A legal services nonprofit answers questions about how families can start getting help for students with disabilities
If your child has a disability, getting school support can be challenging.
Whether a student is experiencing academic, behavioral or medical needs, knowing when it’s time to ask for help and what to look for can make a big difference for families.
Ability Allies is a “nonprofit organization dedicated to providing free and low-cost legal services to Indiana’s children and adults with disabilities, primarily in education matters,” according to their website.
In part two of this series of Q&As, The Indianapolis Recorder connected with Ability Allies’ attorney Mimi Huybers to provide some information on what schools are required to provide for students in need.
RELATED: Should your student get extra support from their school? (part one)
This email Q&A has been edited for length and clarity.
What are public schools required to do to help students with academic, behavioral, or medical needs?
A student might need support in school if they have academic, behavioral or medical needs that interfere with their ability to access their education. Schools can provide general education interventions and strategies to help students struggling with academics and/or behavior. Schools typically screen students and conduct curriculum-based assessments to determine how students are doing and whether any academic interventions might be needed. If a student is struggling behaviorally at school, the school may also provide some behavioral interventions to lessen adverse behavior. Parents concerned about their child’s academic progress or behavior can request a meeting with their child’s school to discuss whether such interventions might be appropriate. If a student has medical needs that require services or accommodations at school, the parent should contact the school to discuss these needs.
Additionally, it is helpful to note that federal law requires schools to identify and evaluate students between the ages of 3 and 22 who are in need of special education and related services. This “child find” duty is required even if the student is advancing from grade to grade. If a student has a disability that negatively impacts their academic achievement or functional performance at school, they may qualify for an individualized education program (IEP), which will be designed to meet their unique academic and functional needs. Functional needs can include such things as social and emotional skills, physical skills and personal care skills. If a student with a disability does not qualify for an IEP, the student may qualify for a Section 504 Plan, which generally provides accommodations in the school environment and can include such things as preferential seating and extra time to complete tests or assignments.
What if school staff cannot provide the help requested? What’s the next step?
If the student does not already have an individualized education program (IEP) and the school indicates that it cannot provide the extra support that the parent requested, or if the student’s educational information indicates the student is performing below grade level expectations, the parent can ask the school to conduct an educational evaluation to determine if the student qualifies for special education services and support. The request must be made to licensed school personnel, such as the building principal, school counselor, social worker or school psychologist. It is good practice to request the testing in writing, as it provides a written record of the request. The school has 10 school days to respond to the request and 50 school days to complete the educational evaluation if the school agrees to conduct it.
The parent can also request a meeting with the school to discuss whether any strategies and/or interventions can be put in place while the school is conducting the educational evaluation. It is helpful to have an interim plan in place to start addressing the student’s educational challenges as soon as possible.
If the student has an IEP and the school indicates that it cannot provide the requested help or the student is not making progress on their IEP goals, the parent can request a case conference committee meeting to discuss their concerns and potential changes to the student’s IEP. Similarly, if the student has a Section 504 Plan, the parent can request a Section 504 Plan team meeting to discuss their concerns and propose changes to the Plan.
If the parent has already met with the case conference committee or Section 504 team without a satisfactory result, the parent might contact the school district’s special education director, if the director was not already involved in the meetings. The parent can contact the school administration office for the special education director’s name and contact information. Additionally, the parent can contact an advocate or attorney who is familiar with special education matters.
The responses from Ability Allies are for informational purposes only and should not be considered as legal advice. Part two of this series will explore what schools are required to provide. To learn how this organization can support your child’s needs, visit abilityallies.org. You can find the Indiana State Board of Education Special Education rules by visiting in.gov/doe/students/special-education/laws-and-resources/.
