the Blind and Visually Impaired. Both schools offer tuition-free education for students who qualify, as well as statewide outreach programs. Families can contact either the schools directly or their local school district to find out about these programs and resources.
District Programs
What programs and services school districts provide can vary. IDEA and Section 504 do not list specific programs or accommodations schools must provide as part of their special education departments. The standard is that they must provide reasonable accommodations.
Some districts may provide services above and beyond the requirements. Green Bay Area Public Schools has a Special Education Council. The purpose of this group is to ensure the district is using current best practices in special education and foster family and community involvement.
Many school districts will provide a similar array of services, such as speech therapy. The Madison Metropolitan School District provides a list of its services.
Understanding the importance of transition services for special education students, the Whitefish Bay School District provides support and resources. These guides help students and their families plan for post-12 transitions before students enter high school.
Encouraging planning and preparation for this transition can help students identify their post-school goals. Students can also have an IEP that supports those goals and sets them up for their post-secondary life.
Special Education is Education
For students with disabilities, special education is not an extra to their schooling but a central and key component of their education. If and when school districts fail to provide needed special education services and support, students cannot fully benefit from their education.
Disagreements about special education services can occur throughout the process. Whether a school district denies a student an assessment or fails to implement an IEP, families have avenues to address these problems. Lento's Education Law Team works with families to help find resolutions that keep their student's education the focus and the goal. Let us know more about your case by phone at 888-535-3686 or online and learn more about how we can help your student.
