As the parent of a disabled child, you know how hard it can sometimes be to get them the resources and services they need. They absolutely deserve those resources and services, but too many people in the world just don't understand that and put up roadblocks.
The one place where you should never have to deal with such roadblocks is your child's school. All children deserve a quality education, an education that gives them the foundation for a successful life.
The good news is that the law recognizes just how important education is and that students with disabilities should have the same rights to a quality education as every other child in this country. Two important pieces of federal legislation, the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA), contain important provisions that require school districts to create level playing fields for their disabled students. If you live in the El Paso metro area, Texas state law and Texas Education Agency (TEA) policy both give your child additional rights in the classroom.
Of course, for these laws and policies to work, educators have to follow them. Not all do. There are some districts out there that would rather save a buck than spend the money to purchase technology and materials that students with disabilities need. More commonly, though, teachers and administrators simply don't know how to teach to children with disabilities. So they don't do it, or they don't do it effectively. What do you do when you run into them?
You can contact the Lento Law Firm at 888-535-3686 or online. The attorneys at the Lento Law Firm understand the law, and they know how to use it to your advantage. They're also familiar with the Texas and El Paso educational systems and can help you navigate the bureaucracy and cut through red tape. If you don't feel your child is getting everything they need and deserve from their school district, don't wait. Contact the Lento Law Firm today, at 888-535-3686 to find out what we can do to help.
K-12 Education in the El Paso Area
The El Paso, Texas, metro area is home to a number of elementary, middle, and high schools. These include
- Aoy Elementary
- Barron Elementary
- Clendenin Elementary
- Crockett Elementary
- Green Elementary
- Hawkins Elementary
- Logan Elementary
- Milam Elementary
- Nixon Elementary
- Powell Elementary
- Tippin Elementary
- Whitaker Elementary
- Brown Middle
- Canyon Hills Middle
- Hornedo Middle
- Magoffin Middle
- Richardson Middle
- Telles/ Lafarelle Middle
- Wiggs Middle
- Andress High
- Austin High
- Bowie High
- Burges High
- Chapin High
- Coronado High
- El Paso High
- Franklin High
- Irvin High
- Jefferson High
No two schools are alike, of course. That's especially true in an area as diverse as El Paso. Demographics, income brackets, and the temperament of the faculty can all have a significant effect on a given school's educational philosophy. One thing all El Paso schools have in common, though, is that they are all required to follow state and federal laws regarding students with disabilities.
Another thing all these schools have in common? The attorneys at the Lento Law Firm work with students who attend all of them. Whether your child is enrolled at Milam Elementary or Irvin High, the Lento Law Firm is here for you. And we're always just a phone call away at 888-535-3686.
Colleges and Universities in the El Paso, TX Area
If your child has a disability, their educational needs don't necessarily end when they graduate high school. Neither do their rights. College students aren't entitled to all the same conditions as K-12 students. Professors don't have to create IEPs (Individual Educational Programs), for instance, and schools don't have to perform MDRs (Manifest Determination Reviews) before disciplining students. However, schools are prohibited from discriminating against students with disabilities, and professors are required to give students any necessary classroom accommodations.
In addition to its many K-12 schools, the El Paso Metro area is home to a number of colleges and universities, and the Lento Law Firm works with students at all of them.
- University of Texas at El Paso
- Texas Tech Health Sciences Center-El Paso
- New Mexico State University
The attorneys at the Lento Law Firm aren't just here to protect K-12 students rights. They are committed to making sure all students—including college and university students—are treated fairly. We've helped hundreds of students succeed, and we can help your child to do the same.
The Fundamental Right to Education
Your child's educational rights are rooted in the US Constitution and its various amendments. As a society, we have agreed that education should be a fundamental right of all children. The Constitution guarantees that if a state provides a service, like education, it must provide that service to all persons equally, regardless of race, gender, religion, ethnicity, sexual orientation, ancestry, or disability status. This means your school district must educate your child, and they must give them an education that is equal to that of their non-disabled peers.
There are additional laws that specifically address disabled students' access to education, including the ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973. These laws not only secure the rights of disabled persons to education but outline in concrete terms how states and school districts are to go about addressing the educational needs of students with disabilities.
You should also know that these federal laws protect all students with disabilities regardless of the specific nature of the disability. You probably know that government buildings must be accessible to those with physical disabilities. You're used to seeing wheelchair ramps, and you've pushed those red buttons that open doors automatically. “Hidden” disabilities are protected as well, though. Even if your child's disability may not be readily apparent, they're still entitled to whatever resources they need to help them succeed.
The full list of federally recognized 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
Beyond installing ramps and elevators, schools are obligated to make any accommodations a disabled student needs to receive an equal education. That can include anything from a sign language interpreter, to special technologies, to a modified curriculum. Don't allow your district to discriminate against your child just because their disability might be hidden. The Lento Law Firm can help make sure that your child has access to everything they need to succeed academically.
The Principles Within the Law
Federal law is the foundation for educational disability rights, but educational philosophy has evolved over the last fifty years to further address the educational needs of students with disabilities. A number of educational principles protect your child.
- Free Appropriate Public Education (FAPE): The right to an education, enshrined in the Constitution, has developed into the right to a “Free Appropriate Public Education.” That is, educators not only believe that all persons under the age of 18 deserve an education. They further argue that education must be free, and—importantly—it must be appropriate to the situation of the individual child.
- Reasonable Accommodations: This principle further develops the “appropriate” part of FAPE. It requires schools and districts to make any necessary changes to ensure individuals are receiving an equal education. Those changes can be physical, they can involve purchasing technologies or personnel, or they can be as simple as allowing students more time to complete their work. Whatever your child needs to succeed in the classroom, your district must provide it, and they must provide it at no cost to you.
- Individual Education Programs (IEP): Individual Education Programs (IEPs) are a tool used to ensure that schools and districts provide disabled students with the appropriate accommodations. An IEP is a plan that describes your child's education goals and explains what faculty and administration will do to ensure they reach those goals. A team of educators should create and monitor your child's IEP, but you and your child always have the right to be involved in the process.
- Least Restrictive Environment (LRE): Educators have come to understand in recent years that students learn best when they are placed in the Least Restrictive Environment (LRE). This principle ensures that, except in extraordinary circumstances, students with disabilities are allowed to remain in mainstream classrooms with their peers. It further ensures that you always have the right to challenge any attempt your district makes to move your child to an alternative school or to require you to homeschool them.
These education principles work in conjunction with federal law to protect your child and their right to an equal education. Again, though, these protections are only as effective as the people who are responsible for implementing them. If your district refuses to purchase the appropriate technology your child needs or one of their instructors refuses to make necessary curriculum modifications, you have the right—the obligation—to fight for them.
It's no easy matter, though, taking on a school district. They're powerful government institutions, and many of them have lawyers on staff. Who's on your side, looking out for your family's interests? The attorneys at the Lento Law Firm. We're here to remind your district—gently or otherwise—of its responsibilities and to make sure it lives up to them.
Texas Law and Texas Education Agency Policies
Federal law provides your child with all they should need to get a quality education. However, Texas state law further defines their rights and describes how the state's Education Agency will meet their individual needs. It can be another important tool in battling your district.
For instance, Texas SB1153 mandates that districts provide materials to all parents explaining what rights students with disabilities have and detailing all the various services it has in place to help them thrive.
Beyond the law, the TEA's Office of Special Education provides numerous resources aimed at improving education for disabled students. For example, it offers parents the information they need to help make the best possible decisions for their children. In addition, it conducts regular professional development seminars and posts training videos on its website to help teachers better reach students with disabilities. There's simply no excuse for a teacher, a school, or a district to deny your child what they need.
Manifest Determinations
The law is designed to provide disabled students with positive opportunities to learn. It's also set up, though, to ensure that they aren't mistreated in any way.
Over the last several years, educators have begun to reevaluate school discipline, particularly disciplinary practices that involve excluding children from classrooms. Studies have consistently shown that students who are suspended, expelled, placed in alternative schools, or in any other way removed from mainstream classrooms suffer, not only educationally but psychologically and emotionally. This has helped to develop the notion that LREs are the best possible educational situations and has led more and more districts to outlaw exclusionary discipline. It is worth noting that the El Paso district continues to operate several alternative schools.
Students with disabilities are particularly susceptible to the negative effects of exclusionary discipline. Often, they already suffer feelings of exclusion as a result of their disabilities, and exclusionary discipline can exacerbate those feelings. As a result, Texas law includes important provisions designed to shield them as much as possible from this type of punishment.
Any time your child's school accuses them of misconduct, it must conduct a (MDR) before issuing a sanction. In simple terms, a group of educators must evaluate the nature of the misconduct and consider the best possible disciplinary action. As a starting point, they must be certain that the alleged misconduct isn't simply a consequence of your child's disability. They must further determine whether the misconduct could have been prevented through proper implementation of your child's IEP. Finally, they must decide on the appropriate punishment if one is called for.
The attorneys at the Lento Law Firm can be proactive in helping your child get the resources they need. We can also step in any time you're concerned they might be mistreated. No child deserves to be punished because of their disability. We'll make sure they aren't.
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 will 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.
