As Americans' understanding of disabilities has become more nuanced, the framework for special education has become more robust. Fortunately, this awareness has contributed to a robust framework of laws and programs for students with special needs. Unfortunately, schools and districts in states, including Maine, do not always abide by special education laws.
Your student is entitled to an inclusive education and also the various accommodations federal and Maine law affords them. When students with disabilities are treated unjustly or fail to receive the accommodations they deserve, our legal team rectifies the situation.
Our team is well-versed in the Individuals with Disabilities Education Act (IDEA) and other statutes that may affect your K-12 student. Call the Lento Law Firm's Education Law Team today at 888.535.3686 to discuss how we can assist you and your student, or reach out online.
What Special Education Means
The U.S. Department of Education defines special education as "specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability." The parameters of special education include:
● Academic instruction in the classroom
● Instruction in the home, a medical facility, or other environments
● Vocational training
● Physical education
● Speech-language pathology
● Travel training
Like a typical education, special education is intended to prepare the student for life while avoiding unnecessary harm.
What makes special education "special" is the act of "adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction" to meet the student's needs. These adaptations (or lack thereof) are often the focus of our lawyers. It will be our job to ensure your student receives adapted services so they are in a position to succeed.
Federal Laws That You and Your Student Should Be Aware Of
The Individuals with Disabilities Education Act is the leading federal law that governs the education of those with special needs. This Act compels schools throughout Maine to provide a broad range of resources for students like yours, including:
● Physical accessibility to the learning environment, physical education facilities, and other areas related to a comprehensive education
● Prevention of bullying
● Early learning resources
● Specialized assessment conditions and methods
● Specialized disciplinary procedures
● Specialized dispute resolution procedures
● The right to a Free Appropriate Public Education
● The creation and maintenance of an individualized education plan (IEP)
● Secondary transition services
This is just a snapshot of the many rights and resources afforded your student by the IDEA.
While the IDEA is most often the federal statute we utilize to secure accommodations for K-12 students with disabilities, we are also well-acquainted with the Americans with Disabilities Act (ADA) and other federal legislation pertaining to disabled individuals.
Terms to Know When Discussing Special Education
As you consider the accommodations your student may need, it helps to understand basic terminology that arises during these discussions. Some terms to consider are:
● Individualized education plan (IEP): An individualized education plan is a requirement for any public school student receiving a special education. This is a detailed document outlining the student's disabilities, education needs, assessment techniques, and other details relevant to their education. This plan is critical because it can be used to resolve disputes about whether educators are honoring their agreement about how to handle the student.
● Free appropriate public education (FAPE): Section 504 of the Rehabilitation Act of 1973 entitles students with disabilities to learn and engage in physical education just as other students would. In short, a FAPE means your student cannot be unnecessarily excluded from activities involving non-disabled peers.
● Least restrictive learning environment: Your student has a right to learn in the least restrictive learning environment, which means remaining among other students to the most reasonable extent possible. Again, your student should never be isolated or excluded if it is possible for them to remain in a less restrictive environment.
● Reasonable accommodations: The phrase "reasonable accommodations" refers to any accommodation (such as extended testing time or one-on-one instruction) a student with a disability needs to learn without burdening a school or district.
● Travel training: Travel training can refer to instruction that allows a disabled student to navigate their school, home, professional setting, or other local environment. Such training constitutes a basic life skill and is therefore accounted for under special education statutes.
The realm of special education presents plenty of jargon, and our attorneys are familiar with the terminology you may encounter when seeking accommodations for your student. If you ever face questions or confusion about a term or concept, we will clarify for you.
Eligibility for Special Education Programs
Section 300.8 of the IDEA defines "child with a disability" as those with:
● Hearing impairment, including but not limited to deafness
● An intellectual disability
● Orthopedic impairment
● Traumatic brain injury (TBI)
● Visual impairment, including but not limited to blindness
● Emotional disability or disturbance
● Autism
● Speech or language impairment
If your student has a condition not listed here, they may be eligible for accommodations under the IDEA or other statutes. Our Education Law Team can arrange for your student to undergo an evaluation if necessary, and we will work to secure any formal diagnoses authorities require.
Maine-Specific Laws and Programs to Be Aware Of
The Maine Department of Education details several state-level laws and procedures that are relevant to students with disabilities, including:
● 1% assessments: Maine provides alternate assessments (also known as 1% assessments) to "a small group of students with the most significant cognitive disabilities." These assessments have been adapted to reflect the students' learning capabilities and allow a fair metric for evaluating the students' learning progress.
● 20-A MRSA (Maine Revised Statutes Annotated) Chapter 301 § 7001: This statute provides specific definitions for terms related to students with disabilities, including "child with a disability," "special education program," and "early intervention services."
● 20-A MRSA (Maine Revised Statutes Annotated) Chapter 301 § 7006: This statute formally mandates that educators in Maine comply with the tenets of the IDEA.
● 20-A MRSA (Maine Revised Statutes Annotated) Chapter 303 § 7202: This statute details the responsibilities of "administrative units" in diagnosing, educating, and caring for students with disabilities.
● 20-A MRSA (Maine Revised Statutes Annotated) Chapter 303 § 7207-B: This statute details due process hearings that may be necessary when a school or district takes adverse action against a student with disabilities. Such a hearing may also be necessary to seek reasonable accommodations for a student in Maine who requires them.
The list of Maine-specific statutes and procedures related to students with disabilities is long. You don't have to find, navigate, or interpret these statutes on your own. The Lento Law Firm's Education Law Team knows these statutes, has access to them, and understands the complex legal issues that exist throughout them.
Special Education Services Your Student Is Entitled To
As our understanding of various disabilities has increased and technology continues to progress, disabled students in Maine have access to more accommodations than ever before. Some accommodations your student may be entitled to include:
Caring, Special Attention from Educators
Even if it is not minted into law, your student is entitled to:
● Receive frequent, personalized attention from their educators and administrators
● Have clear, constant channels for voicing needs and concerns to those in charge of their education, physical development, and professional training
● Be encouraged to voice their concerns without fear of rejection or repercussion
● Be allowed to contact their guardian when necessary
Your student is also entitled to learn in the least restrictive environment with both disabled and non-disabled peers. If you feel your student is not receiving personalized, attentive attention or the resources they deserve, we will explain your options for rectifying the shortcomings.
Physical Accessibility
Both the IDEA and the ADA cement disabled individuals' right to physical access to all learning and training environments. Reasonable physical accommodations can include:
● Ramps
● Handrails
● Disability-friendly desks
● Any other physical resource that ensures anybody can access their learning environment
We can work with you and experts in disability accommodations to determine what a school or district must do to ensure fair access for your student.
An Individualized Education Plan
Your student is most likely entitled to an IEP. We may need to take formal action if:
● Your student has not received an IEP
● Educators or administrators refuse to adhere to the terms of the IEP
● Authorities will not update the IEP to reflect changing circumstances related to your student's disability
● You don't have an adequate say in the formation or administration of the IEP
Individualized education plans are essential documents in ensuring that disabled students receive a beneficial education free of discrimination or limitation. We will take all necessary measures to ensure the formation, updating, or proper execution of your student's IEP.
Assistive Learning Technology
Considering the breadth of learning-specific technologies that have emerged in recent history, these assistive devices generally qualify as reasonable accommodations. Some tools that can help disabled students learn and interact with their peers and teachers include:
● Speech-to-text devices, which can be helpful for students with dyslexia and certain other intellectual disabilities
● Graphic organizers which can benefit students with Executive Function Disorder and certain other disabling conditions
● Written course materials for the hearing-impaired
● Audible course materials for the visually impaired
There are learning technologies and tools for every disability. We will review what your student's school has (or hasn't) done to help your student learn, and we will demand any necessary resources that will improve their odds of success.
Specialized Testing Conditions
Testing can significantly impact your student's academic progress, socialization, self-esteem, and future employment opportunities. Your student may be entitled to:
● Testing in an isolated area (or at least an environment that is less chaotic than a classroom)
● Extended testing time
● Specialized testing materials
● Other testing-specific accommodations
Our team will work to ensure your student is testing under fair conditions that reflect their disabilities.
Accessible Education/ Instructional Materials (AEM/AIM)
Maine's resources for administrators and support staff refer to AEM and AIM, which are a bevy of resources "to ensure all of their educational materials, information and communications are accessible to all."
If your student has not been granted unfettered access to AEM and AIM materials, we will work to ensure they're granted that access.
Having Access to Accommodations Is Not Enough
It is not enough for administrators and educators to offer disability-related resources to your student. Authorities at your student's school and school district must:
● Suggest any resources that could help your student succeed
● Proactively install resources (like ramps) that will ensure your student has full access to all facilities
● Offer you (as a guardian or other person responsible for the student's success) to have influence over IEPs and other aspects of your student's education
● Refrain from inappropriately disciplining your student for incidents related to their disability
● Act in good faith relative to every aspect of your student's education and treatment
Federal and state laws impose a high standard of care for students with disabilities. If any person has fallen short of these high standards, we will take intentional steps to secure your student's accommodations.
Why Your Student Needs an Education Attorney on Their Side
The Lento Law Firm offers its services to you and your student because:
● We are familiar with laws and procedures governing disabled students in Maine
● We have dealt with large bureaucracies to ensure the fair treatment of disabled students
● Our attorneys have a passion for helping disabled students realize a fulfilling, beneficial educational experience
● Our team will handle every aspect of your case so you can continue to focus on your student's daily life
Fighting for your student can be overwhelming, and you may feel much more at ease with the Lento Law Firm's Education Law Team on your side.
Call the Lento Law Firm's Education Law Team Today
The Lento Law Firm's Education Law Team is always available to speak with you. Call the Lento Law Firm's Education Law Team today at 888.535.3686 to discuss how we can assist you and your student, or tell us about your case online.
