All children and youth in the U.S. are legally entitled to a free appropriate public education (FAPE) provided by the state or commonwealth they live in. In Pennsylvania, as elsewhere, this includes all students, regardless of language, race, family income, living situation, gender identity, sexual orientation, faith, or ability. Students with disabilities and special needs, no matter the type or severity, are entitled to an education at no additional cost to their families, thanks to federal laws such as the Individuals with Disabilities Act (IDEA) of 1990 and Section 504 of the Rehabilitation Act of 1973, which bans discrimination based on an individual's disability.
If you are a student with a disability attending school in the Scranton-Wilkes Barre Metro Area, or a parent or guardian, you should know about integral parts of the federal laws protecting students with special needs. They include:
Individualized Education Plans (IEPs) outline the support and services a student will receive from the school. Examples include the ability to move around or leave the classroom, interpreting services, psychological services, physical and occupational therapy, or therapeutic recreation.
A State Performance Plan (SPP), which Pennsylvania, like all other states, must use to evaluate efforts to implement IDEA and describe how it will improve student performance/achievement.
Schools in the Scranton-Wilkes Barre Metro Area, like elsewhere, must make reasonable accommodations so students with disabilities receive an equitable education.
Students with disabilities have a right to learn in the Least Restrictive Environment (LRE) possible, with limited instances of removing them from their peers and general classrooms (for example, separate classrooms, schools, day programs, a residential facility, or a service provider).
Beyond K-12, Title II of the Americans with Disabilities Act requires that post-secondary schools reasonably accommodate qualifying students with disabilities. This might look like additional time to take assessments, a note-taking aid, special equipment or facilities, or a special schedule designed to support them in their learning. U.S. Department of Education regulations outline these rights for students with impairments affecting their hearing, speech, vision, mobility, or manual dexterity; intellectual disabilities; health impairments; emotional behavioral disabilities; and learning disorders – ADHD, autism spectrum disorder, and dyslexia, among them – as well as psychiatric conditions requiring psychoactive medication.
State and local laws also have put protections in place for students with disabilities. These incredibly important laws are designed to protect students from being bullied, intimidated, or harassed, behavioral interventions that violate their IEP (manifestation determination), and a school's failure to provide legally mandated services or accommodations.
If you are a student in the Scranton-Wilkes Barre Metro Area, or a parent or guardian, research what local, state, and federal laws exist to protect your student so you are prepared when you need to advocate for them.
The Education Law Team at the LLF Law Firm is experienced in going to bat for students and families and working with schools and school districts across the country to ensure students are not denied the education they are legally entitled to. Call 888-535-3686 for a consultation now, or tell us about your case.
The Scranton-Wilkes Barre Metro Area
The Scranton-Wilkes Barre Metro Area combined statistical area in east Pennsylvania is home to more than 560,000 residents living throughout Luzerne, Lackawanna, and Wyoming Counties.
Public and private K-12 and post-secondary students come from all over the valley, including county-seat neighborhoods such as:
- King's College
- Hudson/Hilldale
- Boulevard Manor/Fox Hill
- Askam/Buttonwood
- Keyser Valley
- East Mountain
- Pinebrook
- Green Ridge
Scranton-Wilkes Barre Metro Area townships and suburbs are home to tens of thousands of elementary, middle, and high school students as well as 26,000-plus post-secondary students. Many students come from the townships of Roaring Brook, North Abington, Newton, and Sugarloaf and from suburbs such as
- Clarks Green
- Chinchilla
- Clarks Summit
- Conyngham
- Dallas
- Larksville
- Dunmore
- Mayfield
- Mountaintop
- Old Forge
- Moscow
- Swoyersville
- Wyoming
- Hughestown
- Hudson
- Trucksville
- Dalton
- Moosic
- Plains
- West Wyoming
- Forty Fort
Schools in the Scranton-Wilkes Barre Metro Area
While federal and state laws require that all school districts provide special education services, the specifics of what each school district may offer usually depend on their budget and population. Services should be customized to the individual student and not to their disability.
Parents and guardians wondering where to find the services, supports, interventions, and accommodations their child's school must legally provide students depending on their disabilities should first locate where this information is provided on the school district or school website. Most school districts have departments or offices dedicated to equitably serving students with disabilities, where you should also be able to learn how to get in touch with personnel who can answer your questions. Advocating for yourself or your student is one of the most important things you can do in this phase of your or their educational journey.
If you are a student or a parent or guardian of a student with a disability attending a school within the Scranton-Wilkes Barre Metro Area, including those listed below, and you believe the school or school district is not upholding their legal responsibilities, you may wish to consider talking to a legal advisor to learn what options you have. The Education Law Team at the LLF Law Firm can increase the chances of getting what your student deserves.
Public K-12 Schools in the Wyoming Valley
The Scranton-Wilkes Barre Metro Area is home to a large number of K-12 public school districts, including the following, which are spread throughout Luzerne, Lackawanna, and Wyoming Counties:
- Hazleton Area School District
- Scranton School District
- Wilkes-Barre Area School District
- Wyoming Valley West School District
- Pittston Area School District
- Abington Heights School District
- North Pocono School District
- Berwick Area School District
- Crestwood School District
- Dallas School District
- Tunkhannock Area School District
- Valley View School District
- Wyoming Area School District
- Greater Nanticoke Area School District
- Western Wayne School District
- Hanover Area School District
- Lake-Lehman School District
- Mid Valley School District
- Carbondale Area School District
- Riverside School District
- Dunmore School District
- Lakeland School District
- Wyalusing Area School District
- Elk Lake School District
- Northwest Area School District
- Lackawanna Trail School District
- Mountain View School District
- Old Forge School District
- Forest City Regional School District
Many, but not all, of these school districts offer education at varying levels, including primary, intermediate, and secondary schools. The LLF Law Firm serves students and families at schools throughout the region, including at every elementary level and junior and senior high schools. Examples include:
- Wyoming Area Intermediate and Secondary Centers in West Pittston and Exeter, respectively
- Clarks Summit Elementary School, Newton-Ransom School, and Abington Heights Middle and High Schools in Clarks Summit
- Kennedy Elementary Center, Montgomery Avenue Elementary School, Sara J. Dymond Elementary School, and Pittston Area Middle and High Schools in Pittston
- Rice Elementary School and Crestwood Middle and High Schools in Mountain Top
- Dunmore, Scranton, Dunmore Middle School, and West Scranton High School in Scranton
- Valley View Middle and High Schools in Archbald
- Wycallis Elementary School and Dallas Elementary, Middle, and High Schools in Dallas
- Moscow Elementary School and North Pocono Middle and High Schools in Moscow
- Old Forge Junior and High Schools in Old Forge
- Solomon/Plains Elementary School, Hanover Area High School, and Wilkes Barre Area High School in Wilkes Barre
- Carbondale Area Junior/Senior and High School in Carbondale
- Lakeland Junior-Senior High School in Jermyn
- Tunkhannock's Roslund Elementary School and Tunkhannock Middle and High Schools
- Lake-Lehman High School in Lehman
- Drums Elementary and Middle School in Drums
- Valley Elementary and Middle Schools in Sugarloaf
- Western Wayne Middle School in Lake Ariel
Private schools in the Scranton-Wilkes Barre Metro Area
Under IDEA, states are required to provide services to students with disabilities enrolled in private schools as well. If your student attends a private school, including those listed below, make sure you understand what rights they have:
- Scranton Preparatory School
- Holy Redeemer High School
- Holy Cross High School
- MMI Preparatory School
- Friendship House
- Summit Christian Academy
- Immanuel Christian School
- New Story School
- Milton Eisner Yeshiva High School
- Triboro Christian Academy
- Muhlenburg Christian Academy
- Milford E. Barnes Jr. School
- Eihab School
- Revival Baptist Christian School
- Endless Mountains Christian Academy
- Bais Yaakov Of Scranton
- Wyoming Seminary College Preparatory School
- Canaan Christian Academy
- St. Clare/St. Paul Elementary School
- Our Lady of Peace School
- LaSalle Academy
Post-Secondary Institutions
The Scranton-Wilkes Barre Metro Area is also home to several well-known colleges and universities, as well as technical and community colleges, which are also required to follow state and federal education laws, including:
- University of Scranton
- Marywood University
- Misericordia University
- Penn State
- Wilkes University
- King's College
- Lackawanna College
- Keystone College
- Clarks Summit University
- Yeshivath Beth Moshe
- Wilkes-Barre Area Career & Technical Center
- Career Technology Center of Lackawanna County (CTCLC)
- Luzerne County Community College in Nanticoke
- Johnson College of Technology in Scranton
- Fortis Institute in Forty Fort
Keep in mind that there are differences in the obligations that K-12 schools have to students with disabilities, as opposed to post-secondary schools. For example, post-secondary students are not protected by IDEA. This means that while a college may offer students IEPs (often a continuation of a high school IEP), they aren't legally required to.
It can be frustrating to wish to advocate for your child's education after they become a legal adult. If you are the parent or guardian of a student 18 years or older, you've probably experienced this. Partnering with a strong legal team can help take some of the emotional weight off of you so you can advocate with a clear head from a space of calm, reason, and care.
If your state, K-12 school, college or university, or vocational school is not providing you or your student with legally entitled rights, you may wish to meet the Education Law Team at the LLF Law Firm, who are standing by to work with you.
Pennsylvania State Laws Protecting Students with Disabilities
Pennsylvania state laws offer additional protective regulations and policies for students with disabilities, overseen by its Bureau of Special Education. Students with a variety of disabilities can use the Bureau as a resource, including students with:
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbances
- Hearing disabilities
- Intellectual disabilities
- Multiple disabilities
- Orthopedic impairments
- Other health impairments
- Specific learning disabilities
- Speech or language impairments
- Traumatic brain injuries
- Visual impairments
Whatever an individual's disability, if they meet the standards to qualify, they have a right to services, support, and accommodations. If a school fails to acknowledge a student's disability or provide legally mandated
accommodations, families should contact the LLF Law Firm's Education
Law Team to seek a resolution.
Protect Your Student's Right to an Education
Filing a Complaint
If you believe your school or district in the Scranton-Wilkes Barre Metro Area is in violation of laws or regulations there to protect you or your student, you may have already spoken with school or district staff in hopes of resolving the issue. Or, perhaps you have agreed to try mediation. If these measures don't produce results, you may consider filing a formal written complaint with the Bureau of Education or requesting a due process hearing. You have the right to be accompanied and advised by legal counsel throughout this process if you choose.
The experienced Education Law Team at the LLF Law Firm can help guide you through this experience. We work with schools and school districts nationwide to ensure students with disabilities have what they need to access a quality education. Call 888-535-3686 for a consultation now, or tell us about your experience.
