April 2024:
The MLO Minute: “School Districts Are Providing Fewer Special Education Services and Improperly Claiming Lack of Resources”
By Heather Hulse, J.D., M.S., M.A., Senior Partner Scranton Office, Lead Attorney for Western Pennsylvania —
As a special education attorney for twenty years, one of the most troubling issues that is consistently and recently reported to us at a much higher rate by families is that their school districts claim that they do not have the resources to provide the necessary special education services. School district administrators, particularly special education administrators, should be keenly aware that this statement is unacceptable under established special education law. Yet, families are often denied appropriate research-based programs, related services, and one-on-one paraprofessionals on that basis even though their children need these services to address their special education needs.
Special education students are entitled to the programs and services they need to make meaningful educational progress and to ensure their safety in schools under the Individuals with Disabilities Education Act (IDEA), the Federal law that provides for special education evaluation and services to special education students. There is no provision that affords school districts an exception to provide special education students necessary services due to a purported lack of resources in the school district. Indeed, school districts have a very clear obligation to provide special education students every service they need to make meaningful progress, and it is the responsibility of the school districts to budget appropriately to do so. Moreover, we have seen that when school districts provide special education students with the appropriate services they need, less special education matters proceed to litigation with the attendant costs for compensatory education funds and attorney’s fees.
To be more specific, if your special education student needs appropriate research-based programming, such as the Wilson Reading Program for Dyslexia, and your school district is providing only generalized basic curriculum modifications, this rarely is appropriate. As a matter of federal law, your child is legally entitled to necessary services, rather than what is simply readily available in the school district. If your child has significant speech and language needs and you have been told there is no speech and language therapist available, or only thirty minutes per week of services can be provided due to the schedule of the speech and language therapist, this is not legally justifiable. Again, your child is entitled to the speech and language services necessary to provide meaningful progress.
This is also true for all other related services, such as occupational therapy, physical therapy, social work services, orientation and mobility services, and vision services. If your special education child needs a one-on-one paraprofessional to address any special education needs, including safety concerns, and your school district is advising that no one is available to provide this service, that is not legally justifiable. Again, your child is entitled to the one-on-one paraprofessional as necessary to make meaningful progress and to move toward independence and self-sufficiency, and it is the school district’s legal obligation to provide one.
School districts are required by law to appropriately address all of the special education needs of special education students. If you believe your child’s special education needs are not being properly addressed by your child’s school district, please feel free to contact our office. Our initial consultation is free, and these matters are often handled on a contingency basis without hourly fees charged to families. Click here to contact us today!
