Over 7.5 million students receive public school special education, which is essential for their growth and success. This is not only crucial for their development but also legally mandated by the federal government. Special education programs help children with disabilities thrive. Unfortunately, some schools fail to adequately address these students' specific needs. When educational institutions fall short in providing reasonable accommodations or modifications to help special education students learn, these students face significant setbacks. Their educational, emotional, and social development suffers. Too often than not, schools impose unjustifiable disciplinary measures on them.
The National Education Law Team at the Lento Law Firm stand up for special education students whose disability rights are being challenged. Ensure your child gets the special education services they are entitled to and aren't subjected to unwarranted suspension, expulsion, or alternative placement. Contact the Lento Law Firm's Education Law Team today by calling 888.535.3686 or reaching out online.
Special Education Rights
In 1975, the federal government enacted the Education for All Handicapped Children Act (EHA), guaranteeing a Free, Appropriate Education (FAPE) to each child with a disability across the country. In 1990, lawmakers changed the name of this landmark law to the Individuals with Disabilities Education Act (IDEA). Before lawmakers enacted EHA, many children with disabilities were denied access to education and opportunities to learn. By 1970, only 1 in 5 children with disabilities were educated in U.S. schools, and many states had laws excluding children with certain disabilities, including those with blindness, deafness, emotional disturbances, and intellectual disabilities. Since the passage of EHA, schools nationwide have made significant progress in developing and implementing effective programs and services for students with disabilities, such as early intervention, special education, and related services. Today, over 7.5 million children with disabilities receive special education and other related services designed to meet their individual needs. Other accomplishments of IDEA include educating more children in neighborhood schools rather than in separate institutions and contributing to improvements in the high school graduation rate, post-secondary school enrollment, and post-school employment for students with disabilities.
Under IDEA guidelines, school districts are required to identify and evaluate children suspected of having a disability. This requirement extends beyond the K-12 children in public schools. It also includes students who live in the school district but do not attend public schools, such as those in private schools. IDEA also requires schools to offer special education to children aged 3 to 21 with disabilities to help them learn and progress in school. This goes beyond just placing students in a special classroom all day. Federal law requires that children in special education learn in the same classrooms as other students as much as possible, a placement referred to as a "least restrictive environment," or LRE. To accomplish this, public schools must provide each student with disabilities with individually planned and systematically monitored teaching procedures, adapted equipment and materials, and accessible settings, as needed.
Individualized Education Programs for Special Education Students
To accomplish this, all K-12 students who qualify for special education receive an Individualized Education Program (sometimes called an Individualized Education Plan), or IEP. IEPs provide individualized learning and other resources at no cost to their families. Specialists develop these plans by working with each student's strengths and weaknesses to determine what each child needs to thrive in school. IEPs are essential to a special needs child's success in school.
ADA and Section 504 Plans for Special Education Students
The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 provide further protections to students with special needs by preventing any form of discrimination against those with disabilities. Section 504 applies specifically to entities that receive federal funding, while the ADA applies to every entity except churches and private clubs.
Section 504 further requires all schools, including public and private, that receive federal financial assistance for educational purposes to provide students with disabilities with reasonable accommodations comparable to their peers so they can “obtain the same result, to gain the same benefit, or to reach the same level of achievement,” as students without disabilities. As such, some students in special education may also qualify for a program referred to as a 504 Plan. These plans differ slightly from IEPs in that they help ensure that a child who has a disability identified by the law and is attending school elementary or secondary school receives accommodations to help ensure their academic success and access to learning.
While Section 504 does not provide for enforcement of this mandate, schools found to be out of compliance with Section 504 by the Office of Civil Rights may lose their federal funding.
Accommodations vs. Modifications for Special Education Students
IEPs and 504 Plans often involve “accommodations” and sometimes “modifications.” Accommodations are changes made to how a student learns, while modifications are changes teachers make to what they teach a student. For example, a teacher may provide a student with dyslexia the accommodation of listening to an audiobook version of the same book she assigns the rest of the class. Meanwhile, the teacher may provide another special education student with a modification, such as reading an easier book than the rest of the class.
Issues Facing Special Education Students
Federal law helps clear roadblocks for students in special education so they can progress and reach individualized goals. However, that doesn't mean some schools don't fail at providing these students with accommodations. When schools fail to take measures to ensure the success of students in special education, these students suffer. Your child deserves a free and appropriate education and accommodations or modifications provided for them so they can succeed. If your child's school isn't providing for your student and your student is falling behind academically, or the school is appropriately disciplining them, you need the support of a strong student defense team. Contact the Lento Law Firm today to begin fighting for your student's future.
Disability and Academic Progression Issues
When a special education student receives little or no assistance from teachers or instructors charged with educating them, the student will struggle academically. No student should face repeating a school year, having poor grades on their record, or other adverse consequences due to academic challenges when the school isn't meeting their needs. The Education Law Team at the Lento Law Firm will work to ensure your student receives a fair chance at academic success.
Disability and Student Disciplinary Issues
It's a tragedy we see too often—educators and administrators fail to grasp an understanding or compassion toward a student's behavioral disability. If your child suffers from emotional or psychological disabilities or takes medication that can cause them to act out, their behavior may be warranted. Federal law prohibits K-12 schools from punishing students based on the symptoms of their disability, and as such, students should not face disciplinary measures for their actions.
Special Education Issues Specific to IEP
Almost all special education students have specifically tailored Individualized Education Plans, or IEPs, to ensure their accessibility and success in school. Under IDEA, schools are required to identify students with disabilities, adopt and prepare an IEP for each student, and implement it to reasonably accommodate each child's disability. However, one misstep in this process can result in your child not getting the education services their school is required by federal law to deliver. Here are some issues specific to IEPs that may affect your child's progress:
Failure to identify disability: Prompt identification of a child's disability by school officials leads to better resource connection and academic progress. Yet, educators often miss disabilities affecting learning. The IDEA broadly defines student disabilities, and schools commonly overlook some special needs. Parents may need to be proactive by requesting evaluations and necessary services for their child. Parents and educators have the right and responsibility to request a comprehensive evaluation, either through a written letter to the principal or special education leader, or through a district-specific form.
- Failure to constitute an IEP team: Schools may fail to appoint a required member to the child's IEP team, such as a regular teacher, special education teacher, supervisor, or consultant. An IEP team without all required members may fail to determine the services your child needs to prosper in school.
- IEP Team's failure to meet as required: Once the IEP team develops a student's IEP, they must meet at least annually to review your child's progress on grade-level standards and whether their individualized plan needs updating. If the team fails to meet as required, your child could miss out on critical special education accommodations.
- Failure to adopt an IEP plan: Even with a detailed and updated plan, your student isn't getting the services they deserve if the school doesn't implement that plan.
- Failure to reasonably accommodate: Schools have a legal obligation to ensure that each student in special education classes receives the necessary accommodations to ensure their success. If your child's school isn't providing accommodations to your child, they are failing your child.
- Failure to conduct manifestation determination: When a child isn't receiving reasonable accommodations for their disability, they may misbehave and, as a result, face disciplinary actions. Before a school imposes sanctions on a special needs student for alleged misconduct, federal law requires them to conduct a manifestation determination. A manifestation determination is a meeting held to evaluate a student's misconduct to determine whether it is a manifestation of the child's disability. It is a violation of your child's rights if their school disciplines your student by handing down sanctions such as changing their courses, suspending or expelling them, or transferring them to an alternative school without first conducting a manifestation determination.
Sanctions Schools Impose on Special Education Students
Unfortunately, situations arise where school officials may impose disciplinary actions upon students with special needs when their disability adversely impacts their academic performance and social interactions. When schools fail to make appropriate accommodations for these disabilities, students can fall behind in their studies, struggle academically, face attendance issues, or exhibit disruptive behavior. School officials might level accusations of behavioral, academic, or even sexual misconduct against these students. Additionally, they might label the student as not making sufficient academic progress. These allegations can lead to various forms of punitive measures by the school, including:
- Removal of honors, service awards, and other recognitions that could be motivating factors for your child's educational success or necessary for future endeavors such as college admissions, vocational opportunities, internships, and jobs.
- Revocation of privileges related to school sports and co-curricular or extracurricular activities, such as participation in the band or clubs, which could significantly impact your student's physical, mental, and social growth.
- Reassignment of courses or teachers, resulting in academic changes that might negatively affect your student's motivation or divert them from their intended path after high school.
- School suspension, leading to the isolation of your child from peers, teachers, and supportive environments, with lessons conducted away from the school premises.
- Implementation of school expulsions, escalating a short-term suspension into a prolonged separation from the school community.
- Placement in alternative disciplinary settings, where your child is placed in an unstructured, part-time academic setting without the specialized educational support they require.
Why You Need an Attorney
Parents of special education students might feel they must handle disputes with school officials on their own when advocating for their child's legal rights. However, parents aren't always aware of the extent of their special needs child's legal rights and entitlements. They might also lack the necessary procedural experience to effectively assert these rights within academic and administrative contexts. In some cases, parents might seek the help of a local criminal defense attorney with limited or no familiarity with school-related proceedings.
If your child is facing disciplinary action or is not receiving the legally mandated special education services they deserve, you need an experienced legal team by your side. Reach out to the Education Law Team at the Lento Law Firm to safeguard your child's well-being and future.
Contact the National Special Education Lawyers at the Lento Law Firm Today
Federal law requires that every child with disabilities be granted access to special education services and receive necessary accommodations or adjustments to facilitate their educational advancement. Without the proper support from the school, your child's potential could remain unrealized, and they might face unnecessary disciplinary actions. Protect your child from unfair sanctions, including reassignment, suspension, expulsion, or placement in alternative schooling environments. Contact the Education Law Team at the Lento Law Firm at 888.535.3686 or online today, and let's discuss your case.
