Special needs students in the Milwaukee-Waukesha Metropolitan Area are protected by a handful of federal, state, and local laws that ensure they receive a quality education and are free from discrimination. As a parent of a child with special needs, your time is limited, and navigating your child's education can feel impossible. Our Education Law Team at the Lento Law Firm understands your immense pressure to advocate for your child and is here to guide you through securing an education for them.
The Milwaukee-Waukesha Metropolitan Area
The Milwaukee-Waukesha Metropolitan Area has a unique balance of urban and suburban charm within the beautiful state of Wisconsin. The area is known for its principal county of Milwaukee and the additional three “WOW” counties, including Ozaukee, Washington, and Waukesha. Significant employers in the area include Aurora Health Care, Kohl's Corp., Northwestern Mutual, Harley-Davidson, AT&T, and Roundy's.
According to data from the 2021 Census, the area is home to approximately 1,566,487 people, spread out over 1,454.9 square miles. Most of the population includes married households, followed by households of non-family members and female-led households.
The area is made up of the following counties and cities:
- Milwaukee County
- Milwaukee
- Wauwatosa
- West Allis
- Oak Creek
- Franklin
- Glendale
- Brown Deer
- Greenfield
- Shorewood
- Whitefish Bay
- South Milwaukee
- Greendale
- Cudahy
- Saint Francis
- Fox Point
- Hales Corners
- West Milwaukee
- River Hills
- Ozaukee County
- Port Washington
- Grafton
- Mequon
- Cedarburg
- Saukville
- Fredonia
- Thiensville
- Belgium
- Waubeka
- Washington County
- West Bend
- Slinger
- Germantown
- Jackson
- Richfield
- Allenton
- Addison
- Wayne
- Cedar Lake
- Waukesha
- Waukesha
- Pewaukee
- Brookfield
- Oconomowoc
- New Berlin
- Menomonee Falls
- Muskego
- Delafield
- Hartfield
- Sussex
- Lisbon
- Big Bend
- Nashotah
- Butler
- North Lake
- Village of Pewaukee
- Elm Grove
- Eagle
- Dousman
- Wales
- North Prairie
- Okauchee Lake
- Lannon
- Chenequa
- Oconomowoc Lake
- Lac La Belle
- Vernon
- Merton
- Ottawa
- Willow Springs
- Waterville
School Districts, Private Schools, and Universities in the Milwaukee-Waukesha Metropolitan Area
The Milwaukee-Waukesha Metropolitan area is home to dozens of school districts that span a wide array of socioeconomic communities. As stated by the Metropolitan Milwaukee Association of Commerce, the Wisconsin public school system has a “long tradition of educational excellence,” resulting in students who have “consistently ranked among the top states in performance on SAT and ACT scores.”
Some school districts include Elmbrook School District, Mequon-Thiensville School District, and Whitefish Bay School District. Although each of these districts may have different policies in place for their disabled students, they must follow federal and state education laws.
Some well-known private schools include Atlas Preparatory Academy, Cristo Rey Jesuit Milwaukee High School, St. Paul Lutheran School, and Brookfield Academy. If your special needs student is currently attending a private school, it's essential to understand that, in most cases, these schools will not be bound by the same federal education laws. Unless a private school receives federal funds, federal laws do not apply.
What Special Education Laws Apply in Private Schools?
Section 1412 of the Individuals with Disabilities Education Act addresses what special education laws apply in private schools. In some circumstances, a school district may place a student at a private school that is better suited to serve their needs. For example, a school district may decide that a medically deaf student would be better educated at a school for the deaf. If this is the case, that student's federal special education rights (discussed below) will apply as if they were enrolled at a public school, and the school district will likely fund the student's tuition.
If, however, parents choose to enroll their disabled student at a private school, the student's IDEA rights will not apply. In some cases, you can claim that a school district failed a student so much that the parents had no option but to place their student in a private school. In this instance, full or partial compensation may be provided but is not guaranteed.
Colleges and Universities
The area is also home to dozens of impressive higher institutions, including The University of Wisconsin-Milwaukee, Marquette University, Mount Mary University, and Sanford-Brown College. Although the IDEA (discussed below) does not apply at the collegiate level, students with Individualized Education Plans (“IEPs”) in high school can use their special education experience to advocate for themselves at the collegiate level. Fortunately, portions of the Americans With Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (both discussed below) apply and protect disabled college students from unlawful discrimination.
If you are a college student with special needs and feel as though you need help navigating your disability rights on campus, contact our Education Law Team today.
Federal Special Education Laws
Special education law is primarily governed by federal laws that state schools must adopt as a condition to their receipt of federal funding. The two federal education laws that prominently protect disabled students include the Individuals With Disabilities Education Act ( “IDEA,”) and the Americans With Disabilities Act (“ADA.”)
The Individuals With Disabilities Act
The IDEA is a federal law that protects the rights of students with disabilities by requiring school districts to provide modifications, support, and services tailored to their unique educational needs. Students are eligible for special education under the IDEA if they are 3-21 years old. Eligibility expires when a student graduates from high school or turns 22, whichever comes first. Several key provisions of the IDEA are discussed below.
Free and Appropriate Public Education (“FAPE”)
The most frequently used term from the IDEA is the acronym “FAPE,” which stands for free and appropriate public education. Under the IDEA, public schools must provide eligible students with a FAPE, which is simply a unique education program that meets their individual needs at no cost. A child receives FAPE if they are prepared for further education, employment, and independent living.
If a school district fails to provide a disabled student with FAPE, parents can bring a due process complaint to recover compensatory education hours and funds.
Child Find
Under Section 300.11 of the IDEA, school districts must adhere to a doctrine known as “Child Find.” Child Find requires school districts to find, identify, and assess any student within their district who may need special education services. The law places this burden on educators rather than parents because it assumes educators have the necessary experience and training to recognize hallmark symptoms of disabilities. Some common signs of learning disabilities in children may include:
- Handwriting avoidance
- Poor coordination
- Pronunciation issues
- Reversing words or letters while reading or writing
- Delayed speech
- Impulsiveness or hyperactivity
- Poor social skills and/or inability to make friends.
- Inability to understand personal space.
- Desire to keep rigid schedules.
- Poor fine motor skills, such as inability to use scissors, tie shoes, catch balls, etc.
Under Child Find, if an educator has any reason to suspect that a student may have a disability, they must arrange for the student to be assessed for special education services. If a school district was aware that a child was exhibiting symptoms of a potential learning disability and failed to refer them for special education services, parents could request compensatory education funds and services to help their child catch up. If you believe your student's educators have overlooked potential signs of a learning disability, contact our Education Law Team today.
IEP Eligibility
If your child already has an IEP or has been denied an IEP, you have likely heard the term “eligibility.” After conducting thorough assessments, a school district must determine whether that student qualifies for special education services such that one or more identified disabilities affects their ability to access their education. Under the IDEA, a student can qualify for special education services if they have a disability in one or more of the following 13 separate eligibility categories:
- Specific learning disabilities such as dyslexia or dysgraphia.
- Other Health Impairments that may limit a student's strength, energy, or alertness, such as ADHD.
- Autism Spectrum Disorder.
- Emotional Disturbances such as generalized anxiety disorder, depression, oppositional defiant disorder, etc.
- Speech and Language Impairments such as receptive or expressive speech disorders.
- Visual impairments.
- Deafness.
- Hearing impairments that are not considered deafness.
- Deafblindness.
- Intellectual Disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or lower-than-average cognitive abilities.
- Orthopedic impairments such as Cerebral Palsy.
- Traumatic Brain Injury.
- Multiple Disabilities
In instances where a student has multiple disabilities, autism, deafness, etc., a school district must provide services in all areas of need, regardless of the student's primary eligibility category.
Least Restrictive Environment
Section 300.114 of the IDEA addresses a legal requirement under the IDEA known as “Least Restrictive Environment” or “LRE.” The LRE requirement mandates that students with special needs must be educated “to the maximum extent possible” alongside their non-disabled peers. This concept emphasizes that special needs students should not be segregated from the general education classroom except when they are pulled out for services or in instances where supplementary aids and services in the general education environment do not provide adequate support.
Individualized Education Plans
After determining eligibility for special education services, a school district must promptly provide the student with an Individualized Education Plan (“IEP”). An IEP is a legally mandated document under the IDEA that outlines the specific services and accommodations a student with disabilities may need at school to access their education. IEPs will vary from student to student and their needs. For instance, a student with a speech disability may have an IEP that includes speech services, while a student with physical limitations may have occupational therapy services. IEPs must provide students with goals and a curriculum that is aligned with grade-level content standards. Like a contract, if a school district fails to adhere to an IEP's terms, they have breached their agreement with a student and can be held legally accountable.
What Should an IEP Include?
Although each IEP will differ from student to student, Section 300.321 of the IDEA requires that each IEP include the following components:
- A description of the student's “present levels of academic and functional performance,” which will be used to help the team draft the student's upcoming goals.
- Annual goals that are uniquely tailored to a student's needs. These goals must be measurable and ambitious.
- A statement on what related services (if any) will be implemented to help students achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech and language services, etc.
- Any accommodation on campus that will help students more easily access their education, such as preferential seating, assistive devices, etc.
- Any modifications to the curriculum that the team may decide on, such as limited homework assignments, longer time to complete tasks, etc.
- A description of the student's academic placement with specific attention to how much time a student will spend in general education versus a particular education setting.
Additional items can vary from student to student but can include statements on the student's behavior, testing results, etc. If a school district fails to adequately address one of the sections on a student's IEP, parents may be able to seek compensatory education under a due process complaint.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The Americans with Disability Act protects all disabled students from preschool through post-secondary education by ensuring that they receive educational opportunities in a manner that is equal to their non-disabled peers. This means that schools must provide things like services, programs, accommodations, and activities for disabled students that help them integrate into campus life. If schools fail to make their buildings or programs accessible, for example, failing to make dorms wheelchair accessible, then students should consider bringing discrimination claims against their school for violations of their civil rights.
Equally important, Section 504 of the Rehabilitation Act of 1973 (“Section 504”) requires schools to make modifications to their policies and practices so students with disabilities can participate in school programs and activities “alongside their non-disabled peers as much as possible.” For example, suppose a student with a neurological condition is not mobile. In that case, the district should develop a 504 Plan that accommodates the student by offering transportation assistance, modified physical education opportunities, etc.
Violations under the ADA or Section 504 are not addressed through due process claims but are handled through civil rights litigation.
What Laws Address Bullying?
While the IDEA does not address bullying, Section 504 and the ADA mandate that schools must create safe and inclusive environments for disabled students. Moreover, suppose your student has been so victimized at school that they have developed anxiety or depression that prevents them from attending school or focusing on their education. If your student has been victimized and bullied because of their disability, compensatory education may be available.
Wisconsin Special Education Laws
In addition to the IDEA, ADA, and Section 504 discussed above, federally funded schools in Wisconsin must adhere to the state's special education laws and policies. Both Chapter 115 of the Wisconsin State Statutes and Chapter PI 11 of the State's Administrative Rules law outline the specific steps that Wisconsin educators must follow to comply with the IDEA, ADA, and Section 504.
Special Education Attorneys in the Milwaukee-Waukesha Metropolitan Area
Navigating the complex federal, Wisconsin, and local laws that govern your disabled student's rights can be an exhausting process. You are not alone! Our compassionate Education Law Team at the Lento Law Firm is standing by to help. We care about your child's rights and educational future. Contact us today by calling (888)535-3686 or visiting our online contact form.
