Your children matter more to you than anything else in the world. You want the very best for them. You certainly want them to have the best possible education. A solid education is the foundation for success in life.
If you have a child with a disability, making sure they get a good education can sometimes be a challenge. It shouldn't be. All kids deserve a chance to excel in the classroom. In fact, there are a number of federal laws designed to help make sure they do, including the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). If you live in Albuquerque, there are also a number of state laws and Public Education Department policies that protect your child's educational rights.
Unfortunately, teachers, administrators, and school districts don't always follow the law as they should. There are some misguided educators who don't understand the importance of providing students with disabilities the opportunities they deserve. More often, though, school personnel just don't know how to properly implement the law.
It doesn't really matter what the specific circumstances are in your case. If you believe your school or district isn't doing everything it should to give your child a quality education, the Lento Law Firm is here to help. We know education law and particularly how it intersects with disability rights. We also know the Albuquerque school system and how it operates. We're committed to making sure you and your family are treated fairly, and we have the background and experience to back up that commitment.
To find out more, call 888-535-3686 today or use the firm's automated online form.
The Albuquerque, NM Metro Area
There's something special about Albuquerque. Maybe it's the rich Native American history of the area. Maybe it's the culture—the many museums, art galleries, and theaters. Maybe it's the sunny climate or the friendly people. Whatever it is, Albuquerque makes for a great place to live and raise a family.
One of the city's great strengths, in fact, is its schools. That includes elementary, middle, and high schools like
- Ventana Ranch Elementary
- Tierra Antigua Elementary
- 7 Bar Elementary
- Alamosa Elementary
- Chaparral Elementary
- Helen Cordero
- La Mesa Elementary
- M.A. Binford Elementary
- Painted Sky Elementary
- S.R. Marmon Elementary
- Desert Ridge Middle
- Eisenhower Middle
- James Monroe Middle
- Jimmy Carter Middle
- Truman Middle
- Tony Hillerman Middle
- L.B. Johnson Middle
- Atrisco Heritage High
- Volcano Vista High
- Eldorado High
- Sandia High
- La Cueva High
- Cibola High
- Rio Grande High
- West Mesa High
- Albuquerque High
- Highland High
- Del Norte High
No matter how good your particular school may be, though, you can still run into teachers, principles, and staff who don't have the skills they need to deal with disabled students, or who don't know enough to implement the best accommodations, or who seem too busy to give your child the attention they deserve.
The attorneys at the Lento Law Firm work with students throughout Albuquerque and the surrounding area, from La Mesa Elementary to Del Norte High. No matter where your child is enrolled, if you need help reminding your school to follow the law, we're here for you.
Colleges and Universities in Albuquerque, NM
You should know that disability rights don't just apply to K-12 students. Many federal laws, such as the ADA, apply broadly to all disabled persons, and they require all public institutions—including colleges and universities—to provide individuals with equal access.
The law applies to several institutions of higher education in the Albuquerque region.
- Central New Mexico Community College
- Carrington College
- Southwestern Indian Polytechnic Institute
- University of New Mexico, Valencia
- Brookline College
Of course, college students don't have the same rights as K-12 students. Your professors aren't required to create IEPs. Schools don't have to perform “manifest determinations” when they respond to disciplinary violations. All schools must follow federal guidelines, though, when it comes to issues of admissions. Likewise, instructors must provide course accommodations for those students who have identified special needs.
If you're a college student with disabilities, the Lento Law Firm is here to help you as well. We can make sure that your school treats you fairly and that you get access to all of the materials and services you need.
The Fundamental Right to Education
Fair treatment for students with disabilities isn't just a nice idea or even “the right thing to do.” It's the law. You should never be shy about demanding your child's legal rights.
The US Constitution and the Bill of Rights grant every child in this country the right to a free and public education. There is no condition, including a disability, that can stand in the way of this right.
More recent federal legislation has further defined this right as it applies specifically to students with disabilities. In addition to IDEA and the ADA, Section 504 of the Rehabilitation Act of 1973 contains provisions requiring schools to provide disabled students with whatever they need to obtain an education “equal” to non-disabled students.
You probably already know that public institutions, such as schools, must provide equal access to facilities for those with physical disabilities. Most of us are aware that government buildings must be wheelchair accessible and provide elevators if disabled persons need them to get to upper floors. You may not realize that the law applies to those with so-called “hidden” disabilities as well. If your child has dyslexia, ADD, or is on the autism spectrum, they may be entitled to learning accommodations. Going back to the foundational premise that all children have a right to an equal education, schools, and districts must provide students with whatever they need to obtain that equal education.
This principle applies to all disabilities defined under federal law, including
- 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 needs to succeed, if your school isn't providing them with it, the Lento Law Firm is ready and willing to step in and hold them accountable.
The Principles Within the Law
Beyond knowing the law, it can be useful to know the key principles that underpin the law since these help to shape how the law is applied. There are several key principles when it comes to implementing disability education.
- Free Appropriate Public Education (FAPE): The basic right of all children to a public education has evolved over time to mean the right to a “Free and Appropriate Public Education.” That is, it is not enough simply to offer children a free education. Education must be “appropriate” to a child's needs.
- Reasonable Accommodations: In order to provide students with disabilities an “appropriate” education, schools must often provide “reasonable accommodations.” A child in a wheelchair needs a ramp in order to attend class in the same way as their peers. A child with ADD may need more time to complete assignments. Other disabilities might require access to special technologies or equipment. Your child may need a tutor. Importantly, these accommodations must not only be “appropriate” to your child's particular situation but also “free.” Your district is required by law to provide any “reasonable” accommodation and to do so at no cost to you.
- Individual Education Programs (IEP): To help ensure appropriate accommodations are in place, the government further requires schools develop an IEP, or Individual Education Program, for all students with disabilities. This is basically a plan that defines your child's educational goals and describes in concrete terms how the school will work to help them reach those goals. You and your child both have a right to be involved in how their IEP is developed and implemented.
- Least Restrictive Environment (LRE): Finally, recent decades have seen the development of a new educational principle known as “Least Restrictive Environment.” It is based on the idea that students learn best when they are faced with the least amount of restrictions in their learning environment. Most often, this is the mainstream classroom since students almost always feel more comfortable when with their peer group. As a result, districts are supposed to keep students in mainstream classrooms in all but the most extraordinary circumstances.
These several principles and laws work together to ensure that students with disabilities have the resources they need to succeed. However, they're only as good as the educators who are implementing them. A teacher who refuses to make an exception when a student needs more time to complete an assignment or a district that will not spend the money to install necessary equipment in the classroom is inhibiting your child's legal right to a quality education.
When you run into these kinds of faculty and administrators, it's important you act quickly to respond. The more time you wait, the further behind your child may fall. The Lento Law Firm is here when you need us, whether you simply need to negotiate a fair solution to your child's situation or you need to fight to get them what they deserve.
New Mexico State Law and Public Education Department Policy
New Mexico State has laws in place specifically designed to help make sure public schools follow federally mandated guidelines regarding students with disabilities. For example, the state's Special Education Rule (NMAC 6.31.2), requires districts test all students in the district, whether or not those students attend public school, to identify all students with disabilities and to ensure they're receiving a Free and Appropriate Education.
Further, the Special Education division of the New Mexico Public Education Department develops and implements education policy regarding students with disabilities. These policies grow out of federal and state law, but they provide additional protections for your child. This office produces memos, for example, on Best Practices for educating students with autism, and it provides teacher mentorship on all issues related to teaching students with disabilities.
Often, getting your child the resources they need is as simple as knowing who to contact and what to say. The attorneys at the Lento Law Firm know the New Mexico Public Education Department and can help you navigate the bureaucracy.
Manifest Determinations
Discipline is an especially important topic when it comes to education. Numerous studies have shown that the wrong kinds of discipline can have serious long-term negative repercussions for children. In particular, “exclusionary discipline”—punishments that remove students from mainstream classrooms not only disrupt studies but subject recipients to shame and humiliation that can stay with them long after they leave school. Students with disabilities are especially vulnerable to the negative effects of such discipline because often they already feel separate and different from their peers. It's important you understand that the district cannot simply move your child to an alternative school or a separate classroom without cause. It must have concrete evidence as to why your child needs a different learning environment, and you always have the right to appeal such decisions.
Further, the state of New Mexico recognizes the need to take special measures when disciplining students with disabilities. Disabilities can sometimes be misinterpreted as disciplinary problems and the state wants to ensure no student is punished for behavior that is the result of their disability.
To help protect students with disabilities, the Public Education Department utilizes a process known as Manifest Determination. In simple terms, a team of educators must evaluate all disciplinary actions regarding disabled students before those actions are implemented. In particular, they must decide whether a given policy violation is a genuine disciplinary problem or a consequence of the disability itself. In addition, they must take into account whether staff might have prevented an incident by following a student's IEP.
Your child should never be held accountable for behavior over which they have no control. If your student has been accused of misconduct, make sure you contact the Lento Law Firm before you accept any proposed disciplinary sanctions.
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 you 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.
