Category Archives: Disability
Q: What are private schools required to do in order to serve students with disabilities?
A: Unlike public schools, private schools (K-12) are not required to follow federal and state special education laws. If parents make a decision on their own to enroll their child in a private school, they should understand that the school has a lot of power to decide how much they are willing to do in order to serve that child. This is true whether the child has a disability or not.
Private schools do have to comply with the Americans with Disabilities Act (ADA). The ADA requires basic access to a private school’s buildings and programs. Students cannot be discriminated against, treated unequally, or isolated because of their disability. Private schools can set admission requirements, but they cannot intentionally screen out applicants with disabilities who are otherwise qualified to attend.
Private schools must make “reasonable modifications” to policies, practices and procedures to provide equal access. They are required to provide aids and services to allow people with vision, hearing or speech impairments to communicate effectively. Private schools are not required to provide modifications, accommodations, aids or services that would create an excessive burden for them. When deciding exactly how to meet the needs of a student, parent or employee with a disability, factors can be considered such as how the cost of the aid or service compares to the overall resources available to the school. If resources are very limited, a school can choose less expensive options.
Private schools do not have to provide special education instruction or services like speech, occupational or physical therapy.
Private schools do not have to fundamentally alter their program in order to accommodate a student’s disability. For example, a school that has an identity based on having an advanced curriculum can remove a student who was working well below grade level. A school that focuses on hands-on learning in the natural outdoor environment can refuse to serve a student who is extremely fearful of most animals and insects.
We are often asked about what private schools are required to do by law. However, there are many private schools that voluntarily go beyond the minimum requirements. Some offer extra academic instruction for struggling students. Some will try hard to work with a student who has behavior challenges. If your child has a disability and you are thinking about private school, you should look at more than test scores or college acceptance rates. Ask if they offer additional support for students who need it. Pay attention to body language and other clues when you speak with school staff. Those may tell you a lot about how willing the school is to make an extra effort to help all of their students succeed.
At this very moment, many parents are very worried about the possibility that their child might be required to repeat their current grade. Many of these parents have received one or more letters notifying them that their child was at risk for retention because they were not meeting grade-level expectations for learning. These are often form letters that are sent automatically based on the child’s performance on academic testing done at several points during the school year. In many schools, the warning letters do not take into account that the student may have an identified disability.
With only a couple of exceptions, North Carolina’s public school law gives principals sole authority to determine what grade a student is assigned to. The exceptions include 3rd grade, when the Read to Achieve law mandates retention of any child who does not demonstrate “proficient” (grade level) reading skills on the End-of-Grade (EOG) assessment. Principals can request a “good cause exemption” for students who meet certain criteria. Students who have Individualized Education Programs (IEPs) based on disabilities that impact reading are eligible for such an exemption. The tricky thing about this is that the principal is not required to request the exemption. They can still choose to retain students who have this kind of disability. In high school, students are assigned to a grade based on the number and type of course credits they have earned. However, a high school principal can decide to assign a student to a homeroom that is different from the grade shown on their official transcript.
Parents do not have to just sit and wait anxiously for that last report card. There are things that they can do to try to help their child.
If you get a letter in January or February warning you about possible retention, you can contact your child’s teacher(s) to get more information about why the letter was sent. If your child is not learning at the expected rate, you can ask about what actions have been, or can be taken, to help them make more progress. For a child who does not have an IEP, this might mean starting or intensifying research-based interventions as part of a multi-tiered system of support (MTSS).
If your child has disability and receives supports as part of a Section 504 Accommodation Plan, you might want to consider asking for an evaluation to see if the child now needs special education services. If your child already has an IEP, you can request an IEP Team meeting to consider making adjustments to instruction and/or supports to improve learning.
Under any condition, it would still be a good idea to meet with the school principal to discuss your concerns about possible retention. Most public schools are too large to expect a principal to know each child well. You can discuss potential pros and cons for your child. For example, you can explain why it might make more sense to promote your child to the next grade with targeted supports and services, than to require the child repeat the entire curriculum of his/her current grade. You can also take that opportunity to share additional information about your child that the principal can consider as he/she makes their decision.
The principal does have the authority to make the final decision about retaining or promoting your child. However, you can try to influence that decision before it is made. You can also continue to advocate for your child to get the instruction and services that he/she needs next year, regardless of the grade they are assigned.
We are just about at the halfway point in the school year. Report cards will be coming home soon. If your child receives special education services you should also get a report on his/her progress on their IEP goals. This is a great opportunity to think about how things are going and whether or not some changes need to be made. Ideally, we would all like to have a happy, socially-successful child who is learning and developing at or above the expected rate in all areas. If that describes your child, you should give a word of thanks to all who have helped make this happen!
If your child’s grades are lower than you think they should be, try to get to the root of the problem. Is your child having difficulty learning the material being taught? Is he doing poorly on tests even though he seems to understand the work? Is she doing fine on tests, but has a low grade average because of zeros for several school assignments that were never completed or turned in? Has your child missed a lot of instruction because of disciplinary actions that have taken him out of the classroom too many times?
Even if the grades are okay, there may be other reasons to be concerned. The grades may seem to be inconsistent with what you see when your child is doing home work. The progress on IEP goals may be moving much slower than expected. Instructional assessments may show that the gap between your child’s skills and the achievement standard for his grade is getting wider instead of more narrow. Is your child saying, or showing, that she does not want to go to school? Are you getting more reports about problem behavior at school?
If you do see any red flags, the first action to take is to try to understand what is working and exactly where there may be some problems. Talk to your child and your child’s teacher(s). Ask what you can do at home to help your child be more successful. Work with the teacher(s), other school staff, and the IEP team as appropriate to come up with solutions to any problems that are identified. Make adjustments in terms of instruction, materials, strategies, accommodations, services, supports, environment…whatever makes sense for your child at this time. Keep an eye on things to see if there is improvement or a need to try something else.
Your child is the winner when his educational team is working together toward the same goal!
Children with disabilities may get into trouble every now and again, just like other children. When it comes to the discipline of students who have disabilities, public schools have a special obligation to consider the possible role of the child’s disability. There are federal and state laws that provide guidance in this area.
Section 504 of the Rehabilitation Act of 1973 prohibits any program that receives any federal funds from discriminating against an “otherwise qualified” individual based on their disability, when it comes to accessing, participating in, or benefiting from that program. If a student is punished for a behavior that is caused by his disability, that could be considered discrimination. In order to be sure that such discrimination does not happen, schools should take a look at any possible connection between the behavior in question and the student’s disability when making decisions about discipline. Many school systems use a process that is similar to Manifestation Determination Review (MDR) that is described in the Individuals with Disabilities Education Improvement Act of 2004 (IDEA ’04). Each school system must develop its own Section 504 policy so you would need to check with your local school system to learn the details about how the discipline of students with disabilities is handled.
IDEA ’04 and state special education laws, allow school officials to consider the discipline of students who receive special education services on a case-by-case basis. This allows them to consider things like the nature of the child’s disability, the functioning level of the child, the intent of the behavior and other relevant factors. This flexibility is there to help make sure that schools respond to violations of the code of student conduct in an appropriate way, especially when a change in placement is being considered.
If a decision is made to change the placement of a child with a disability (as defined by IDEA), the school must hold an MDR meeting to determine whether the behavior in question was caused by, or had a direct and substantial relationship to the child’s disability. The group, which includes the parent, a representative of the school district, and relevant members of the child’s IEP team, will also consider whether the behavior or violation was the direct result of a failure to properly implement the child’s IEP. If the answer to either of these questions is “yes”, then the behavior is determined to be a manifestation of the child’s disability and the child is returned to his or her previous placement and provided with appropriate positive behavior intervention and supports.
Sometimes the team that conducts the MDR looks too narrowly at the child’s disability. They may only consider the child’s category of eligibility for special education services. Instead, the team should review all relevant information in the child’s special education record, including the child’s IEP, along with teacher observations and any relevant information provided by the parents. As an example, a child’s category of eligibility could be specific learning disability, but consideration of the child’s “disability” should also include possible impacts of ADHD and anxiety disorder diagnoses. The team should look at the whole child as they make a decision about whether the behavior was a manifestation of the child’s disability, just as they should consider the whole child when determining eligibility for special education, or when developing the IEP.
Individuals with disabilities that affect their access to print have some free options for obtaining audio and braille books, magazines and pod casts. The local public library is bound to have a collection of popular audio books that can borrowed at no cost, as long as you have a library card and return the books on time. In many libraries, books can be reserved in advance and/or brought in from another branch so you are not limited to what happens to be on the shelves of that branch on a particular day. Public libraries often raise money by selling donated books and used ones that they have replaced. It’s a low-cost way to build your home library.
The North Carolina Library for the Blind and Physically Handicapped has a history that goes back to 1958. With Federal, State and private funding, it eventually became part of a regional network of libraries operated by the the Library of Congress. Even though the name of the library has not kept up with current preferred disability language, the library itself has continued to change with the times and now offers materials in a wide variety of accessible formats fr people of all ages. Individuals must complete an application and provide documentation of a disability that qualifies them to use the library. Please visit the website to learn more http://statelibrary.ncdcr.gov/lbph . If you don’t live in North Carolina, ask for the branch that serves your area.
Bookshare is another great resource for people who have print disabilities. Bookshare is free for qualified U.S. students and schools, thanks to funding from the Office of Special Education Programs (OSEP) of the U.S. Department of Education. Organizations and non-students can apply for paid memberships that will give them access to accessible materials through Bookshare. Check out Bookshare at https://www.bookshare.org to see if you or someone that you know can benefit from what it offers.
Whether you are reading for school, work or pleasure, it’s good to know that there are some free services available to make sure that people with print disabilities have access to the information, ideas and wonderful imagining that is contained in printed text. Read on!