All parents want what's best for their children. To get it, most parents have to spend at least some time as an advocate for their kids' rights. Parents of disabled kids have to work harder than most, though. The world isn't always set up for your children, and not everyone out there understands why it's so important to make accommodations for the disabled.
The one place where you should never have to struggle to get your kids what they need in school. Every child deserves a quality education. The good news is the federal government has taken steps in the last half century to make sure students with disabilities get such an education. The Americans with Disabilities Act (ADA), for example, and the Individuals with Disabilities Education Act (IDEA), both contain important provisions that protect disability rights, particularly in education. If you live in the Sarasota metro area of Florida, your child is further protected by Florida state law and Florida Department of Education policies.
These laws should be all you need to make sure your child succeeds in the classroom. Unfortunately, even school districts sometimes drop the ball when it comes to responding to the needs of the disabled. There are those districts out there that do everything they can to avoid spending money on necessities like wheelchair ramps and elevators. There are teachers who still don't get that making accommodations for disabled students doesn't give them an unfair advantage: it levels the playing field.
When you encounter educators like these, educators who don't give your child the materials and services they need, you have a right—an obligation—to speak up. That's not always easy, we know. School districts can be powerful forces in local communities. You're not alone, though. The Lento Law Firm is committed to making sure all students are treated fairly. We'll work with you to demand your child's rights and to hold their schools accountable for providing them with everything they need.
Don't wait. Call the Lento Law Firm today at 888-535-3686, or use our automated online form to find out what we can do for your family.
K-12 Education in the North Port-Sarasota-Bradenton Area
The Sarasota Metro area, which includes Sarasota, North Port, and Bradenton, encompasses two Florida counties: Sarasota and Manatee. More than 800,000 people call this region home, and there are dozens of elementary, middle, and high schools, including
- Abel Elementary
- Alta Vista Elementary
- Atwater Elementary
- Braden River Elementary
- Englewood Elementary
- Lakeview Elementary
- Southside Elementary
- Tatum Ridge Elementary
- Tuttle Elementary
- Brookside Middle
- Haile Middle
- Heron Creek Middle
- Lee Middle
- McIntosh Middle
- Sugg Middle
- Woodland Middle
- Bayshore High
- Booker High
- Manatee High
- North Port High
- Riverview High
- Sarasota High
- Venice High
No matter which school your child attends, they're entitled to important disability rights. And no matter which school they attend, the Lento Law Firm is here to protect those rights. We work throughout Florida, and we know the Sarasota metro area and its school districts well.
Colleges and Universities in the North Port-Sarasota-Bradenton Area
Likewise, the Sarasota metro area is home to a number of strong colleges and universities, including
- New College of Florida
- Ringling College of Art and Design
- State College of Florida
- University of South Florida, Sarasota-Manatee
The Lento Law Firm doesn't just work with K-12 students. We're here to protect the rights of college and university students as well.
Of course, college students aren't entitled to the same level of services K-12 students are. Professors aren't required to create IEPs (Individual Education Programs) for instance, and schools don't have to undertake an MDR (Manifest Discipline Review) before sanctioning a disabled student's misconduct.
However, disabled students at these institutions are entitled to certain basic protections. Schools are prohibited from discriminating against disabled students in their admissions policies. Most schools maintain an administrative office specifically devoted to disability resources. Instructors are required to provide students with accommodations where necessary.
If you or your child need help forcing your university to treat you fairly, the Lento Law Firm is on your side the same as it is on the side of K-12 students. Call 888-535-3686 to find out what we can do.
The Fundamental Right to Education
Educational rights for the disabled aren't just a nice idea or even a moral imperative. They're actually enshrined in federal law. No one can deny these rights, and you should absolutely demand them any time a district isn't living up to its obligations.
What are these rights exactly?
At a fundamental base level, all children in the United States are entitled to a free public education. That right is afforded your child by the Constitution. The Bill of Rights and several additional amendments make clear that states must provide the same services to all citizens, regardless of special statuses like race, religion, sexual orientation, gender, and disability. Those services include education.
More recent federal laws, such as the ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973, provide educational rights specifically to those with disabilities. These rights apply to all disabled persons, including those with
- 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
These laws aren't just about preventing discrimination, though certainly they do that. They also provide your child with necessary resources. You're probably used to seeing wheelchair ramps at public buildings like schools. And you've pressed those red buttons that open doors automatically. The law doesn't just mandate these kinds of facility modifications, though. Your child is entitled to whatever they need to help them receive the same education as their non-disabled peers. That can include changes to facilities, the purchase of technology, the hiring of additional staff, and modifications to curriculum and assessment tools.
No matter what your child's specific disability, they have a right to a free and fair education. You never need to be shy about demanding those rights. The law is on your side. Whether you're dealing with a teacher, a school, or your entire district, the Lento Law Firm knows how to apply pressure and force schools to comply with the law.
The Principles Within the Law
Federal law is important when it comes to disability rights in education. Just as important, though, is a set of basic principles that have developed in the field of education. These further recognize your child's needs and set up a framework in which those needs can be met.
- Free Appropriate Public Education (FAPE): Again, the right to a free public education can be traced to the Constitution. That simple idea, though, has evolved over time into FAPE: the right to a Free Appropriate Public Education. The word “appropriate” here helps to ensure that districts respond to the special needs of their students with disabilities.
- Reasonable Accommodations: To ensure education is appropriate to the needs of disabled students, US education has further developed the concept of “reasonable accommodations.” That is, schools must make whatever changes are necessary—within reason—to provide these students with the same chance to learn. Accommodations can be physical, but they can involve offering services or simply changing the curriculum to suit the needs of differently-abled learners. And, because of the “F” in FAPE, your school district must provide these materials at no cost to you.
- Individual Education Programs (IEP): IEPs have developed over the last 25 years into a vital tool for holding schools and instructors accountable for providing the right accommodations. An Individualized Education Program is a plan that lists your child's specific education goals and outlines how the school will help them reach those goals. It's a bit like a contract that guarantees the services your district will provide. Usually, educators and disability experts work together to design this document. You and your child should play a large role in shaping its final form, though, and you always have the right to suggest modifications to it when necessary.
- Least Restrictive Environment (LRE): There was a time when teachers and administrators removed students with disabilities to separate classrooms or sometimes even completely other schools. Districts sometimes tried to force parents to remove these kids from school altogether. The concept of LRE, or the Least Restrictive Environment, ensures this can't happen anymore. Your child has a right to be in a mainstream classroom with their peers, as this is the place where they will learn best.
Schools should be among the most welcoming places in society for those with disabilities, and most are. When they aren't, though, it's important you act quickly to remedy the situation. Education is essential in childhood, and even a day or two out of class can put your child behind. The very moment you feel your school isn't being responsive to your child's needs, it's important that you contact the Lento Law Firm immediately so that we can begin the process of solving the problem.
Florida State Law and Department of Education Policy
Finally, you should know that Florida state law protects your child's rights as well. State law buttresses federal law by describing how the state of Florida will go about implementing federal mandates. In addition, the Florida Department of Education and its Bureau of Exceptional Education and Student Services (BEESS) works to implement state and federal law at the district and school level.
For example, state law requires all school districts to provide annual reports detailing how students with disabilities are performing on standardized tests. That information is publicly available, so you can get a global sense of how well your school is responding to your child's needs.
The BEESS publishes a weekly memo that provides updated information on resources available to disabled students and describes any Florida legislative actions that might affect you and your family.
Your best local resource for help in dealing with issues your disabled child might be facing, though? The Lento Law Firm. Beyond our training in federal educational and disability law, we also know the Florida education system. We know all the major players, the political forces in play, and how processes and procedures work. We're also familiar with the Sarasota Metro community. When you need us, we're there.
Manifest Determinations
To this point, we've focused on your child's rights to the same educational advantages other students receive. It's important that you also know, though, that your child is protected from unfair disciplinary practices as well.
In recent years, there has been a revolution in how most districts treat so-called “exclusionary discipline”—punishments that work by removing students from the classroom. Educational experts now agree that such discipline should only be used in the most extraordinary circumstances. Suspension, expulsion, and removal to an alternative school not only disrupt learning but can have serious long-term effects on students' mental and emotional well-being.
Students with disabilities are particularly vulnerable to these dangers. Many of these students already suffer from feelings of isolation and low self-esteem as a result of their disabilities. Exclusionary discipline only heightens these feelings.
To provide them with added protections from this type of discipline, the state requires districts to perform a Manifest Determination Review (MDR). The purpose of this review is to determine whether the alleged misconduct could simply be the natural outgrowth of a student's disability and whether a failure to properly implement the student's IEP could have played a factor in the incident.
No child should be subjected to disciplinary action for behavior they can't control. If your school is looking to discipline your child in a manner you don't feel is appropriate, the Lento Law Firm can help. We can negotiate directly with instructors and MDR teams. We can also represent you in any investigative meetings or hearings. We want you to get the very best possible resolution to your case.
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.
