The promise of quality and equitable access, even for the most vulnerable, is the cornerstone of education in America. In fact, US federal law has created protections for students of all ages—from elementary through college—who have permanent or temporary disabilities. The Americans with Disabilities Act (ADA) prohibits discrimination based on disability and is far-reaching, including basic rights to considerations of access, including parking and service animals. The Individuals with Disabilities Education Act (IDEA) ensures students with a disability are provided with a Free, Appropriate Public Education that is tailored to their individual needs. And the Rehabilitation Act of 1973 protects participants in federally funded programs from discrimination on the basis of disabilities. Some states go beyond federal protections and offer additional support.
By law, students at elementary and secondary schools as well as colleges across the country, along with their families, are entitled to clear communication and timely accommodation from school districts and individual colleges and universities. This is true of the country's oldest communities as well as its burgeoning population centers.
Pacific Northwest Communities
The Pacific Northwest has seen population growth at double the rate of the national average. The community of Portland-Vancouver-Hillsboro, OR-WA metro area, which spans the states of Oregon and Washington, has seen especially high growth, with a current population of over 2.5 million.
Simply put, education matters in this region. A large percentage of that population (93%) has a high school degree, with 42% of the population holding a Bachelor's degree, a statistic that puts the region over 20% above the national average. This is a community that prioritizes access to quality education.
Portland, Oregon K-12 Education
Portland, Oregon, is a thriving city with many excellent public schools for students from kindergarten to high school. The city's seven school districts, Beaverton, Parkrose, Lake Oswego, David Douglas, Centennial, Tigard-Tualatin, Reynolds, Riverdale, and Portland Public, include some of the state's highest-ranked elementary, middle, and high schools. These schools are held to federal and Oregon state standards for disabled students.
Vancouver, Washington K-12 Education
Situated on the northern shore of the Columbia River, Vancouver, Washington, is home to Vancouver Public Schools, a district that includes 21 elementary schools, six middle schools, and five high schools, as well as two prep schools that serve students from ninth to 12th grade. These schools are held to federal and Washington state standards for disabled students.
Hillsboro, Oregon K-12 Education
A smaller city, Hillsboro, Oregon, is home to many companies connected with the tech industry. The Hillsboro School District in Hillsboro, Oregon, includes 27 elementary schools, four middle schools, four high schools, as well as two multi-level schools. These schools are held to federal and Oregon state standards for disabled students.
Portland, Vancouver & Hillsboro Colleges and Universities
A number of private and public colleges draw students from across the country and around the world to the region. These include Lewis & Clark College, Reed, Portland State University, Pacific University--Forest Grove Campus, Multnomah University, and the University of Portland. Just as the area attracts professionals and families, it also brings in college students.
Institutions of higher learning are required to adhere to federal and state laws regarding disabilities. While some protections end as a student graduates from high school (IDEA, for example), and colleges and universities do not use IEPs, the institutions of higher learning can still provide support. Importantly, parents do not have a legal role in their child's education after the child turns 18.
FAPE, IEPs, Manifestation Determination & Reasonable Accommodations
The ADA and IDEA, as well as Section 504 of the Rehabilitation Act of 1973, require schools—including K-12 schools and colleges—to provide support and offer resources to students with temporary or permanent disabilities so that they can participate in and complete their education.
Free Appropriate Public Education (FAPE)
Under FAPE, all children in the US have a right to a free education. Schools are required to find ways to provide this to all students, including those with disabilities. That means that they may be required to provide additional programs or services to students free of charge to families.
Individualized Education Programs (IEPs)
IEPs are plans developed in collaboration with schools, parents, and, when possible, the student. Together, the team of stakeholders designs a guide for student success. This will include the resources the student may need. The plan is typically reviewed and approved annually to address the student's evolving needs.
Manifestation Determination
Sometimes, when behavioral issues arise at school, a student's family may be invited to discuss that issue and the path forward. Parents and school staff come together for a “manifestation determination” meeting to discuss the student and answer two key questions:
- Was the behavior caused by or has a direct and substantial relationship to the child's disability?
- Was the behavior the direct result of the school's failure to implement the child's IEP?
If the answer to either question is yes, then the behavior is considered a result of the child's disability.
Reasonable Accommodations
It is the responsibility of schools to must make adjustments that allow students with temporary or permanent disabilities to enjoy the same level of education as those without disabilities. But this isn't without restrictions. Schools are within their rights to take into consideration the cost and use of the accommodations they provide and judge whether those seem “reasonable.”
Least Restrictive Environment (LRE)
The goal of the LRE determination is to integrate students with disabilities as much as possible with the general school population. School districts make the determination. Students can be provided with assistance in the form of aides or other accommodations and learn side-by-side with other students of their age group or ability.
All of these programs aim to provide equitable access to learning while aiding and supporting students with disabilities. Failure to provide these protections goes against the spirit and the letter of the laws.
Bullying and Legal Rights
Schools from elementary school through college are now confronting issues of bullying and acknowledging their impact on equitable access to education. In the state of Washington and Oregon, schools offer training for their staff to help them identify the evolving forms of bullying and intimidation. Beyond awareness and public relations campaigns, anti-bullying movements have reached state legislatures and have secured protections that are written into law.
The Oregon Department of Education, under statute 581-02202310, requires school district boards to adopt policies and each school to implement programs that assure “equity, opportunity, and access for all students.” Included in this policy is the prohibition of harassment—including cyberbullying—and intimidation.
The Washington State Legislature has similarly tackled issues of bullying in education. Among the protections it provides for students of the state is a measure to hold school districts to the standards prohibiting harassment, intimidation, bullying, and discrimination.
Oregon Law
Oregon has strong disability laws whether you're in Portland, Hillsboro, or another county. In fact, the state is supportive of families with children with disabilities, including offering a tax exemption for state residents. According to code659A.103, Oregon public policy guarantees people “the fullest possible participation in the social and economic life of the state.” This extends beyond workplace accommodations to public spaces, including parks and resorts.
Oregon Department of Education Legal Challenges
Despite strong laws to protect the rights of disabled students, Oregon still sees abuses. The Oregon Department of Education has recently been embroiled in a highly unfavorable case before a US District court in the state, claiming that a large number of school districts across the state deny their students with disabilities the right to a full day of education. In this case, students with disabilities such as communication impairment and autism received as little as 10 or even five hours a week of instruction. This is a violation of protections to provide equal education access to students regardless of their disabled status. The case shines a light on abuses that can have a long-reaching impact on students.
In Oregon, the report states, schools often limited instruction time to the most challenging cases, though the abuses were widespread. The schools reduced attention to these cases rather than increasing it as the law would have them do.
According to the report, more than 1,000 students faced shortened school schedules during the 2018-2019 school year. These abuses happened statewide, with 75% of the state's school districts reporting using reduced schedules for such students.
If your child is a student in Portland or Hillsboro, Oregon, or another district in the state, and you believe that your child or family would benefit from legal services. Or if you encounter resistance or refusal from your local school district or college, and you need to hire qualified legal counsel, you should contact the experienced Education Law Team at the Lento Law Firm.
Washington Law
The state of Washington ensures reasonable accommodation in institutions of learning and promises to provide services that ensure equal access to education as dictated by national mandates. In an effort to raise awareness even among the youngest of the state's students, Washington declared October Disability History Month in an effort to reduce harassment and bullying.
But the state is also interested in protecting its college students. Washington passed 28B.10.910, which aims to facilitate college attendance for students with disabilities. The law offers support services for students “who are able to attend college by virtue of their potential and desire, but whose educational progress and success is hampered by a lack of accommodation.
Washington Department of Education Legal Challenges
The state of Washington has recently been found lacking—and liable—in its treatment of students with learning challenges. A judge recently ruled that the state violated the Individuals with Disability Education Act by failing to provide “free and appropriate education” to a seventh-grade student with autism, ADHD, and learning disabilities. The law requires that students must be offered their free and appropriate education in the “least restrictive environment” until the age of 21.
In this case, the school was found to have failed to perform regular check-ins or evaluations and did not offer adequate support for a middle school student. The school also failed this student by not keeping accurate records, progress reports, or other critical documentation that would have made the student eligible for free, appropriate education. According to the parents of the student, the student lost not just educational opportunities but lost self-esteem and motivation. The child's family was awarded $160,000 for the school's failings.
If your child is a student in Vancouver, Washington, or another district in the state, and you believe that your child or family would benefit from legal services. Or if you encounter resistance or refusal from your local school district or college, and you need to hire qualified legal counsel, you should contact the experienced Education Law Team at the Lento Law Firm.
Education is a Right Worth Defending
Students across America, including in the Portland, Vancouver, and Hillsboro area, are entitled to free, appropriate public education. Those are rights that have been identified by our legal system for decades. Federal law, as well as Oregon and Washington state law, protects these rights. If a school district does not fulfill its duty to support your child, you have the legal right to fight for those accommodations.
The Lento Law Firm is a premier National Education Law firm serving students with disabilities. They are committed and experienced advocates who will protect your student's rights, whether that student is early in their school career or a college student.
The Lento Law Firm's premier Education Law Team and national education attorney advisor Joseph D. Lento can help your student with their school challenges. Their years of nationwide experience set them apart. Call 888.535.3686 or go online now for skilled and experienced attorney advisor defense in Portland, Vancouver, and Hillsboro.
