In the US, every child is entitled to a free public school education that is appropriate for their needs. This right is guaranteed by the Individuals with Disabilities Education Act (IDEA). Children who benefit from this law include those with severe learning difficulties to academically gifted children. Kansas considers these deviations from the typical learning curve as “exceptionalities,” and school districts are obliged, at state and federal levels, to ensure these children have fair and appropriate access to an education suitable for them.
One such way to provide students with a suitable education is through an individualized education program (IEP). If your child is a candidate for an IEP, then you need to know what legal rights you have and how to advocate for your child's best interests. Given how confusing this area of law can be, our Education Law Team wants to help. Call the Lento Law Firm now at 888.535.3686 or leave us a message online to schedule a meeting with a Kansas IEP attorney.
What Is an IEP?
Individualized education plans are academic roadmaps for students with specific learning needs. These plans are – as the title suggests – individualized and tailored to the student's unique requirements. They should support the child in reaching their own specific learning goals. This could mean following the same curriculum as their peers but with different support materials. Or it could mean pursuing a different curriculum in line with their abilities.
An IEP helps to ensure that your child receives, so far as possible, an education in the least restrictive environment. This often means learning in the classroom alongside their peers; however, it could mean learning in alternative environments.
In Kansas, children should have an IEP in place from their third birthday unless a developmental issue does not manifest until later. And when a child turns 14, they have the right to participate in designing their own IEP if they have the intellectual capacity to do so.
The main rules and processes regarding IEPs can be found in the handbook supplied by the Kansas State Department for Education (KSDE). However, we will summarize the main rules you should know about and how to pursue your child's key legal rights.
Types of IEPs
Every IEP is unique. However, we can categorize IEPs in Kansas broadly as follows.
- IEPs for children with disabilities: Children with disabilities, such as specific learning disabilities, should have an IEP that helps them reach their academic goals. These goals may be very different from their peers, depending on the severity of their disability.
- IEPs for gifted children: Kansas specifically recognizes the right of exceptional or academically gifted children to pursue a rigorous education to help them reach their potential. These children typically have IEPs designed to challenge them, which could involve learning a different curriculum from their peers.
- Emergency IEPs: It may be possible to have an interim IEP in place to support a child while you liaise with the school district to formulate a full IEP. This may be suitable if a child is severely struggling.
Qualifying for an IEP
To qualify for an IEP, students must have an exceptionality that affects their ability to learn in a regular classroom. It's not sufficient to have a disability. The exceptionality must impact the child's ability to participate in the regular curriculum.
Identifying children with qualifying characteristics is a complex process. It may involve an extensive evaluation by school staff, physicians, and other officials. What matters, though, is that your child gets a fair screening. Schools and state agencies must respect due process and carefully consider how best to support our children. To ensure this happens, contact the Lento Law Firm Team for advice.
IEPs vs. 504 Plans in Kansas
There's a difference between IEPs and “504 Plans”.
IEPs are guaranteed by IDEA and Kansas state law. 504 Plans stem from a different federal law – the Rehabilitation Act of 1973. A 504 Plan ensures that students with a disability receive the support they need to complete a regular school education. These students do not require specialized instruction or adaptive measures to reach their goals. They do, however, require recognition to protect them from discrimination, which is why 504 Plans can be helpful.
It's important that your child receives the right plan for their needs. If you're worried that a school is refusing an IEP for your child in favor of a 504 Plan, our attorneys can help.
What Is Included in an IEP?
At its most basic, an IEP must set out two things:
- The student's specific educational needs.
- How those educational needs will be met through various services and learning tools.
IEPs must all have certain components, including:
- A statement of the child's current performance and skill level.
- At least one annual academic performance goal.
- How the school will measure their progress towards the defined performance goal(s).
- What special education support services the child will receive.
- How long the services are expected to last. This should include the service frequency and duration.
- Whether the child will learn in a regular classroom and, if so, for how long.
- Whether the student requires testing or exam adaptations to complete such assignments.
- If the child is aged 14 or over, there must also be transition goals to help the student prepare for college, independent living, or another secondary goal.
School districts in Kansas cannot introduce, change, or implement an IEP without parental or guardian consent.
Creating an IEP in Kansas
To create an IEP, the child must first be referred for evaluation. This evaluation determines if the child has educational needs that require support (or if a 504 Plan is more suitable).
If the evaluation concludes that an IEP is necessary, a meeting should be held with a dedicated IEP team to discuss, draft, and finalize a suitable IEP. The goal will be to find “reasonable accommodations” that help a child reach their goals without placing an unreasonable or disproportionate burden on the wider school community.
This stage involves evaluating the available support options, proposing what support you believe your child requires, and finalizing how these support services should be implemented. It can be complex – which is where our firm can help.
The Cost of Reasonable Accommodations and IEPs
If there's one reason why school districts will refuse certain services as part of an IEP, it's this one: funding.
There's a significant funding issue in Kansas for special education programs, more generally, including IEPs. In KS, the state must pay 92% of excess costs associated with special education, such as transportation. However, the state is failing to provide this full amount of funding, and so school districts are struggling to make up the shortfall.
Moreover, there's an increase in students requiring IEPs and special education services across the state. In fact, 16% of students enrolled in the KS public school system require access to special education services. Across the US, there are over 7 million students receiving special education services, and this number is expected to grow.
As school districts struggle to meet demand, funding cuts may be implemented elsewhere. These cuts could impact the wider school community, and so, unfortunately, school districts will always approach an IEP accommodation with costs in mind. That's why you need your own advocate on your side to help you hold schools accountable to your child. Our attorneys will ensure that schools afford your child every legal and procedural right so that they have the education they deserve.
What Happens if a KS School District Denies a Request?
Unfortunately, with such funding concerns becoming more widespread, it's becoming easier for schools to deny IEP changes or accommodation requests based on cost considerations. If your request is denied, you have the following options.
- IEP team discussions: You may be able to informally resolve matters by first scheduling an IEP team meeting. Our attorneys are happy to help you arrange this meeting and work towards a positive outcome that balances the needs of your child and the wider school community.
- Formal complaint: If discussions aren't productive, or you believe the school is behaving unfairly, you can make a formal complaint to the KSDE. Options for resolving disputes include mediation and more formal court hearings. We will break the process down below.
- Alternative accommodations: If the school offers alternative, more cost-effective suggestions, you may wish to consider them. Even if you subsequently decide to appeal the school's decision, it's helpful if you can prove that you considered the cost-effective option and can show why you believe it's unsuitable for achieving a free and appropriate education for your child.
Remember, schools are not obliged to implement every possible support service or modification. They must balance the needs of a special education student against the needs of the wider school community. However, your child has the same right to a suitable education as any other child. The Lento Law Firm can evaluate the situation and explain whether you might challenge the school's decision to deny a request.
What if the School Fails to Honor the IEP?
It's not uncommon for school staff to fail to implement an IEP properly. For example, you may face issues such as:
- Failure to schedule an IEP meeting.
- Lack of compliance with an agreed IEP.
- Refusal to update an IEP.
- Failure to implement proposed changes.
It's possible for one or more teachers to ignore an IEP. For example, they might ignore a requirement to use certain learning aids or signals. Alternatively, the school itself – or even the school district – may be falling short of what's required of them.
In all cases, your first step should be liaising with the school IEP team. It may be possible that a teacher simply needs clarification on how to implement an IEP instruction. Or it may be that you can now schedule a meeting to discuss and change the IEP suitably. Before attending any meeting, though, make sure that you:
- Know what you hope to gain from the meeting, e.g., what learning outcomes you wish to review or what services you wish to ask for.
- Gather evidence to support your position, e.g., letters or emails from the school and teacher comments.
- If your child is over 14, ensure that they feel represented and able to express their views properly. They should not feel intimidated by asking for what they deserve – instead, they should feel supported and encouraged.
The more prepared you are, the better your chances of feeling satisfied with the outcome. And, of course, our Education Law Team will be happy to support you if you require help with making school complaints or pursuing IEP changes in Kansas. We understand how important your child's education is, and we're committed to protecting the rights of all special education students around the country.
Ideally, the school will now honor its obligations, and you can consider the matter closed. However, if you're worried about how a school is responding or if you have more general complaints, you can trigger the dispute resolution process, as we'll outline below.
Dispute Resolution for IEPs in Kansas
Under federal law, every state must have a dispute resolution process for handling IEP issues. In Kansas, there are stages you should go through to resolve an IEP dispute in the least adversarial way possible.
Typically, it's in your child's best interests to approach negotiations in a non-confrontational way. This minimizes disruption to their education and allows all parties involved to feel like they've arrived at a suitable, fair solution. Should the school district fail to honor its responsibilities, or should negotiations fail, you have further options, as we'll explain.
As described above, your first step for resolving an IEP dispute should be contacting your child's IEP team. Often, it's possible to resolve matters through informal conversations or a team meeting. If you're unhappy or if the school fails to honor the agreed changes, you can make a formal complaint.
To make a formal complaint, complete the relevant complaint form and send it to the KSDE's Special Education Services Team. You can find the form on the KSDE website or ask our Education Law Team for help.
Special Education Services Team Review
The KSDE must review your complaint within 30 days. Typically, this will involve discussing matters with you and the school in question. Once these initial investigations conclude, they'll prepare a report.
- If the services team decides action is required, they'll make recommendations to the school. The school must respond with its own proposals within 10 days.
- The KSDE may close the complaint if they decide that no action is required.
The school can appeal the KSDE's decision or make the recommended changes. Similarly, parents can appeal if they're unhappy with the school's actions or the KSDE's findings.
Further Action
In Kansas, the Office of Administrative Hearings (OAH) can hear complaints regarding IEPs and other education law matters. This process may involve mediation or less formal discussions, or it could result in a formal hearing before an administrative law judge. The goal will be to reach a resolution in the child's best interests, but, of course, this does not mean that the dispute will be resolved in your child's favor.
You may have further appeal options if your case at the OAH level is unsuccessful. And if there are suggestions of discrimination against your child based on their disability, you may have additional civil complaints avenues to explore.
Our Education Law Team will explain every option available so you understand how to proceed.
Why You Need an Experienced IEP Lawyer
If you've never hired a lawyer for an education matter before, it's understandable that you might be unclear about how to proceed. You may even be unsure whether you need a lawyer at all. Although you can handle IEP disputes alone, there are many compelling reasons why you should consider hiring an IEP lawyer in Kansas first.
- There are various support services available for special education students in Kansas. Hiring an IEP lawyer will ensure that you can explore every avenue to provide your child with the quality education they deserve.
- Education law is very complex. Only an education attorney has the experience – and understanding of the rules required – to negotiate the best possible outcome. So, while you can hire any attorney of your choosing, an education lawyer will give you the highest chance of success.
- School districts have their own attorneys on their side. They have knowledgeable lawyers they can turn to when they need advice on refusing support requests or handling disputes. If you don't have a lawyer on your side, then you're at an immediate disadvantage.
- There's no doubt that IEP disputes can be challenging. The Lento Law Firm Team will stand with you and negotiate with the school district on your behalf. We will do our utmost to secure a favorable result that's in a child's best interests.
- IEPs can be complex. They require careful design and management and frequent review. A lawyer can explain your child's legal rights and ensure that they are reflected in any Kansas IEP.
- IEPs should serve your child in the long term, not just right now. They should prepare them for life as an independent, thriving adult. The Lento Law Firm Team will help to ensure that your child's IEP evolves over time to reflect their changing needs.
An experienced IEP attorney can be an asset to your family when you're navigating special education issues. Whether you need help finalizing an IEP or challenging a reasonable accommodation refusal, the Lento Law Firm can support your child when they need it most.
How the Lento Law Firm Team Can Serve You
Choosing the right attorney for IEP matters is critical. This means retaining a lawyer with the experience and knowledge required to navigate the Kansas education system.
If you retain our Education Law Team, we'll get to work immediately on your concerns regarding your child's education. We will explain, in clear terms, what rights you have and how to pursue them. And if you have a dispute, we will hold your school district accountable and ensure they afford you every procedural right you are entitled to.
Our attorneys have experience liaising with local school districts around the country. We know how education authorities work and how they approach decision-making. And most critically, we know how to approach IEP negotiations. Our goal is to minimize disruption to your child's education and give you confidence in their IEP – and we have the knowledge of school education systems to pursue this goal.
Protecting Special Education Student Rights Across Kansas
As a nationwide law firm, we serve the needs of special education students across the US. Wherever you're located around the country, there's a Lento Law Firm IEP attorney who can help you. We are proud to assist families around the State of Kansas in school districts, including:
- Andover
- Blue Valley
- Kansas City
- Lawrence
- Olathe
- Shawnee
- Topeka
- Wichita
We are committed to protecting student rights, regardless of location. Let our experienced attorneys come to you – don't hesitate to reach out to discuss an IEP matter.
Retain Our Education Law Team | Lento Law Firm
Your child deserves the chance to reach their full potential. And in Kansas, they are legally entitled to a free and appropriate public school education. Schools must take reasonable steps to accommodate your child in the least restrictive environment and provide them with an IEP tailored to their unique capabilities.
Whether you're a parent or guardian, you have options if you're concerned about the quality of education your child is receiving. It's not uncommon for schools to fail to implement IEPs correctly. They may fail to properly consider the child's needs, misinterpret the rules, or fail to include all relevant parties in the IEP creation process. Moreover, schools may fall back on funding arguments to justify why they can't – or won't – make reasonable accommodations for a child.
In all cases, you may be left feeling frustrated and concerned for your child's welfare in the classroom. At the Lento Law Firm, we understand your worries, and we're determined to help. Our Education Law Team will hold your school district accountable to your child. We will be your best advocates and ensure that your child has a fair chance to reach their true potential.
Do not face the complexities of special education law alone. Let us support your family and protect your child's legal rights. Contact us now by completing the contact form or calling 888.535.3686.
