LEGAL ISSUES
3. Ensure that policies do the following: • Follow a process to provide true individualized instruction in IEPs rather than a one-size- fits-all ASD program.
• Plan for and support academic and functional skills instruction in today’s high-stakes testing climate.
• Seek and value parental input. Parents provide unique insights about the needs of their chil- dren. In addition, when educa- tors work with parents, they are less likely to end up in court in response to something they did with which the parents disagreed.
• Build internal capacity by pre- paring current employees or hiring individuals as regular staff members rather than by relying on potentially more costly external consultants to provide services, such as behav- ioral supports and counseling for students with ASD. As an added benefit, other children with disabilities may be able to benefit from these services.
Keep in mind that policies can ask
parents who have insurance whether they are willing to file claims to help defray costs of related services
4. Given the potential cost issues associated with meeting the needs of students with ASD and other disabilities, if they are not already present in their states, consider devising cooperative plans with other local school systems—such as New York State’s Boards of Cooperative Educational Services,
asbointl.org
or BOCES—to help defray the costs of meeting the needs of chil- dren with ASD. Such cooperative ventures could cover the cost of purchasing equipment and hiring specialized personnel.
5. Keep in mind that policies can ask parents who have insurance whether they are willing to file claims to help defray costs of related services (34 C.F.R. §§ 300.154[d]–[g]). Even so, mak- ing such requests does not permit education officials to refuse to provide services if parents are unwilling or unable to bill their insurance carriers or limit the programming they provide to children.
6. Require regular professional development sessions for school staff to keep them informed about the most recent develop- ments related to ASD and other issues in special education. Two organizations in particu- lar offer useful information on autism. The first, Autism Speaks (
www.autismspeaks.org), is an advocacy organization founded in 2005 that supports innova- tive research that provides many no-cost resources to educators. The second, TEACCH, is a Uni- versity of North Carolina–based system of regional community centers with more than 50 years of experience sharing information about the design and implementa- tion of school-based programs for students with autism (https://
teacch.com).
7. Offer information sessions to par- ents and students over the age of 16 who are capable of participat- ing in such meetings to keep them informed about the policies and practices addressing those with ASD. In addition, policies should be included in parent and student handbooks, in materials sent home, and on district websites.
8. Review the district policies annu- ally and revise them if necessary to ensure that they are up-to-date
with the latest developments in both federal and state laws, as well as best practices when work- ing with students with ASD and other disabilities.
Conclusion
At a time when financial resources are stretched, education leaders face a daunting challenge in seeking to ensure that they address the educa- tional needs of all the students in their school districts. Although it can be costly to serve children with spe- cial needs, including those with ASD, with careful planning, districts can succeed in their mission.
References
CDC (Centers for Disease Control). 2021a. Data and statistics on autism spectrum disorder.
www.cdc.gov/ncbddd/ autism/
data.html.
———. 2021b. Signs and symptoms?
www.cdc.gov/ncbddd/autism/facts.html.
———. 2021c. What is autism spectrum disorder?
www.cdc.gov/ncbddd/autism/ facts.html.
Code of Federal Regulations, as cited.
Endrew F. v. Douglas County School Dis- trict RE-1, 137 S. Ct. 988 (2017).
Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982).
Heward, W. L., S. R. Alber-Morgan, and M. Konrad. 2017. Exceptional children: An introduction to special education. 11th ed. Boston: Pearson.
Individuals with Disabilities Education Act, as cited.
NCES (National Center for Educational Statistics). 2021. Students with dis- abilities.
https://nces.ed.gov/programs/coe/ indicator/cgg.
Timothy Morse is assistant professor in the School of Education at the University of West Florida. Email:
tmorse@uwf.edu
Charles Russo is legal issues liaison for ASBO’s Education Committee, Joseph Panzer Chair of Education in the School of Education and Health Sciences (SEHS), director of SEHS’s PhD program in educational leadership, and research professor of law in the School of Law at the University of Dayton, Ohio. Email:
crusso1@udayton.edu
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