Children with disabilities deserve educational rights. The Lento Law Firm is committed to making sure they get them.
If your child has a disability, the very first thing you need to know is that their rights are protected by two major federal laws: the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). If you live in the Detroit metro area, they are also protected by state law and Michigan Department of Education policies.
No one can take these rights away from you. However, there are plenty of educators out there—teachers, administrators, and support staff—who either don't know the law or are unwilling to follow it.
You don't have to accept inadequate resources or outright mistreatment. The law is on your side. Attorney Joseph D. Lento and his Education Law Team are too. They know your rights, and they have years of experience making sure school districts abide by the law. Whether you're trying to force your district to provide the accommodations your child deserves or you simply want to restructure your child's education support structure, Joseph D. Lento and his Team are here to help.
The Detroit-Warren-Dearborn Metro Area
With nearly five and a half million residents, the Detroit metro area is among the most populous regions of the US. It's also one of the largest in terms of space, stretching over almost 6,000 square miles. That includes more than 200 separate municipalities spread out over six separate counties:
- Wayne
- Oakland
- Macomb
- Livingston
- St. Clair
- Lapeer
As you might expect, then, the area has numerous school districts, including
- Detroit Public Schools Community District
- Dearborn City School District
- Plymouth-Canton Community Schools
- Livonia Public Schools School District
- Wayne-Westland Community School District
- Grosse Point Public Schools
- Northville Public Schools
- Woodhaven-Brownstone School District
- Taylor School District
- School District of the City of Wyandotte
- Van Buren Public Schools
- School District of the City of Lincoln Park
- Crestwood School District
- Southgate Community School District
- South Redford School District
- Allen Park Public Schools
- Gibraltar School District
- Garden City Public Schools
- School District of the City of Hamtramk
No two districts are alike when it comes to population, demographics, and policies. However, it's important to note that all of them are responsible for following federal and state laws as well as Michigan Department of Education guidelines when it comes to dealing with students with disabilities.
Likewise, you should know that wherever you live in the Detroit metro area, Joseph D. Lento and his EducationLaw Team can work with you to ensure your child is being treated fairly.
Colleges and Universities in the Detroit Metro Area
When it comes to disability rights and education, the law doesn't just cover K-12 students. The ADA, in particular, grants important rights to college students as well. Colleges and universities in the Detroit area include
- University of Michigan
- University of Michigan, Dearborn
- Wayne State University
- University of Detroit Mercy
- Henry Ford College
- Madonna University
If you attend one of these or other schools in the area, the Lento Law Firm can help you demand your rights too.
Keep in mind that universities have more leeway when it comes to providing disability services. Professors don't have to develop IEPs for their college students, for instance, the way K-12 teachers do. Nevertheless, post-secondary schools are covered under the ADA and must abide by fair admission standards and provide students with any accommodations and learning modifications they might need.
Understanding FAPE, IEPs, and Reasonable Accommodation
Just what does the law say when it comes to disability education rights? Let's start with federal law.
All children in the US have the right to a free public education. Further, the Bill of Rights requires that students be treated equally with regard to education. Put simply that means students with disabilities must have the same access to educational resources as any other students.
More specifically, the ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 were all passed in order to ensure that these equal rights apply to students with disabilities. All three include provisions that require public schools to provide disabled students with whatever support they might need to earn that education.
These laws don't just apply to physical disabilities but to a broad range of so-called “hidden” disabilities as well, such as dyslexia and other learning disabilities. Here's a list of all the conditions covered.
- 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
In addition, these laws make clear exactly what rights schools must grant disabled students. These rights include
- Free Appropriate Public Education (FAPE): Again, the idea that all children in the US deserve a free and appropriate education doesn't just apply to students with disabilities. It applies to all students, and it has specifically been used to guarantee that no public school or district can discriminate against a child who belongs to a protected class of individuals. When it comes to disability rights, though, FAPE requires schools to make accommodations for students and provide resources, even if that requires the district to spend money to do so.
- Individual Education Programs (IEP): IEPs are an important tool in making sure students with disabilities are actually getting a free and appropriate education. These are plans developed by the school, the parents, and the students themselves to guide a disabled child's education. Note that these are never meant to be permanent but should be modified and updated as necessary and that you, as a parent, have a right to be involved in that process.
- Reasonable Accommodations: This aspect of the law ensures that it is not the parents but rather the school district that must take measures to meet disabled students' needs. That said, the word “reasonable” means that districts do have the right to refuse to make modifications if those modifications would be unduly expensive or, in some other way, harm other students' education rights.
- Least Restrictive Environment (LRE): Finally, this aspect of the law requires that, to the extent possible disabled students be placed in mainstream classrooms. Again, the word “least” here offers school districts some room to maneuver. If, for instance, a district decides that a student might learn best in an alternative environment, it can recommend the student be placed in such an environment. The district must be able to prove, though, that this is the case, and your voice as a parent always matters in the decision-making process.
Taken together, these rights should provide disabled students with everything they need to receive a quality education. However, there are always schools and districts that don't take the law as seriously as they should. If that should happen to you, Joseph D. Lento and his Team are here to help. They can work with you to hold your school accountable, whether that means insisting on a revised IEP or demanding modifications to school buildings and classrooms.
Michigan Law and DOE Policies
The federal law lays the foundation for classroom rights for students with disabilities. Luckily, Michigan goes further in protecting those rights, both with state laws and Department of Education policies.
MARSE
The first law you should know if you're the parent of a Michigan student with disabilities is the Michigan Administrative Rules for Special Education or MARSE. Passed in 1976, one year after the passage of IDEA, it encodes many of the concepts included in IDEA and offers specific guidance for how those concepts should be implemented in Michigan schools.
Among its many provisions, MARSE
- Sets the definitions for disabilities and outlines the procedures for determining whether or not a student is disabled
- Sets a timeline requiring disability evaluations take place within ten days of a request
- Defines disability as emotional impairment and not just physical impairment
- Provides opportunities for children aged 0-5 years to receive special education services
- Gives parents the rights to an alternative disability assessment at public expense
Manifestation Determinations
Beyond their general rights to education, students with disabilities have special rights when it comes to educational discipline. The fact is that these students may have legitimate reasons for violating school disciplinary policies. At the same time, they can often be affected by disciplinary sanctions in more extreme ways than their non-disabled peers.
As a result, Michigan grants disabled students the right to a formal review before a school or district can implement any type of long-term sanction, such as suspension or expulsion. This process is known as a Manifest Determination Review, or MDR. MDRs are supposed to be conducted by a team of educators. Their purpose is to determine whether a discipline violation was caused by a student's disability. In addition, though, this team considers whether a discipline violation might have been caused by a failure on the part of the school itself to follow a student's IEP. That is, even if your child's disability didn't lead directly to their violation, the school might have caused the violation by failing to provide your child with the right sort of accommodations.
You cannot participate in a DMR directly. However, you can challenge an MDR decision. You can, for instance, ask for an Independent Education Evaluation (IEE)—basically a second opinion on the situation. You can ask the school board to order a reconsideration of the MDR decision. You can also request a formal appeal of the MDR decision.
Disciplinary sanctions, especially those that involve exclusion from class, can be devastating for a child and even cause serious disruptions in their learning. Joseph D. Lento and his Education Law Team have helped hundreds of students challenge MDR decisions. They know the process, and they know the best tactics for protecting your student's rights.
Information for University Students
University students don't have nearly the same benefits K-12 students do. In fact, IDEA doesn't apply to post-secondary education at all. If you're a college student, though, you should know that you do have important rights under both the ADA and Section 504 of the Rehabilitation Act of 1973.
- First and foremost, no college or university can exclude you purely on the basis of your disability.
- In addition, your school must provide you with appropriate support and appropriate accommodations, and they must do so at no cost to you. Importantly, this means professors must provide alternative test-taking and assignment procedures if you need them. In addition, the law applies not just to classroom instruction but to all aspects of campus life, including on-campus housing.
The law clearly states that you have a right to privacy. That is, your school cannot demand you disclose your disability. In contrast, an elementary or high school must test any student it believes might have a disability. That won't happen to you. By the same token, your school won't offer you any services or accommodations unless you make it aware of your disability.
If you've disclosed your disability and are meeting resistance from your professor or your school in terms of providing you with what you need to succeed, it's important you contact the Lento Law Firm immediately. Joseph D. Lento and his Education Law Team can make sure you get every right you deserve.
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, though Joseph D. Lento and his Team can be a big help. They 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 Law Offices of Joseph D. Lento can do for you and your child, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
