All kids deserve an education. All kids. And as it turns out, all kids have a right to an education under the law. Again—all kids. If you're the parent of a disabled child, though, you know how hard it can sometimes be to get them the resources and services they need, even when the law is on your side.
There are laws specifically written to protect disabled persons, and many of these contain important provisions about education. Both the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) guarantee students with disabilities the right to the same level of education as their non-disabled peers. If you live in the Baton Rouge area, your child is further protected by Louisiana state law and Louisiana Department of Education policies.
The law is only as good as the people tasked with implementing it, though. Plenty of school districts out there offer excuses rather than spend the money they should to make sure their schools are welcoming to those with disabilities. Plenty of educators don't do enough to keep themselves educated about the most cutting-edge classroom techniques for reaching disabled learners. What do you do when you're faced with people and institutions like this?
You contact the Lento Law Firm. We're dedicated to the premise that all students deserve fair treatment from their schools and the opportunity to earn a quality education. We've spent our careers working in the field of educational law. We have experience helping students in Baton Rouge. We know the Louisiana Department of Education system and how to navigate it. And no matter what your specific situation, we're on your family's side.
To find out more about how we can help your child get the treatment they deserve, call 888-535-3686 or use our automated online form.
K-12 Education in the Baton Rouge Area
Baton Rouge is one of the most vibrant, diverse regions of the country. Located on the Mississippi River, it has a rich history that dates back to Native populations and runs through colorful periods in the 18th, 19th, and 20th centuries and into today. Whether you're interested in art or voodoo, there's always something new to explore about the area. It's no wonder, then, that nearly a million people make their homes in the Baton Rouge metro area.
If you're a parent in Baton Rouge, there are a number of great schools to choose from, including
- Broadmoor Elementary
- Greenbrier Elementary
- Riveroaks Elementary
- Twin Oaks Elementary
- Magnolia Woods Elementary
- Capitol Elementary
- LaSalle Elementary
- Winbourne Elementary
- Northeast Elementary
- White Hills Elementary
- Woodlawn Elementary
- Park Forest Middle
- Glasgow Middle
- Westdale Middle
- Southeast Middle
- Woodlawn Middle
- Belaire High
- McKinley High
- Tara High
- Northeast High
Given the region's diversity, it's no surprise that these schools are just as diverse. No two are alike, in fact. They all have their own individual approaches to education, driven by the personalities of their leaders, the makeup of their students, and their financial resources. There is at least one thing they all have in common, though: they are all subject to federal and state disability laws. Whether your child attends one of the schools listed above or one of the other many schools in the Baton Rouge school districts, they're entitled to important rights, and you should never be shy about insisting they're afforded those rights.
We know: That's sometimes easier said than done. Fighting a school district can be an uphill battle. You don't have to do it alone, though. The attorneys at the Lento Law Firm are on your side, and we're just a phone call away at 888-535-3686.
Colleges and Universities in the Baton Rouge Metro Area
The Lento Law Firm doesn't just work with K-12 students. We're just as committed to helping undergraduates and graduate students get fair treatment from their schools. Of course, disabled university students don't need the same protections K-12 students do. Professors don't need to develop IEPs (Individual Education Programs) for their students. Universities don't need to perform MDRs (Manifest Determination Reviews) before they discipline students.
Nevertheless, the law mandates that colleges and universities create a level playing field for their disabled students. That means they can't discriminate against disabled students in their admissions policies. It means all schools have a Disability Services office. It means instructors must make classroom accommodations to help their disabled students succeed.
Baton Rouge is home to several esteemed universities, including,
- Louisiana State University
- Franciscan Missionaries of Our Lady University
- Southern University and A&M college
If you or one of your children attend one of the colleges or universities in the area, you can count on the Lento Law Firm to be here when you need us. We work with hundreds of college students every year. And, again, we're just a phone call away at 888-535-3686.
The Fundamental Right to Education
We've already mentioned that students with disabilities have important rights. Let's take a step back and talk about just what those rights are and where they come from.
Educational rights derive from the US Constitution, including the Bill of Rights and other Constitutional amendments. These don't specifically mention education, but they do require that any service federal and state governments provide must be provided equally to all citizens, regardless of things like race, religion, gender, sexual orientation, and disability status. We, as a society, place a great deal of importance on childhood education. All states have agreed to offer free public education to everyone up to the age of 18. The Constitution bars states and school districts from discriminating against anyone in providing that education.
Again, these rights apply to all children. However, in the past fifty years, the federal government has taken steps specifically designed to protect disabled students' educational rights. The ADA, the IDEA, and Section 504 of the Rehabilitation Act of 1973, all place specific responsibilities on states and schools to make education accessible to students with disabilities.
You should also know that these laws don't just protect those with physical disabilities. We all know that public buildings, including schools, must be physically accessible to those with disabilities. They must have wheelchair ramps if students in wheelchairs can't otherwise enter facilities, and they must have elevators if disabled students need those to reach their classrooms. The law applies just as much to those with so-called “hidden” disabilities as well, though. If your child has ADD, ADHD, or is on the autism spectrum, they have rights too. Your district may need to purchase technology or provide them with special services. In many cases, instructors need to modify curriculum and assessment tools to make sure they have the same chance to learn as other students.
The full list of federally protected disabilities includes
- Autism
- Deaf-blindness
- Deafness
- Developmental delay
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (OHI)
- Preschool severe delay
- Specific learning disability (SLD)
- Speech or language impairment (SLI)
- Traumatic brain injury (TBI)
- Visual impairment
Whatever your child's disability, you need to hold your district accountable for giving them the education they deserve. Make sure you know exactly what your child needs. Keep up with the latest developments in educational technology. Consult experts. The attorneys at the Lento Law Firm can help you with this process.
The Principles Within the Law
Federal law lays the foundation for disability rights in education. Several educational principles buttress the law, though, and can be useful in arguing for your child's rights.
- Free Appropriate Public Education (FAPE): The basic idea that all children deserve an education has evolved into the principle of “Free Appropriate Public Education,” or FAPE. FAPE requires that public education be free and, furthermore, that it be “appropriate” to each child's needs.
- Reasonable Accommodations: This develops the idea of “appropriate” as it relates to FAPE. In order to provide an appropriate education to disabled students, schools and districts must be willing to make “reasonable accommodations” for them. A student who needs a particular technology to succeed is entitled to that technology. A student who needs a sign-language interpreter is entitled to that interpreter. And, importantly, the district must provide these resources for “free.”
- Individual Education Programs (IEP): IEPs further develop FAPE and the concept of “reasonable accommodations” by creating a specific mechanism for measuring student success. All students with disabilities should have an IEP that outlines their educational goals and describes what the district will do to make sure they reach those goals. IEPs are developed by a team of educators, but you and your child always have the right to be involved in their IEP development and to suggest changes and modifications to the plan as necessary.
- Least Restrictive Environment (LRE): There was a time when students with disabilities were separated from their peers, forced into special classrooms, or removed from schools altogether. That's no longer true. The concept of Least Restrictive Environment (LRE) is based on years of research proving that all students—including disabled students—learn best when they are in a non-restrictive environment. That means they should be with their peers in mainstream classrooms.
All these laws and education principles work together to ensure your child has everything they need to succeed educationally. Again, though, you may encounter teachers and administrators who, for one reason or another, don't follow the law or employ best practices. The law is on your side, though. The educational establishment is on your side. And the Lento Law Firm is on your side. We know how to remind your district—gently or otherwise—of its responsibilities. It's important you contact us at the very first sign of a problem, though. For a child, even a few days is crucial when it comes to their education. Don't let them fall behind. Insist on their rights now.
Louisiana Law and Louisiana Department Of Education Policies
Beyond federal law, your child is also protected by Louisiana state law. Generally speaking, state law works to describe in concrete terms how Louisiana will implement federal mandates regarding disability education. The impact of state law is primarily felt through Louisiana Department of Education policies.
For example, Department policy outlines the specific procedures for developing IEPs. As part of these procedures, you, as the parent, have the right to request an Independent Educational Evaluation (IEE) if you disagree with your district's evaluation. This IEE must be provided at no cost to you.
Department policy further establishes a mediation and dispute resolution process for instances when you disagree with your school or district's decisions regarding your child.
The attorneys at the Lento Law Firm are well-versed in how the Louisiana Department of Education works. We know how to navigate state bureaucracy, and we're experienced in representing students at district and state hearings.
Manifest Determinations
To this point, we've talked generally about your child's educational rights in Baton Rouge. One specific aspect of their education deserves special attention, though: discipline.
Discipline can be a thorny topic when it comes to disabled and non-disabled students. For instance, there has been a great deal of debate in recent years about the effectiveness and appropriateness of “exclusionary” discipline, sanctions like suspension, expulsion, and alternative school placement that remove children from the classroom. While teachers and administrators want to have an effective way to punish students and to prevent them from disrupting other students, studies have consistently shown that students who receive exclusionary discipline struggle, not only educationally but emotionally, and that the negative effects of such discipline can last a lifetime.
These issues are magnified for students with disabilities. Many of these students already suffer from feelings of isolation and low self-esteem as a result of their disability. Further, if misused, exclusionary discipline can become an excuse for educators to remove disabled students from their classrooms when they—the educators—are struggling to deal with those students.
As a result, Louisiana has developed an evaluation tool known as MDR or “Manifest Determination Review.” Any time a disabled student is facing serious disciplinary action, your district is required to conduct an MDR. Disability and education experts must consider whether the alleged misconduct could simply be a result of the disability itself. They must further determine whether the misconduct could have been prevented had educators followed the student's IEP more closely.
No child should ever be subjected to discipline they don't deserve. If your child has been accused of some form of misconduct, make sure your district treats them fairly. As with all other aspects of your child's education, the Lento Law Firm is ready and willing to stand up for your rights in these situations.
Protect Your Student's Right to an Education
Disability law can be complicated, particularly when it's applied to education. As a result, it's not unusual to come into contact with educators, even seasoned educators, who either don't know the law or don't know how to implement it properly. This doesn't necessarily mean they don't want to help. They may genuinely have your and your child's best interests at heart but still get things wrong.
In those situations, the Lento Law Firm will be a tremendous help. The attorneys at the Lento Law Firm know the law, and they know how to help others better understand the law. They know how to talk with school officials and work out resolutions. They also know how to be tough when they must and how to fight to ensure your child is treated fairly and given every chance to succeed.
To find out more about what the Lento Law Firm's Education Law Team can do for you and your family, contact us today at 888-535-3686 or use our automated online form.
