If you're a parent, nothing matters more to you than your kids. If you're the parent of a child with a disability, you know that making sure they get everything they need to thrive can sometimes be a challenge. The world isn't always set up to provide the resources and services disabled persons need.
The one place where that should never be true is in our public education system. Every child deserves an education. Every child deserves fair treatment. In fact, the government has taken important steps over the last several decades to ensure students with disabilities have important rights in the classroom. Both the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) contain provisions protecting the rights of the disabled to an education equal to that of their peers. If you live in the Albany-Schenectady-Troy region of New York state, your child is further protected by state law and state Department of Education policies.
Of course, these laws only work if your school district follows them appropriately. Most do. There are always those districts, though, that would rather drag their feet than spend money on necessary technology to help a disabled child excel. And there are plenty of teachers out there who are so stuck in the past that they refuse to allow disabled students necessary accommodations like extra time to complete assignments.
The Lento Law Firm is dedicated to the principle that all students deserve fair treatment—from their teachers, their schools, and their districts. We've studied the law. We're experienced working with school districts. We're always willing to fight to protect your child's rights.
If you're the parent of a student with a disability, and you suspect they're not getting the education they deserve, don't wait. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Education in the Albany-Schenectady-Troy Region
The Capital District of New York State, which includes Albany, Schenectady, Troy, and dozens of other small communities has a long and storied history dating back to explorers Henry Hudson and Samuel Champlain.
While dwarfed by the size of New York City, the region is home to almost a million people spread out over five separate counties. Those five counties contain numerous school districts, including
- Albany
- Argyle
- Averill Park
- Ballston Spa
- Berlin
- Berne-Knox-Westerlo
- Bethlehem
- Brunswick
- Burnt Hills-Ballston
- Cairo-Dunham
- Cambridge
- Catskill
- Chatham
- Cobleskill-Richmondville
- Cohoes
- Corinth
- Coxsackie-Athens
- Duanesburg
- East Greenbush
- Galway
- Granville
- Greenville
- Greenwich
- Guilderland
- Hoosic Falls
- Hudson
- Kinderhook
- Lansingburgh
- Middleburgh
- Mohonasen
- Niskayuna
- North Colonie
- Ravena-Coeymans-Selkirk
- Rennselaer
- Saratoga Springs
- Schalmont
- Schenectady
- Schodack
- Schoharie
- Scotia-Glenville
- Shenendehowa
- South Colonie
- Taconic Hills
- Troy
- Voorheesville
- Watervliet
Of course, no two school districts in this area are exactly the same. Where one may put extra emphasis on the value of extracurriculars, another might treat music programs and athletics as a distraction. One school might have the latest and greatest technology; others take a more old-school approach to education.
The one thing they all have in common, though, is that they must follow state and federal laws regarding how they educate students with disabilities. If for some reason they aren't, you need someone in your corner to remind them—in strong terms, if necessary—of their responsibilities. The Lento Law Firm handles cases in all of these school districts, and they're always just a phone call away if you need them at 888-535-3686.
Colleges and Universities in the Capitaland
Disability rights don't just apply to K-12 students. The ADA, in particular, applies to all disabled persons, and it governs all federally funded agencies, including colleges and universities. Of course, college students don't need the same level of help K-12 students do, so professors don't have to develop IEPs for their disabled students; administrators don't have to undertake manifest determinations before they punish a disabled student for misconduct. No school may discriminate against a disabled student in making admissions decisions, though. And college instructors are required to provide disabled students with course accommodations when they need them.
The tri-city area is lucky to have a number of excellent colleges and universities, all of which are subject to federal disability law.
- University at Albany
- The College of Saint Rose
- Rensselaer Polytechnic Institute
- Siena College
- Bryant & Stratton College, Albany
- Maria College
- Excelsior University
- Union College
- Russell Sage College
If you or your child attend college at any of these institutions, the Lento Law Firm can help you too. We'll make sure your school provides you with all the resources you need and that it treats you fairly.
The Fundamental Right to Education
We've already mentioned that federal law protects disabled students' right to an education. How exactly does it do that?
The foundation of all educational rights can be traced to the US Constitution, the Bill of Rights, and the Constitution's other amendments. These make clear that all children in this country—regardless of race, gender, sexual orientation, or any other status—have a right to a free public primary and secondary education. It goes without saying that this right applies to disabled children as well.
Other laws focus on students with disabilities in particular. That includes the ADA, IDEA, and also Section 504 of the Rehabilitation Act of 1973. These specific laws put certain obligations on school districts, not merely to educate disabled students but to provide them with the materials and services they need to obtain an education equal to that of all other children.
Finally, it's important you know the broad applicability of these laws. You probably already know that they require government buildings, including schools, to be physically accessible. That means wheelchair ramps for those who need them and elevators for students who need to get to an upper floor for a class. Likewise, physically disabled students are entitled to braille textbooks if they need them, sign language interpreters, or wheelchair-accessible desks.
The law doesn't just apply to physical disabilities, though. It covers so-called “hidden” disabilities as well, such as ADD, ADHD, autism, and developmental disorders. The full list of disabilities covered under federal law 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
Parents don't always think of dyslexia and ADD as disabilities. It's important you know, though, that if your child has any condition that can be classified as a “disability,” they have rights. The Lento Law Firm is here to make sure your district respects those rights.
The Principles Within the Law
Beyond the law itself, a number of important principles have evolved in education that impact students with disabilities.
- Free Appropriate Public Education (FAPE): Again, the fundamental right to a free education is enshrined in the Constitution. That right has come to be known as the right to a “free appropriate public education,” or FAPE. In the context of disability rights, the key word here is “appropriate.” It means schools and districts must shape their curriculum to meet the needs of all students.
- Reasonable Accommodations: This concept further develops the notion of an “appropriate” education. It requires schools to make whatever changes to the curriculum are necessary to accommodate students with disabilities. That can mean providing specific technologies. It can mean letting a student use a calculator on an exam if their disability requires it. Within “reasonable” terms, the district must provide what your child needs to learn. And again, FAPE requires it to provide you with these resources at no cost.
- Individual Education Programs (IEP): The Individual Education Program, or IEP, is a tool developed in the last several years to help ensure students with disabilities are given the accommodations they need. A school must develop an IEP for all disabled students that sets those students' educational goals and outlines a concrete plan for reaching those goals. As a parent, you always have the right to offer input on your child's IEP and to make suggestions for modification.
- Least Restrictive Environment (LRE): Finally, a more recent concept that has developed in education is the “Least Restrictive Environment,” or LRE, principle. In simple terms, it requires schools to place students in the least restrictive possible learning environment. As a practical matter, LRE means that, except in extraordinary circumstances, students with disabilities should be kept in mainstream classrooms with other students their age. Unless it has a compelling reason, your school should never remove your child to a separate, alternative classroom or facility simply because they are disabled.
Together, these various laws and educational principles should guarantee your child gets an education equal to all other children. Unfortunately there are educators out there who simply don't follow the law. You don't have time to debate their various personal ideologies or education philosophies, or to explain the law to them. Every day that your child doesn't have what they need to succeed, there's a risk they're falling behind. Don't waste time arguing. At the very first sign of trouble, contact the Lento Law Firm. We're always on your side. We're skilled negotiators if that's what's called for, but we can also be fierce if that's what it takes. The goal is always to get your child what they need and deserve.
New York State Law and Department of Education Policy
Federal disability laws are buttressed by New York state law. In particular, state law outlines the specific mechanisms New York school districts must employ to guarantee compliance with federal law.
For example,
- Article 89 of New York State Education Law addresses what happens if a public district simply cannot meet a disabled student's needs. Those districts are required to enroll such students in private schools at public expense.
- Part 200 of the Regulations of the Commissioner of Education addresses how the state guarantees that all disabled students are being afforded a free, appropriate public education. Specifically, it tasks districts with identifying all students with disabilities in the district, including those with “hidden” disabilities.
Finally, the Office of Special Education, a specific agency within the New York Education Department, handles all issues related to disability education and ensures districts have the resources they need to respond appropriately to disabled students.
Manifest Determinations
One of the most sensitive topics in education has to do with student discipline. Many types of disciplinary sanctions, especially those involving so-called “exclusionary discipline” in which students are removed from mainstream classrooms—have been shown to have long-lasting negative effects on children's education. Suspension, expulsion, and alternative school placement not only disrupt learning but subject students to humiliation and shame.
Students with disabilities are particularly susceptible to these negative effects because many already suffer from feelings of exclusion.
As a result, New York state law also contains provisions as to how disabled students should be treated in disciplinary matters. Part 201 of the Regulations of the Commissioner of Education sets up a disciplinary process known as a “manifest determination” to safeguard disabled students from unfair treatment.
Any time a disabled student is accused of misconduct, a team of qualified district personnel meets to evaluate the situation. They must determine whether the “misconduct” is simply a side effect of the disability itself and, further, whether the misconduct might have been prevented if the student's IEP was followed. Only then can they decide if a given punishment is appropriate. You have the right to offer input during this process and to recommend specific members of your childhood's IEP team be allowed to participate.
The lawyers at the Lento Law firm understand your child's needs and their particularly vulnerable situation in schools and districts. They are prepared to step in at any time and assert your child's rights to fair treatment.
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.
