The Madison, Wisconsin, Metropolitan Statistical Area is one of the nation's bright spots when it comes to education. But as many outstanding schools as students may find in and around Madison, from the lowest grade school levels right into the colleges and universities, students with disabilities still find challenges getting the accommodations and services that federal and state laws require. If you are attending a Madison area college or university with which you are fighting for disability accommodations, or you have a child attending a Madison area K-12 school that is not providing your special needs child with appropriate services, the Lento Law Firm's premier Student Defense Team stands ready to help you enforce those disability rights. Call 888.535.3686 now or use our contact form to tell us about your case and get our highly qualified representation in the Madison, Wisconsin, area.
Madison, Wisconsin Area Demographics
The Madison, Wisconsin, metropolitan area is in the state's south-central region, due west of Milwaukee. With a total population of nearly 700,000, the Madison metropolitan area is the second-largest metropolitan area in Wisconsin after the Milwaukee area. Madison is also, of course, the state's capital. Madison sustains a relatively youthful population, a full two years below the national median age, likely because of its substantial university population. Madison also hosts a relatively richer population, with per capita income fully 20% above the national median and household income more than 10% above the national rate. Poverty is thus lower in the area, although housing costs are higher, making affordable housing a regional issue. Madison's population is also substantially more transient or mobile than the national average, and high school and college graduation rates are significantly higher than the national average, again likely because of the university's influence. Madison is a good place to live. Don't let education disability disputes spoil it. Get our help.
The Madison, Wisconsin Area
The Madison, Wisconsin, metropolitan area includes Columbia County, Dane County, Green County, and Iowa County. Census officials add Rock County with Janesville and Beloit and Sauk County with Baraboo into Madison's Combined Statistical Area, for a total population approaching one million. In that combined area, Madison, with a population of nearly 270,000, and Janesville, with a population of about 65,000, are the two most populous cities. Other cities and towns in the area with over 10,000 residents include Baraboo, Beloit, Fitchburg, Middleton, Monroe, Portage, Stoughton, Sun Prairie, and Verona. Our skilled and experienced attorneys are available in any of these cities and towns and any other location within the region, to advocate for education disability rights.
Madison, Wisconsin Area K-12 Schools
The Madison, Wisconsin, metropolitan area has some of the state's and region's best elementary and secondary schools. The area's top districts include Middleton-Cross Plains Area School District, Waunakee Community School District, Verona Area School District, Oregon School District, Belleville School District, Lake Mills Area School District, Sun Prairie Area School District, Monona Grove School District, Madison Metropolitan School District, Mount Horeb Area School District, Cambridge School District, New Glarus School District, Edgerton School District, Fall River School District, Evansville Community School District, Poynette School District, and Wisconsin Heights School District. The McFarland School District, DeForest Area School District, Portage Community School District, Lodi School District, and Columbus School District are other large districts in the Madison area. Let our highly qualified attorneys represent your disabled student in any of these school districts or other districts in the area.
Madison, Wisconsin Colleges and Universities
The Madison, Wisconsin, metropolitan area hosts the state's flagship public university, the University of Wisconsin-Madison, with abundant colleges, schools, and programs from the undergraduate to the graduate, doctoral, and professional school levels. Madison also hosts the public Madison Area Technical College, the private Edgewood College, and Herzing University. Several other colleges and universities are within commuting distance, and many online higher education programs also serve the Madison area. We can help you with education disability rights issues at any of those colleges and universities, public or private, at any level.
Madison Area Disabled Student Wisconsin Law Rights
Wisconsin's Department of Public Instruction implements the state's laws providing for the rights of disabled K-12 students. We can help you invoke those state laws and procedures. The Wisconsin legislature adopted its special education laws, codified in Subchapter V of Chapter 115, Wisconsin Statutes Sections 115.758 et seq., to satisfy federal requirements under the IDEA law for federal funding of disability services. Department of Public Instruction administrative regulations provide further details of those state protections. Your Madison area K-12 public school student has federal funding available through the state and local school district for the disability services your student needs. Here is a summary of those state substantive rights and procedural safeguards.
Wisconsin Disabled Student Substantive Rights
Wisconsin's special education laws grant you and your Madison area K-12 public school student certain substantive education disability rights, carrying out the federal IDEA law. Those rights, which our highly qualified attorneys can help you invoke for your student's benefit, include the following, among many other rights and benefits:
- that the school refer your student for evaluation for disability whenever any school staff member or disability professional suspects a need for services;
- that the school appoint an individualized education program (IEP) team for your disability student to develop a plan for the school to implement; and
- that the school obtains your consent for your student's disability evaluation and IEP implementation, including letting you attend IEP team meetings.
Wisconsin Disabled Student Procedural Protections
Wisconsin's special education laws also provide you and your student with procedural safeguards that our attorneys can invoke to ensure that your student gets the services and accommodations Wisconsin law promises, even when school officials resist fulfilling their obligations. Those procedural safeguards available under Wisconsin's special education laws include the following provisions, among other protections:
- that the school notify you whenever it proposes to change your student's IEP that you helped to form and approve;
- that you get to review the school's records of your student's education and disability evaluation at request;
- that we can invoke mediation on your behalf to negotiate favorable resolutions;
- that we can invoke a formal hearing on your behalf if mediation and other means do not resolve your student's issue to your satisfaction; and
- that we can seek court review in a civil action on your student's behalf if the formal hearing does not provide your student with all rights.
Madison Area Disabled Student IDEA Law Rights
The above Wisconsin laws and administrative regulations ensure that your student's Madison area K-12 school has procedures in place to fulfill your student's rights under the federal Individuals with Disabilities Education Act, otherwise known as the IDEA law. Here is an outline of those federal rights. We can help you invoke the above state procedures to ensure your student has the full benefit of your student's IDEA law rights.
The IDEA Law's Free Appropriate Public Education
The IDEA law promises your student a free appropriate public education (FAPE). That right means that your disabled student's Madison area K-12 public school must provide your student with the education that it provides non-disabled students, even if doing so requires building modifications such as ramps and elevators, equipment such as lifts, services such as note takers and remedial instruction, and devices such as optical character readers. Don't let your student's school provide a substandard education. Let us help you ensure your student gets an appropriate public K-12 education.
The IDEA Law's Least Restrictive Environment
The IDEA law also requires your student's Madison area K-12 public school to teach your student in the least restrictive environment (LRE) available. That requirement means that your student's school must not unduly separate or segregate your student out of the regular classroom if an in-class aide or other accommodation can keep your student in the classroom. The legislation intends that schools stop warehousing disabled students, ensuring that disabled students get the same social, emotional, and other development as non-disabled students learning in the regular classroom. Our highly qualified attorneys can help if your student is facing undue segregation and suffering the harm that flows from it.
The IDEA Law's Individualized Education Program
Parents generally hear of their disabled student's right to an individualized education program (IEP) because of the school's obligation to notify the student of those rights. The IEP is the way that the IDEA law carries out the FAPE and LRE requirements just discussed above. Without the IEP team meetings, the written IEP, and the requirement that teachers and staff follow the IEP unless and until modified, your student might not have a way to put these federal rights into practice. Let us help if you and your student face IEP issues.
Madison Area Disabled Student ADA Rights
Another federal law, the Americans with Disabilities Act or ADA, provides disability education rights not just within Madison area K-12 public schools but also at the college and university level for schools receiving federal funding. The ADA is a non-discrimination law, making it unlawful for the school to discriminate against qualifying students with disabilities and requiring the school to provide reasonable accommodation of disabilities to ensure access to education. Here is an outline of the qualification and accommodation rights.
ADA Qualifying Disabilities
The ADA protects only those disabled students who show that they have “a physical or mental impairment” that “substantially limit[s] one or more major life activities.” You or your student must generally claim and prove the qualifying disability. Unlike the IDEA law, the school does not have an affirmative obligation under the ADA to seek out disabled students. Physical impairments can involve back, leg, neck, arm, and other injuries and disabilities impairing the ability to sit, stand, lift, walk, and otherwise move about, or to see or hear. Mental impairments can involve head injuries and learning disabilities affecting memory, reasoning, concentrating, mood, and other intellectual and emotional capabilities. Let our highly qualified attorneys help you or your student prove the qualifying disability to gain ADA rights and protections.
ADA Reasonable Accommodations
The ADA requires schools to provide reasonable accommodations for qualifying students with disabilities. The reasonableness requirement means that the school may consider the cost, availability, and disruption of the services or accommodations. But if those factors do not weigh unduly against the services or accommodations, the school must provide them even if they do cost the school some expense or require modifications in facilities, schedules, resources, or other aspects of instruction. Lifts, readers, note-takers, ramps, railings, isolated exam rooms, extended exam time, and braille are just a few of the things that the ADA may require the school to provide to the disabled student. Let us help prove the reasonableness of the accommodations you or your student needs.
Madison Area Education Disability Rights Advocates
The above state and federal disability laws and regulations differ from the laws most attorneys work with day to day. The above administrative procedures also differ from the court procedures with which attorneys usually work. Your local criminal defense lawyer or civil litigation attorney likely does not have the academic administrative knowledge, skill, and experience you or your student needs to enforce the above education disability rights. Our highly qualified attorneys can appear on your behalf, invoke the above laws and procedures, advocate through mediations, formal hearings, and appeals, and ensure that you or your student obtain the best outcome. Don't entrust your education or the education of your minor student to unqualified advocates. Get our skilled and experienced help.
Madison Area Education Disability Rights Attorneys
The Lento Law Firm's premier Student Defense Team is available across the Madison, Wisconsin metropolitan area to represent you or your student, to gain disability accommodations, special services, and other education disability rights. We have helped hundreds of students nationwide with disability rights issues and other school disputes. Call 888.535.3686 now or use our contact form to tell us about your case.
