Students with disabilities, including those living in Grand Rapids, Michigan, and the surrounding metropolitan areas within Kent County, are protected by three federal laws that work together to ensure that all children have the right to an education. The first is the Americans with Disabilities Act (ADA), which prohibits discrimination against the disabled and applies to public schools and colleges, as well as public vocational schools. The ADA also applies to private schools, from the nursery and elementary grades all the way to the post-graduate level.
The second is the federal Individuals with Disabilities Education Act (IDEA), which provides that between the ages of three to 21, children with disabilities are entitled to a free and appropriate public education (FAPE). The IDEA also says education must include special education programs. Special education services allow each student to achieve academic success through support and lessons tailored to their individual needs.
The third law is called Section 504 of the Rehabilitation Act of 1973. Section 504 protects disabled students in programs that receive U.S. Department of Education federal funding. This means the law covers public school districts, colleges and universities, many private schools, and state and local education agencies, all of which receive federal government money. Section 504 says schools must provide a FAPE to each disabled student. Under this law, a FAPE involves regular or special education and related services intended to adequately meet the student's individual academic needs.
If your child has a disability and you believe his or her school is not providing the appropriate tools for educational success, you need to be proactive and enforce your rights. The Lento Law Firm is ready to help, regardless of your location. The firm's Education Law Team has nationwide experience advocating for the rights of disabled students. Call us at 888-535-3686 or reach out to our office using this contact form.
Michigan's Laws on Students with Disabilities
In addition to the federal laws, Michigan students with disabilities are protected by state laws. The first state law is the Michigan Revised School Code. The code governs the operation of public school districts and public elementary and secondary schools, including charter schools (also called public school academies). The code states that school districts must provide special education services and programs that are designed to meet each disabled student's individual needs.
The second law is called the Michigan Administrative Rules for Special Education (MARSE). These rules expand upon the Revised School Code and contain specific requirements on how special education is handled within the state, and they incorporate parts of the federal IDEA as well. The rules apply to all political subdivisions that are involved in the education of children with disabilities, such as state and local school districts and public schools. MARSE also applies to charter schools, educational service agencies, state schools for the blind and deaf, and state and local juvenile and adult correctional facilities. The rules state that a FAPE must be provided to all children with disabilities who need special education and related services. The rules apply to children from birth to age 25 and to age 26 in certain circumstances. That means the rules protect disabled students for four years beyond the age protections of the federal IDEA.
Michigan Public Schools Must Educate Children with Disabilities
The federal laws on educating children with disabilities work with the state laws to protect students in all 539 public school districts in Michigan. This means the laws apply to all of the public school districts in Kent County, including, for example:
- Caledonia Community Schools;
- Cedar Springs Public Schools;
- East Grand Rapids Public School District;
- Forest Hills Public School District;
- Godfrey-Lee Public Schools;
- Grand Rapids Public Schools;
- Kent City Community Schools;
- Kentwood Public Schools;
- Lowell Area Schools;
- Rockford Public Schools; and
- Tri County Area Schools.
Within these school districts, individual schools cannot discriminate against children with disabilities and must provide them with any necessary special education services. Schools that must follow the state and federal laws include, for example:
- Aberdeen Academy;
- Ada Vista Elementary School;
- Bowen Elementary;
- Breton Downs Elementary School;
- Brookside Elementary;
- Bushnell Elementary School;
- Caledonia High School;
- Challenger Elementary School;
- Crestwood Middle School;
- Discovery Elementary School;
- Duncan Lake Middle School;
- East Grand Rapids Middle School;
- East Kentwood High School;
- Godfrey Elementary;
- Grand Rapids University Preparatory Academy;
- Lowell High School;
- North Rockford Middle School;
- Northern High School; and
- Parkside Elementary School.
Michigan Schools Cannot Discriminate Against Students with Disabilities
Under the ADA, a student with a disability who is eligible to attend school cannot be discriminated against and denied an education. The ADA says that “disability” means a physical or mental impairment that limits one or more major life activities in a substantial way. Here is a non-exclusive list of physical or mental impairments that are covered under the ADA:
- Attention Deficit Hyperactivity Disorder;
- Cancer;
- Cerebral palsy;
- Diabetes;
- Dyslexia and other learning disabilities;
- Epilepsy;
- Heart disease;
- Hearing impairments;
- Muscular dystrophy;
- Multiple sclerosis;
- Orthopedic impairments;
- Speech impairments; and
- Vision impairments.
The ADA says a school cannot give a disabled student the chance to participate in a service or obtain a benefit that is not equal to that offered to others. In addition, an academic institution cannot give a disabled student a benefit or service that does not give that person the same opportunity to achieve the same result or reach the same achievement level as other children. This means a child with a disability cannot be discriminated against. Here are some examples of the ADA's protections for students in Kent County. A school within the Kentwood Public Schools cannot have restrooms that are inaccessible to a student with a disability. A school that is part of the East Grand Rapids Public School District must allow a student to bring a service dog into a building, and Lowell Area Schools must allow a child who uses a wheelchair to go on a field trip.
The ADA also says schools must make reasonable modifications to their policies when necessary to avoid disability-related discrimination. Here is an example. Perhaps a school that is part of the Caledonia Community Schools does not allow students to eat in the classroom. The school may make an exception for a diabetic child who needs to eat frequently to keep glucose levels steady.
Michigan Schools Must Provide Disabled Students with an Appropriate Education
The federal and state laws discussed above say that children with disabilities in Michigan and within Kent County are entitled to a FAPE. Schools must provide a FAPE through programs and services that provide an educational benefit while meeting a student's unique needs. For each disabled child, a school must set up an individualized education program (IEP), which is a written plan tailored to his or her individual needs. Schools must also provide special education services that meet a child's specific needs, as well as related services, so a student can benefit from the special education. As an example of a related service, a school may provide occupational therapy to a child in the special education program.
As part of a FAPE, a school must also provide accommodations and modifications so a child can be in the general educational setting. For example, a classroom within the Rockford Public Schools should be arranged to accommodate a wheelchair. Further, a school must educate children in the least restrictive environment, which means disabled students must be educated with their peers in most situations. In addition, a school must provide children with disabilities access to the same non-academic and extracurricular activities as students without disabilities.
Michigan Schools Must Provide Disabled Students with Special Education Services
A parent or school can refer a child with a disability for special education services. Schools have an obligation to find students with disabilities who may need help, including children at private or charter schools. A child who is a candidate for special education must be evaluated for eligibility by a team of specialists within specific time parameters. Once accepted into a special education program, a student will be reevaluated for eligibility at least once every three years.
School Discipline of Disabled Students in Michigan
There are situations when a student's disability causes him or her to be disruptive in school, and such behavior should not be considered intentional misbehavior. When such an event occurs, and the student could face discipline and possible changes to his or her IEP, the federal IDEA requires the school to conduct a manifestation determination review. This review is intended to find out whether the misbehavior was a manifestation of the disability. The review makes the school consider and accommodate the child's disability before imposing discipline. For example, a school in the Forest Hills Public School District cannot place a disruptive disabled student into an isolated classroom without a review.
Bullying of Disabled Students in Michigan
The ADA and Section 504 prohibit harassment and bullying that is based on disability. If harassment of a disabled child by other children or school staff reaches the point where it interferes with a student's FAPE, the IDEA may come into play as well. Michigan's state law requires schools to have anti-bullying policies, and schools must act to stop bullying and harassment of the disabled.
Rights of Disabled College Students in Michigan
The ADA protects disabled students at public and private colleges and universities in Michigan, including those located in and near Grand Rapids and Kent County. Section 504 also protects these students at public and private colleges and universities that receive federal funds. These federal laws say schools cannot discriminate against disabled students and must make programs accessible to them. Colleges and universities can make programs accessible through building design and modifications to policies. Schools can also provide communication aids such as Braille materials, for example, and make various accommodations for a student's disability. In addition, on the state level, Michigan's Persons with Disabilities Civil Rights Act says colleges and universities cannot discriminate against disabled students.
Under federal and state law, disabled students in the Grand Rapids and Kentwood areas are protected at the following colleges and universities, for example:
- Aquinas College;
- Calvin University;
- Davenport University;
- Ferris State University;
- Grand Rapids Community College;
- Grand Valley State University;
- Hope College;
- Kendall College of Art & Design; and
- Kuyper College.
When a disabled student requires an accommodation from a college or university, he or she must notify the school about their disability. Students who do not want an accommodation are not under any obligation to disclose their disability to a school. Most schools have an office dedicated to students with disabilities, and the administration should work with a student to set up a reasonable accommodation. For example, to pursue an accommodation consisting of large print class materials, a disabled student at Aquinas College should contact the Accessibility Services department, and a student at Davenport University who needs audio recordings of written texts must contact a Student Access Coordinator. Colleges and universities cannot charge a student for the cost of an accommodation, but they can charge for more individualized or intensive services that are not required by law. For example, a school may impose a fee for tutoring.
Enforce Your Child's Right to an Education
Children with disabilities have the right to an education free from discrimination. They also have the right to participate in all school activities and be enrolled in special education programs if necessary. College students with disabilities have the right to pursue an education without being discriminated against and have the right to obtain accommodations so they can receive the same academic benefits as others. Federal law and Michigan law are clear on this. If you or your child are being denied an education because of a disability you need a strong advocate on your side. If you are in the Grand Rapids or Kentwood metropolitan areas, or anywhere else in the country, the Lento Law Firm will be your advocate. The firm's Education Law Team is ready to help disabled students fight for their rights. Call us at 888-535-3686 or get in touch with our office by using this contact form.
