If you're the parent of a child with disabilities, you know how hard it can sometimes be to get them the resources they need. As difficult as it is to believe, there are still people in this day and age who just don't understand that disabled persons don't just need accommodations; they deserve them. And even more people out there never bother to think about disability services at all.
The one place where your child should always have a level playing field is in school. Education is the foundation for a successful life, and all children deserve the very best possible education. The good news is that the federal government has worked hard over the last several decades to ensure students with disabilities get that level playing field. The Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) both contain important provisions that entitle disabled students to an education equal to that of their non-disabled peers. If you live in the Knoxville, TN area, your child is additionally protected by state law and Department of Education policies.
Of course, the law only works if people follow it. Most districts are responsive to the needs of disabled students, but there are those teachers and administrators out there who just don't make the effort they should to make learning accessible to everyone. When you run into them, you need to be prepared to fight for your child's rights. That fight starts with understanding those rights yourself. Below, you'll find important information on what rights your child has and where those rights come from.
Just as important, though, you need to know that you're not alone in this fight. The Lento Law Firm is dedicated to the principle that all children deserve a quality education. We also have the background, skills, and experience to protect students who are being treated unfairly. We know the law; we know the Tennessee education system; we know the Knoxville area.
Any time you suspect your child isn't getting the education they deserve, the education they have a right to, contact the Lento Law Firm immediately. Call
888-535-3686 or use our automated online form.
K-12 Education in the Knoxville, TN Area
With almost a million residents, Greater Knoxville is the third-largest metropolitan area in Tennessee. Centered in Knox County, where the city of Knoxville itself is located, the metro area sprawls over eight additional counties. Given its size, it's no surprise that Greater Knoxville contains numerous K-12 schools, including
- Adrian Burnett Elementary
- Ball Camp Elementary
- Bearden Elementary
- Blue Grass Elementary
- Carter Elementary
- Dogwood Elementary
- Gibbs Elementary
- Karns Elementary
- Mount Olive Elementary
- Powell Elementary
- South Knoxville Elementary
- Spring Hill Elementary
- West Haven Elementary
- Cedar Bluff Middle
- Farragut Middle
- Halls Middle
- Holston Middle
- Northwest Middle
- Powell Middle
- South-Doyle Middle
- Whittle Springs Middle
- Central High
- Fulton High
- West High
Every school is different. Gibbs Elementary doesn't work like West High. Farragut Middle has a very different atmosphere from Hall Middle. One thing they all have in common, though, is that they are subject to federal and state disability laws. There is no excuse for a district, a school, or an individual not to follow these laws.
Another important thing these schools have in common, though? The Lento Law Firm works with all of them. If you need someone in your corner to help you get your child the fair treatment they deserve, we're just a phone call away at 888-535-3686.
Colleges and Universities in the Greater Knoxville Area
K-12 education is a right. As a result, elementary, middle, and high school students with disabilities enjoy special privileges under the law. Every disabled student must have an Individual Education Plan (IEP), for example. And districts must undertake “Functional Behavioral Assessments” before imposing discipline on disabled students.
Colleges and universities aren't obligated to go to such lengths to protect their disabled students. Nevertheless, they are required to treat all students fairly, including students with disabilities. The ADA, for instance, bars institutions of higher education from discriminating against disabled students in their admissions policies. In addition, students with disabilities are entitled to any classroom accommodations they may need to get an equal education.
The colleges and universities in the Greater Knoxville area include
- University of Tennessee
- Maryville College
- Carson-Newman College
As with K-12 Knoxville schools, the Lento Law Firm works with students at all these institutions to make sure they're being treated fairly and that they have every possible chance to earn their degrees.
The Fundamental Right to Education
If you want to protect your child, it's important you know their rights. Those rights begin at the federal level.
First and foremost, you need to understand that all children in the US are guaranteed the right to a public education. That right originates in the Constitution and is further supported in the Bill of Rights and other important Constitutional amendments. And it applies to every child, regardless of race, religion, sexual orientation, gender, or disability. It cannot be emphasized enough: no child can be denied a K-12 education for any reason. Period.
The ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 specifically address how this right to an education applies to disabled children. These laws require that school districts not simply offer disabled students an education but provide them with the materials and services they need to get an education equal to the education non-disabled children receive.
In addition, these laws don't just protect children with certain disabilities. In fact, the federal list of covered disabilities includes
- Autism
- Deaf-blindness
- Deafness
- Developmental delay
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (OHI)
- Preschool severe delay
- Specific learning disability (SLD)
- Speech or language impairment (SLI)
- Traumatic brain injury (TBI)
- Visual impairment
Most of us recognize the necessity for schools to provide physically disabled students with resources like wheelchair ramps, elevators, braille textbooks, and sign language interpreters. As this list suggests, though, students with so-called “hidden” disabilities, such as learning disabilities, have the same rights. School districts must provide students with technology if they need it. Teachers must make accommodations like giving students who need it extra time to complete assignments.
No matter what your child's specific disability, they have rights under the law. The Lento Law Firm exists to help make sure they get those rights.
The Principles Within the Law
Over time, a number of key educational principles have evolved out of federal law that help further define your child's protections.
- Free Appropriate Public Education (FAPE): The Constitutional right of all children to a public education has been further defined, over time, as the right to a “Free Appropriate Public Education” (FAPE). For students with disabilities, the keyword in this phrase is “appropriate.” It mandates that education must be tailored to meet the needs of individual students. Students with disabilities have special needs, and classroom instruction must adapt to meet those needs as necessary.
- Reasonable Accommodations: FAPE is further developed through the concept of “reasonable accommodations.” Again, disabled students often have special needs, and the district must make “reasonable accommodations” to meet those needs and ensure students are getting an “appropriate” education. If a student needs a sign language interpreter, the district must provide one. If a student needs special technology to help them process their assignment, the district must provide this technology. Importantly, FAPE further ensures that these accommodations must be “free” to the student.
- Individual Education Programs (IEP): Individual Education Programs, or IEPs, were developed as a tool to ensure districts don't just provide accommodations but that they provide the right sorts of accommodations. Your school is required to work with you and your child to develop an educational plan that is designed to meet their specific needs. An IEP should outline your child's education goals as well as describe the means of reaching those goals. Keep in mind that you always have the right to participate in developing this plan and to suggest modifications to it.
- Least Restrictive Environment (LRE): One of the most recent developments in disability education is the concept of “Least Restrictive Environment,” or LRE. Basically, this principle ensures that disabled students are kept in mainstream classrooms with their peers. Except in extraordinary circumstances, a district cannot move a disabled child to a separate classroom, place them in an alternative school, or require they be home-schooled. Students with disabilities are entitled to be in the best possible educational “environment.”
You might reasonably ask yourself at this point: if so many laws and educational principles exist to protect your child, why do you need to worry so much about their education? The fact is, not everyone follows the law. Districts will sometimes drag their feet rather than spend the money to purchase necessary learning technology. Individual teachers will sometimes balk at giving students “special treatment” like the opportunity to use a calculator on a math test, even if that treatment is necessary to ensure your child has a fair chance to learn.
If you encounter resistance, it's important you contact the Lento Law Firm immediately. The longer you wait, the more chance there is for your child to fall behind. We can make sure your district understands its obligations and, if necessary, we'll fight to make them fulfill those obligations.
Tennessee Law and Department of Education Policy
Your child's fundamental rights to an education derive from federal law. However, Tennessee law works to ensure federal law is properly implemented at the district level.
For example,
- State law further defines each disability category to help educators better identify who qualifies for disability services.
- State law mandates that disability rights apply to children in charter schools just as they do to students in other public schools.
- State law requires districts publicize their disability services so all families know their rights.
Additionally, the Tennessee Department of Education handles day-to-day issues involving disability rights. The Office of Special Education within the Department offers guidance on evaluating students for disabilities, provides training for teachers and administrators, and offers resources on dealing with behavioral issues.
Functional Behavioral Assessments
There is one aspect of disability education that deserves special attention: discipline.
In general, discipline is a sensitive topic in education. Many types of punishment, especially so-called “exclusionary” punishments, have come under fire in recent decades. Exclusionary discipline involves removing students from the classroom, as in the case of suspension, expulsion, or assignment to alternative schools. Educational principles like FAPE and LRE discourage the use of such tactics. Further, studies have consistently shown that students who are subject to removal from the classroom suffer both educationally and emotionally.
Students with disabilities are especially vulnerable to the negative impact of such discipline as many of them already suffer feelings of exclusion as a result of their disability.
As a result, the Department of Education mandates the use of “Functional Behavioral Assessments” (FBAs) any time a disabled student is facing disciplinary action. An FBA evaluates the causes and motivations of a student's misconduct. This evaluation is meant to determine whether a student's behavior might be the result of their disability and whether the behavior might have been prevented by proper implementation of their IEP.
Your child should never be disciplined as a result of their disability. They should never be removed from the classroom for their behavior. The Lento Law Firm understands your child's unique situation. Any time you feel they are being mistreated, we are ready to step in and assert your child's rights.
Protect Your Student's Right to an Education
Disability law can be complicated, particularly when it's applied to education. As a result, it's not unusual to come into contact with educators, even seasoned educators, who either don't know the law or don't know how to implement it properly. This doesn't necessarily mean they don't want to help. They may genuinely have your and your child's best interests at heart but still get things wrong.
In those situations, the Lento Law Firm be a tremendous help. The attorneys at the Lento Law Firm know the law, and they know how to help others better understand the law. They know how to talk with school officials and work out resolutions. They also know how to be tough when they must and how to fight to ensure your child is treated fairly and given every chance to succeed.
To find out more about what the Lento Law Firm's Education Law Team can do for you and your family, contact us today at 888-535-3686 or use our automated online form.
