Autism & Education: Know Your Child's Rights
In honor of the thirteenth annual World Autism Awareness Day, we would like to discuss a very important topic: the rights of children with autism at school.
We all care deeply about the type of education our children receive, but we also know that some children need more attention than others in the educational environment, especially when a child is on the autism spectrum.
Individuals with autism possess unique skills, but they also face unique challenges that require extra attention. Unfortunately, many children on the autism spectrum do not receive the appropriate accommodations that they need in order to thrive at school. So, as the parent of an autistic child, it is vital that you know your rights as well as the rights of your child when it comes to your child’s education.
Below, you will find a discussion of some current laws in place that exist to ensure that children with special needs have their unique circumstances addressed.
Thankfully, our laws create certain legal rights for children with autism. Under the Individuals with Disabilities Education Act (IDEA), children with autism are entitled to an education that meets their needs. This means many things for your child if he or she has autism.
The IDEA requires schools to provide children between the ages of three and twenty-one an opportunity to receive a Free Appropriate Public Education (FAPE), which includes (1) an Individualized Education Program, and (2) an opportunity to learn in the Least Restrictive Environment.
First, under the IDEA’s Individualized Education Program (IEP) directive, schools are required to provide children on the autism spectrum with a written statement that discusses the necessary services that each child will receive. As a parent of a child with autism, you have a right to work with a team to develop your child’s IEP. This team includes you, general education teachers, special education teachers, someone qualified to understand your child’s autism-related needs, a representative of the school who is familiar with special education services, and other representatives who can speak to your child’s unique circumstances. Together, you and this team of individuals will create an IEP that lays out your child’s strengths and weaknesses, sets goals as to how your child’s needs will be addressed, and gives a detailed explanation of how those goals will be met.
Secondly, the Least Restrictive Environment (LRE) directive of the IDEA requires schools to include your child in regular education activities and processes as much as possible. Importantly, this means that your child cannot be moved to a separate or inferior classroom setting simply because he or she is on the autism spectrum. Instead, the LRE directive requires that a child should only be moved to a separate setting when “the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”
As the parent of a child who is on the autism spectrum, it can feel like a complicated, stressful process to come to an agreement with your child’s school on how your child will be educated. Sometimes, the process of coming to an agreement with the school even can lead to mediation or other types of hearings. Rest assured that you are not alone in this process. If you need assistance protecting your child’s legal right to a good education, contact us today. We would be glad to help you ensure that your child receives the education he or she deserves.
Key Words: Educating Autistic Children, Education in America, Autism Awareness Day, Special Needs, Autism Spectrum, Students with special needs, Special Education, Individuals With Disabilities Education Act, IDEA, FAPE
