When your child has a disability, one of the challenges when navigating the educational system can be ensuring your child is treated as an individual and not as a disability. Two students diagnosed with the same disability may require different services, support, and accommodations. School districts, especially if overenrolled or understaffed, may not consider the whole child.
The United States gives all children the right to a free appropriate public education. For students with disabilities, even if they don't attend a public school, this right extends to the services, support, and accommodations they need to access and benefit from that education.
Even well-meaning school districts may not understand your child's individual needs or know current best practices. When you cannot come to an agreement with school staff, or when you have reason to believe they're not properly supporting your child or implementing their IEP, you have options to address the problem.
The Lento Law Firm works with families nationwide, from large urban schools to small rural enclaves. We help families find resolutions that keep the best interests of their child front and center.
The Cincinnati, OH-KY-IN Area
Home to the nation's oldest professional baseball team and the nation's greatest chili, the Cincinnati Tri-State Area has a population of 2.25 million people as of 2020. It is the largest metro region in Ohio and also includes the fifth-largest city in Kentucky.
Ohio
The following counties are part of the Tri-State area:
- Brown
- Butler
- Clermont
- Clinton
- Hamilton
- Warren
These counties account for about 75 percent of the region's population. Hamilton, home to Cincinnati, is the largest county in the region, with approximately 30 percent of the area's population. Depending on which organization is defining the area, Clinton County may be part of the region.
School districts in Ohio may cross county lines (and, in one case, state lines). Some of these districts may reside partially in the Cincinnati area and partially outside of it.
The Cincinnati region is home to dozen of K-12 school districts. The following K-12 public school districts fall within the area:
- Batavia Local School District
- Bethel-Tate Local Schools
- Blanchester Local School District
- Carlisle Local Schools
- Cincinnati Public Schools
- Clermont Northeastern Schools
- Clinton-Massie Local Schools
- Deer Park Community City School District
- East Clinton Local Schools
- Eastern Local Schools
- Edgewood City Schools
- Fairfield City School District
- Fairfield Local School District
- Fayetteville Perry Schools
- Felicity-Franklin Local School District
- Finneytown Local School District
- Forest Hills Local School District
- Franklin City Schools
- Georgetown Exempted Village Schools
- Goshen Local School District
- Greeneview Local School District
- Hamilton City Schools
- Indian Hill Exempted Village School District
- Kings Local School District
- Lakota Local School District (largest suburban)
- Lebanon City Schools
- Little Miami Local Schools
- Lockland School District
- Loveland City Schools
- Lynchburg-Clay Local School District
- Madeira City School District
- Madison Local School District
- Mariemont City School District
- Mason City School District
- Miami Trace Local School District
- Middletown City School District
- Milford Exempted Village School District
- Monroe Local Schools
- Mount Healthy City Schools
- New Miami School District
- New Richmond Exempted Village School District
- North College Hill City School District
- Northwest Local School District
- Norwood City School District
- Oak Hills Local School District
- Preble Shawnee Local Schools
- Princeton City School District
- Reading Community City School District
- Ripley Union Lewis Huntington School District
- Ross Local School District
- Southern Hills Career & Technical Center
- Southwest Local School District
- Springboro Community City School District
- St. Bernard-Elmwood Place City Schools
- Sycamore Community Schools
- Talawanda City School District
- Three Rivers Local School District
- Union County College Corner Joint School District
- Warren County Vocational School District
- Wayne Local School District
- West Clermont School District
- Western Brown Schools
- Williamsburg Local School District
- Wilmington City School District
- Winton Woods City Schools
- Wyoming City Schools
- Xenia Community Schools
Union County–College Corner Joint School District is unique in that it crosses not only county lines but also state lines. The district has different sections for students who reside and attend school in Indiana versus those who reside and attend school in Ohio.
School districts may also form partnerships, such as the Brown County Educational Services Center, for training and support. The Brown County ESC, for example, offers training and resources for special education.
State-Funded Schools
Ohio also has two state-funded schools. The Ohio School for the Deaf, located in Columbus, is the oldest continuously operating school for the deaf in the United States and is free to admitted students. If families believe their child would benefit from attendance, they can contact their local school district about admission.
The Ohio School for the Blind, also located in Columbus, has the distinction of being the nation's first publicly funded school to support individuals with visual impairments. The school's marching band also made history as the first blind marching band to participate in the Tournament of Roses Parade.
The school is free to families. For those interested in admission, they will need to contact their local school district. Ohio also has programs throughout the state for students with hearing and visual impairments.
Technical Programs
For students who plan to go into the workforce immediately after graduating from high school, the Cincinnati region has technical programs for high school students. As they are public schools, these schools will continue to support a student's IEP.
Warren County Vocational School District, is a collaboration of Franklin, Kings, Lebanon, Little Miami, Springboro, and Waynesville school districts. The district focuses on job training for both high school students and adults. As of 2023, the majority of the high school programs were at capacity. The district is unique in that students may attend classes at Warren County while continuing to participate in extracurriculars and other activities at their home school district.
Southern Hills Career and Technical Center is a similar program that also partners with local school districts, although admission is not limited to students from those districts. For students with IEPs, upon acceptance, they will meet with a coordinator to determine appropriate placement.
Programs such as Warren County and Southern Hills offer options beyond the traditional classroom experience for students. If you believe a program would benefit your student, you should contact your local school to see what programs and alternative education options your student may access.
Kentucky
Parts of Northern Kentucky are also included in the Cincinnati region. The two largest cities on the Kentucky side of the Ohio River are Covington and Florence.
The area includes the following counties in Kentucky:
- Boone
- Bracken
- Campbell
- Gallatin
- Grant
- Kenton
- Mason
- Pendleton
For statistical purposes, Mason County is sometimes part of the Maysville, KY Micropolitan Statistical Area.
In Kentucky, school districts either align with a county, in which case the county will be included in the name or on another geographic boundary. In the latter case, a district will have independent in its name.
The following K-12 public school districts are part of the Cincinnati region:
- Augusta Independent School District
- Beechwood Independent School District
- Bellevue Independent School District
- Boone County Public Schools
- Bracken County Public Schools
- Campbell County Public Schools
- Covington Independent School District
- Dayton Independent School District
- Erlanger-Elsmere Independent School District
- Fort Thomas Independent School District
- Gallatin County Public Schools
- Grant County Public Schools
- Kenton County Public Schools
- Ludlow Independent School District
- Newport Independent School District
- Pendleton County Public Schools
- Southgate Independent School District
- Williamstown Independent School District
Kentucky also has a School for the Blind, located in Louisville, and a School for the Deaf, located in Danville. These state-funded schools are free to families. In addition to the main campuses, both have statewide programs and resources.
Indiana
Except for Dearborn County, the Indiana counties that are part of the Tri-State area are smaller and more rural than other parts of the region.
The counties included in the region include:
- Dearborn
- Franklin
- Ohio
- Union
Located in the Southeastern portion of Indiana, some of these counties were originally part of Ohio before Indiana formally became a state. That close relationship continues to the present day, as seen by the Union County–College Corner Joint School District, which straddles the Ohio-Indiana state line.
The school districts that fall within the region include:
- Franklin County School Corporation
- Lawrenceburg Public School Corporation
- Rising Sun-Ohio County Schools
- South Dearborn Community Schools
- Sunman-Dearborn Community Schools
Franklin County also operates the Whitewater Technical Career Center. The center works with high school juniors and seniors from local high schools to prepare them for a career.
Colleges and Universities
The region is also home to dozens of colleges and universities. They range from community colleges to research universities classified as Public Ivies. These schools include:
- Art Academy of Cincinnati
- Cincinnati College of Mortuary Science
- Cincinnati State Technical and Community College
- Gateway Community and Technical College
- God's Bible School and College
- Hebrew Union College
- Ivy Tech Community College
- Maysville Community and Technical College
- Miami University
- Mount St. Joseph University
- Northern Kentucky University
- Purdue Extension, Ohio County
- Thomas More College
- Union Institute & University
- University of Cincinnati
- Xavier University
Regardless of the college or university a student attends, they should plan to meet with college personnel ahead of attending a school to discuss potential accommodations. Colleges and universities generally have fewer legal requirements for providing support for students with disabilities. Some federal laws only apply to K-12 students, and what services and support schools provide can differ.
Federal Law
Three federal laws form the foundation of disability rights in education. They are the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA).
Parts of the ADA and Section 504 apply to all Americans. IDEA only applies to K-12 students and, in some cases, to babies and toddlers.
State law cannot reduce federal requirements, but states may add additional rights and protections. School districts may also have policies or programs not required by federal or state law.
Key Terms
Families should be familiar with the following terms regarding disability rights in education.
All children have a right to a free appropriate public education (FAPE). For students with disabilities, FAPE means they also have access to the services, support, and accommodations they require to access and participate in that education.
When determining what is best for a student, one term that will likely be mentioned is Least Restrictive Environment (LRE). While LRE does focus on including students in general classrooms and the school community as much as possible, the focus should be on what's best for the individual student.
Schools must provide students with reasonable accommodations. This does not mean all possible accommodations. Determining reasonable accommodations will balance the student's needs against considerations such as cost or the burden an accommodation would place on other members of the school community. Accommodations should put a student on a similar footing to other students.
All K-12 students with disabilities will have an Individualized Education Program (IEP). IEPs are created during a meeting that includes families and members of the school staff. IEPs detail what services, support, and accommodations a student needs and how they will be implemented. An EP should also factor in a student's goals and, once a student is in high school, a transition plan.
IEPs should be revised annually but can be revised more often if the IEP is no longer supporting a student or if a student's needs change. Parents should also check that a school is implementing the IEP.
Dispute Resolution
IDEA requires that all states have a dispute resolution process for students with disabilities. The general recommendation is that families should first schedule an informal meeting with a school to discuss their concerns. If this meeting cannot reach a satisfactory conclusion, families should consider more formal avenues to address the issue.
States should have the following options available to families:
- Facilitated IEP Meeting
- Mediation
- Complaint
- Due process hearing
Which option is best for your student depends on your situation and the accompanying facts. An attorney-advisor can help you navigate this process and determine which option is best for your student. One consideration throughout the process should be focusing on the outcome that best supports your student and their education.
Enrollment Not Required
For K-12 students, enrollment at their local public school is not required to receive support and services from a school district. IDEA requires that school districts identify all children within their boundaries and provide services. This program is known as Child Find.
Child Find
Under the Child Find program, school districts must identify children who may have a disability. All school districts must have policies in place for identifying and evaluating these children. Without an evaluation or diagnosis, students and children will not qualify for services and support.
Child Find focuses on children between ages zero and three. Indiana's program is known as First Steps.
Once a student has a disability, school districts, sometimes in partnership with other local organizations and county offices, must provide support, accommodations, and services for children. Boone County, for example, has an Early Childhood Fund to support education and care for babies and toddlers, including developmental services.
Support for All Students
Students who are homeschooled or attend charter schools or private schools may receive support from their local public schools. School districts cannot deny support simply because a child is not enrolled in a public school.
Families should also be aware that charter and private schools, while they may have policies similar to public schools, are not required to follow federal law for some disability rights issues. A school may still be required to follow the ADA but not the IDEA, including the use of an IEP.
Protect Your Student's Right to an Education
All students have the right to an education. When a student is not receiving the support they need, they may have behavioral or disciplinary issues or fall behind in school. Addressing the problem and finding a solution is crucial for your child's education and future.
As nationwide attorney advisors, the Lento Law Firm has helped families of students with disabilities address these problems and find a solution. We can help families consider their options and pursue a choice that keeps the focus on their student and their student's right to an education. Contact us online or at 888-535-3686.
