Across Colorado and in the Denver area, students with disabilities deserve and are entitled to access high-quality, public education. In many circumstances, federal and state laws protect these students and their access to an education.
Unfortunately, parents and students in Denver and surrounding communities such as Arvada, Aurora, Centennial, Lakewood, Thornton, and Westminster may face obstacles to accessing required special education services. Whether unable or unwilling, too many schools fail to meet the needs of students with disabilities. No teacher, school, or district has the right to subvert a child's access to legally required educational support, services, and accommodations.
At the Lento Law Firm, we advocate for the educational needs of our clients. If your child is an elementary or secondary school student who needs special education services, we can help. Let us provide the legal, regulatory, and litigation experience needed to protect your students' rights.
Our experienced Education Law Team will advocate in the best interests of your student and their education, allowing you to concentrate on your child. Call the Lento Law Firm Team at 888-535-3686 or complete a confidential online form to discuss your case.
Denver Public Schools, Aurora Public Schools, Jefferson County R-1 District, and Others Must Provide Special Education Services
Federal and state laws require that Denver-area schoolsprovide students with disabilities with appropriate educational services.
Americans with Disabilities Act (ADA)
The ADA requires that schools make reasonable accommodations to allow students with disabilities to access their schools' programs, services, and facilities.
Individuals with Disabilities Act (IDEA)
The IDEA requires that children with disabilities receive free, appropriate public education. Qualifying students are entitled to an individualized education plan, also called an IEP. Schools are required to implement the IEP to address your student's unique needs.
Colorado's Exceptional Children Educational Act (ECEA)
The ECEA expands the protection of the federal IDEA and provides additional details and definitions on when a child in Colorado should be afforded special education services.
Rehabilitation Act of 1973, Section 504
Although a student's disabilities may not qualify for protection under the IDEA or ECEA, a school may still need to provide services under Section 504 of the Rehabilitation Act of 1973. A “504 plan” may be a method of addressing a student's undiagnosed disability or conditions that fall outside the scope of the IDEA and ECEA.
Students Too Often Experience Challenges in Receiving Special Education Resources
It can be isolating and frustrating to learn that your local school and school district are not providing the support and accommodations your child needs. Too often, students who require accommodation are left without legally required support and unable to access educational resources. Many schools and school districts provide inadequate support to students with disabilities by:
- Failing to provide ramps, elevators, railings, appropriate restrooms, or other reasonable facility accommodations required by students with disabilities.
- Allowing teachers and other staff to disregard the reasonable needs of students with disabilities.
- Failing to protect students with disabilities from bullying or other hostile actions by peers, teachers, or staff.
- Failing to properly develop, implement, or comply with a student's IEP.
- Imposing inappropriate academic, instructional, or behavioral objectives on a student.
- Sanctioning students improperly and without considering the school's IEP obligations.
When you send your child to school, you trust that administrators, teachers, and staff want what is best for them. Even the most attentive teachers and administrators in the best schools may fail to understand their obligations to your student. Unfortunately, children with disabilities and special education needs receive inadequate support and are scapegoated for their failure to thrive.
Let the Lento Law Firm Help
If you are a parent in the Denver area and you are concerned that your child is not receiving the education they deserve, let the Lento Law Firm help. Our experienced attorneys can develop and execute a comprehensive educational strategy to support your child, including:
- Reviewing your child's school, health, diagnosis, and assessment records to understand their special education needs.
- Documenting any new, developing, or mitigating factors about which school administrators and teachers should know.
- Analyzing the school's IEP protocols to ensure your child's program was properly created and thoroughly implemented.
- Determining if your student's rights are properly protected at school and during any disciplinary processes.
- Preparing you and your child for any conferences with school or district officials regarding your child's IEP.
- Pursuing additional opportunities to negotiate with school district decision-makers and their general counsel to ensure your child's federal and state educational rights are protected.
- Demonstrating a willingness to litigate against the school district, if necessary, to protect your child.
We want what is best for your child, and we believe their school should too. Often, special education services can be implemented without adversarial litigation. However, for families that have exhausted cooperative conferences and students in dire need of educational services, a lawsuit may be necessary. The threat of litigation can be a critical tool to demonstrate that the improper and illegal treatment of your child will not be tolerated.
The Lento Law Firm Education Law Team is ready to fight inside and outside the courthouse to defend your child's rights.
At the Lento Law Firm, Your Student is Our Priority
As a parent, you want your child to grow and thrive. Your priority is creating an environment in which they can learn. You built a life in the Denver area, knowing that an education would be the foundation for your future.
Now, you need to protect your child and their education. You need to hold your school district and school accountable for failing to provide the education your child needs and deserves. The Lento Law Firm is the single-minded advocate you need when addressing special education needs or the treatment of any child with a disability.
Let our national Education Law Team fight in your corner. Call the Lento Law Firm at 888-535-3686 or contact us online to discuss your case.