If you have a disability, or you're a parent whose child has a disability, it's important you know that student rights at public education institutions are protected by two major federal laws: the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). These laws mandate how your school can and can't treat you, and they can be important assets in making sure you are treated fairly and given equal access to educational opportunities and resources.
Depending on where you live, you may also be protected by state and local laws. If you live in the Phoenix metro area, for example, the Arizona Department of Education maintains a number of rules designed to help K-12 students with disabilities succeed in the classroom.
You have these rights, and no one can take them away from you, but you can never know when you will encounter a teacher, an administrator, or a school district that either doesn't understand the law or refuses to implement it appropriately. When that happens, you don't have to accept it, and you don't have to deal with it on your own. Joseph D. Lento and his Education Law Team Law Team know the law, and they're experienced at working with school districts. They stand ready to help, whether you're fighting to make sure your child is treated fairly or you simply need to restructure your child's educational support structure.
The Phoenix, Mesa, Chandler Metro Area
Let's start with a little background.
The Phoenix metro area—The Valley—is comprised of three separate counties:
- Maricopa
- Pinal
- Gila
In addition to Phoenix proper, these counties contain several other important communities, including:
- Mesa
- Chandler
- Gilbert
- Scottsdale
- Glendale
- Peoria
- Tempe
It should come as no surprise, then, to learn that there are numerous school districts in the area—elementary, high school, and unified.
- Alhambra Elementary
- Balsz Elementary
- Cartwright Elementary
- Cave Creek
- Chandler Unified
- Creighton Elementary
- Deer Valley Unified
- Dysart Union High
- Fowler Elementary
- Glendale Union High
- Isaac Elementary
- Kyrene Elementary
- Laveen Elementary
- Littleton Elementary
- Madison Elementary
- Murphy Elementary
- Osborn Elementary
- Paradise Valley Unified
- Pendergast Elementary
- Peoria Elementary
- Phoenix Elementary
- Phoenix Union High
- Riverside Elementary
- Roosevelt Elementary
- Scottsdale Unified
- Tempe Elementary
- Tempe Union High
- Tolleson Elementary
- Tolleson Union High
- Union Elementary
- Washington Elementary
- Wilson Elementary
These districts vary widely, of course, in terms of population, demographics, and policies. Ultimately, though, they must all abide by the same federal and state laws when it comes to how they treat students with disabilities.
Colleges and Universities in the Phoenix Metro Area
There are also nearly three-dozen colleges and universities in the Phoenix-Mesa-Chandler area, including
- The Arizona State University
- Phoenix College
- Phoenix University
- Grand Canyon University
Generally speaking, universities have more leeway when it comes to providing disability services. For example, instructors aren't required to maintain IEPs for college students. Even so, there are important requirements these post-secondary schools must meet. Students are entitled not just to fair admission standards and fair treatment in general but to accommodations and modifications they may need to be successful as students.
Understanding FAPE, IEPs, and Reasonable Accommodation
The ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 require all public schools—especially K-12 schools—to provide disabled students with the resources and support they need to complete their primary and secondary education.
As a starting point in understanding these laws, it can be useful to know what specific disabilities qualify for educational support and services under IDEA.
- 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
Just as important are the specific rights guaranteed under these laws. Four of the most important are
- Free Appropriate Public Education (FAPE): The concept of FAPE actually applies to all children in the US. It's a commitment by federal and state governments to make sure everyone receives an education. However, FAPE has special meaning for disabled students since it requires districts to provide whatever services and resources these students need without cost to the family.
- Individual Education Programs (IEP): Parents, students, and the school put IEPs together to serve as a guide for how best to educate a child with a disability. IEPs can and should be modified and updated as needed.
- Reasonable Accommodations: These are all the changes a school must make to its educational program in order to sufficiently meet a disabled student's right to an equal education. It is important to note, however, the use of the word “reasonable” here. Districts do have the right to refuse to make a modification if it is too expensive or if the district feels it would harm its ability to educate others.
- Least Restrictive Environment (LRE): This assures disabled students are, at least to the extent possible, placed in mainstream classrooms alongside their peers. Of course, “least,” like “reasonable,” allows some room for school districts to maneuver. There are cases in which a disabled student may learn better in an alternative environment. However, a district must be able to show that ordinary instruction, even with support resources, is not enough to help the child move forward academically before they can move that child into an alternative program.
Together, these four rights are meant to provide disabled students with the very best possible chance at an education. Districts don't always implement the law effectively, though. That's when you need to call Joseph D. Lento and the Lento Law Firm Team. They can make sure your school is giving your child all the rights and services they deserve.
Arizona Law
While federal law lays the framework for disabled rights in the classroom, the state of Arizona's Department of Education has the responsibility for ensuring that districts in the state—including those in the Phoenix metro area—actually implement that framework. Exceptional Student Services, the Department of Education's office for handling disability services, maintains a thorough set of “rules” for how districts should administer such services.
Here is a brief overview of some of the more important of those rules.
- Schools must “identify, locate, and evaluate” all children with disabilities. Further, they may not simply rely on parents to report disabilities. Instead, they must screen any child in kindergarten and any child transferring into the district for any qualifying disability within 45 days.
- Districts are instructed to conduct a thorough evaluation of any child identified as having a disability. Such an evaluation must occur within 60 days of the initial identification.
- However, the school or district must obtain written consent from a child's parent or guardian before undertaking an evaluation.
- The school or district must use a variety of evaluation tools and measures to make its determination.
- Parents are entitled to have their children evaluated by an independent evaluator at the school's expense, provided the same tools and measures are utilized by comparably trained personnel.
- Parents must also provide consent before the district offers any disability services, and they may revoke that consent at any time.
- Every child receiving special education services should have an IEP on file that describes their specific learning objectives and the path that should be taken to reach those objectives.
- Schools must review IEPs no less than annually.
- Parents have the right to attend IEP meetings, and schools have an obligation to let them know when such a meeting will occur.
- The school must give you a copy of your child's IEP free of charge.
- The district must provide your child with transportation to the school or any other education program should they need it, at no expense to you.
Finally, it is also worth knowing that Arizona schools are required to maintain some mediation mechanism for resolving disputes over disability education. Furthermore, they must provide a due process hearing system presided over by an administrative law judge when mediation does not work.
Joseph D. Lento and the Lento Law Firm Team can be a vital part of these resolution processes. They can advise you as to your rights, explain how procedures work, help you prepare materials, and in some cases, even accompany you to meetings and proceedings.
Manifestation Determination Reviews
Beyond the basic rules on how the disability system works, the Arizona Department of Education also has rules that regulate how students with disabilities can be treated in the classroom and school environments. One of the more important rules concerns how discipline is affected in the district.
While all schools are entitled to develop their own policies as regards discipline, a student with a disability may sometimes be exempt from aspects of these policies if their specific misconduct is related to their disability. Such exceptions can be especially important in cases where a student with a disability faces removal from the educational environment, such as suspension, expulsions, and placement in alternative schools.
In such cases, students with disabilities are entitled to a Manifestation Determination Review. Such reviews are conducted by an MDR team, and their purpose is to determine whether a student's misbehavior may have been a direct result of their disability. In addition, students are sometimes deemed “not responsible” if their actions were caused by a failure in the appropriate implementation of their IEP.
Here again, Joseph D. Lento and the Education Law Team can help you make sure your child's rights are protected and that they aren't held accountable for misconduct they couldn't control.
Charter School Admissions
There are a number of other ways in which disability law and education interact. For instance, Arizona law prohibits any charter school from refusing admission to any student based on their disability status. Of course, once a student is enrolled in a charter school, the school must follow the same state and federal requirements as any other public education institution in terms of providing support and services.
Joseph D. Lento and his Education Law Team know all about the law as it applies to charter schools and all aspects of the Arizona state education system. If your child is facing a problem, if you suspect a school or district isn't respecting their rights, you owe it to yourself to contact them and find out what they can do for you.
Information for University Students
University students with disabilities aren't entitled to all the same benefits K-12 students are. For instance, IDEA no longer applies. However, if you're in college, you should know that you still have some important rights under both the ADA and Section 504 of the Rehabilitation Act of 1973.
- Colleges and universities cannot exclude students on the basis of disability.
- Colleges and universities must provide free and appropriate support and accommodations such that students with disabilities can participate equally in classes, activities, and housing.
Of course, the law says that you have the right to privacy, and schools cannot require you to disclose a disability if you don't choose to. Conversely, if you want access to accommodations and other services, you have to let the school know about them, and you may have to provide some documentation to prove your disability.
If you're meeting resistance, though, from a professor or an administrator, Joseph D. Lento and the Lento Law Firm Team can make sure you're given all the rights to which you're entitled.
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, thou Joseph D. Lento and the Lento Law Firm Team can be a big help. They 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 Law Offices of Joseph D. Lento can do for you and your child, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
