Autism is a developmental disorder that affects communication and social interaction. Students with autism may quickly become overwhelmed with the constant stimulation and need to interact at school, all of which can negatively impact the student’s education. Special education laws exist to protect students with autism and allow them to access their education like any other student. In this article, we explore autism and special education law and how the law is used to support students with autism.

Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a federal law that provides students with disabilities, including autism, to receive a free and appropriate public education (FAPE). The IDEA mandates that students with disabilities who require special education services to access their education are provided with those services.

An Individualized Education Program (IEP) is a document that outlines a student’s disabilities and the appropriate special education services and accommodations required for the student to access his or her education.  The IEP is developed by a team of professionals including the student’s parents or guardians, educators, and others.

Learning Disabilities and Autism

A learning disability is an academic disability related to a student’s ability to read, write, and do math.  Students with autism may also have a learning disability that impacts their education and it is important for educators and parents to recognize and address these learning challenges to ensure students receive appropriate support.

Section 504 and Students with Autism

In addition to the IDEA, Section 504 of the Rehabilitation Act (Section 504) is another federal law that protects the rights of students with disabilities, including Autism. Section 504 prohibits discrimination against individuals with disabilities, including students with autism, in any program or activity that receives federal funding, including schools and universities.

Advocating for your Child with Autism

As a parent or guardian of a child with autism, it is essential to understand your child’s rights and actively advocate for their needs. Here are some steps you can take to effectively advocate for your child:

  1. Educate yourself: Familiarize yourself with the applicable laws, such as the IDEA, Section 504 and state laws.
  2. Collaborate with the school: Establish open lines of communication with your child’s school team, including teachers, special educators, and administrators. Work together to identify your student’s disabilities and the appropriate services to address those disabilities. Be sure to call an IEP meeting if you think that there is an issue with the services provided
  3. Document and communicate: Keep records of any communication, meetings, evaluations, and progress reports related to your child’s disabilities and special education services. Clearly and respectfully communicate your concerns, observations, and suggestions to the school team.Seek professional support: Connect with autism advocacy groups, support networks, and legal professionals specializing in special education law.

The Decision-Making Process for Special Education Services

Providing special education services to students with autism involves steps and considerations designed to ensure that each student is properly evaluated and appropriate services provided.  Here is an overview of the decision-making process:

  1. Identification and Evaluation: The first step is to have the school identify a student with Autism.  A comprehensive evaluation of the student could include assessments by a psychologist, a speech and language therapist, an occupational therapists, and others.  Parents can request the evaluation if the school does not initiate the evaluation first.  Note, a medical diagnosis of Autism is not necessary for a school to identify a student as having Autism, although a medical diagnosis might help orientate a school in its evaluation.
  2. Eligibility Determination: The evaluation results are assessed by the school and parents to determine if the student is eligible for special education services.  Eligibility means the student has a disability and is in need of special education services.
  3. Developing the Individualized Education Program (IEP): Once eligibility is established an IEP is developed for the student. The IEP outlines the student’s levels of performance, educational goals and objectives, and the appropriate special education services for the student.
  4. Placement: The student’s IEP team must also determine the appropriate educational placement for the student.  Ideally, a disabled student can access his or her education in the regular education environment with appropriate support and services.  Some students however are more appropriately educated in an alternative environment, such as a classroom specially designed for students with Autism.  In some circumstances, a  different school might be appropriate.
  5. Review and Monitoring: The IEP is reviewed regularly to assess the student’s educational progress and the effectiveness of the support provided.   The IEP team can thereafter amend the student’s IEP accordingly.

It is important to note that the decision-making process is highly individualized and involves ongoing collaboration between all members of the student’s IEP team. The ultimate goal is to ensure that the education provided to each student with autism is tailored to their disabilities.

Examples of Autism and Special Education Law in Practice

To better illustrate the application of autism and special education law in real-life scenarios, let’s consider a couple of examples:

  1. Case Example: Emma is a 10-year-old student with autism who struggles with communication and social interaction. After undergoing a comprehensive evaluation, it is determined that Emma has a disability (Autism) and requires special education services to access her education.  Emma’s IEP team, including her parents, teachers, and therapists, collaboratively develop an IEP that includes speech therapy, social skills training, and accommodations for classroom instruction. Emma is placed in an inclusive classroom with supports and services, such as visual aids and a behavior plan, to ensure Emma can access her education and make appropriate educational progress.
  2. Case Example: Michael is a 15-year-old student with autism who also has a co-occurring learning disability in math. Following a thorough evaluation that identified Michael’s Autism and his learning disability in math computation and identified his need for special education services, an IEP team meets to determine appropriate support and services for Micheal to make appropriate educational progress.  The IEP team determines Micheal can make appropriate educational progress with support built into the regular education environment but with services for math in a separate classroom and daily social skills training with a behavioral specialist trained in Autism related behaviors.  Micheal is also provided with the opportunity to utilize a sensory support room.  Micheal’s IEP includes academic goals in math designed to ensure he is at grade level by the end of the school year.

These examples highlight the importance of implementing autism and special education law in a way that addresses the unique disabilities of each student.

Frequently Asked Questions about Autism and Special Education Law

  1. Can a child with autism receive special education services even if they are in a general education classroom? Yes, depending on the appropriate level of intervention, students with autism can receive special education services in a general education classroom.
  2. Can a school deny services to a child with autism if their behaviors are challenging? No, schools cannot deny services to a child with autism based on challenging behaviors. Schools are required to provide appropriate support so that a student with Autism can access his or her education, such as a behavior plan and instruction in behavior and social interaction.
  3. Can a student with autism be placed in a separate classroom or school for special education? Placement decisions for students with autism should be made on an assessment of the specific disabilities of the student.  A specialized Autism Support classroom (or even a specialized school) may be an appropriate placement for a student, however, the IDEA emphasizes the importance of educating disabled students with their non-disabled peers where appropriate.
  4. What resources are available to parents who need legal assistance regarding autism and special education law? Parents who need legal assistance regarding autism and special education law can reach out to special education lawyers, advocacy groups and parent training and information centers.
  5. What can a parent do if they disagree with the decisions made by the school regarding their child’s special education services? If a parent disagrees with the decisions made by a school regarding their child’s special education services, they have the right to dispute the decision through a process called “Due Process”. Due Process may involve mediation, resolution sessions and/or a formal hearing. It is recommended parents seek legal advice to understand their Due Process rights.

Special education law can be overwhelming for parents and parents should seek legal advice to ensure they have a proper understanding of their rights.