Disability issues or inadequate accommodations can seriously affect a student's academic performance, confidence, and ability to progress through their course. There are major federal and local laws protecting every student's right to an education, including students with disabilities.
Being aware of these laws is very important in order to ensure your student has access to the accommodations they have the right to ask for by law. These laws can differ at the K-12 level, undergraduate or postgraduate level. There can even be differences between public and private schools, and the law may be different for federally-funded institutions.
The two federal laws protecting students with disabilities are the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Both laws mandate certain requirements pertaining to students with disabilities, which public schools need to follow. In addition to these, depending on the state the student lives in, there may be other local laws to which schools, especially K-12 schools, are required to adhere.
If your student's school is not providing them with the accommodations and support they are entitled to by law, you must be prepared to advocate for your child and consult with the Student Defense Team at the Lento Law Firm if needed. The education disability attorneys at the Lento Law Firm have years of experience in helping protect the rights of students and working with schools to ensure students have the support they require.
Memphis Metropolitan Area
The Memphis Metropolitan Area covers 11 counties across the states of Tennessee, Mississippi, and Arkansas. It has a population of 1,324,108 and an area of 4,599 square miles.
The counties that make up the Memphis metro area include:
- Shelby County
- Desoto County
- Tipton County
- Crittenden County
- Fayette County
- Tate County
- St. Francis
- Coahoma County
- Tunica County
- Benton County
- Marshall County
Some of the largest cities within the Memphis metro area include Memphis, Clarksdale, Oakland, Tunica, Hickory Flat, and Forrest City.
The area contains a number of Fortune 500 and 1000 companies, as well as many colleges, universities, and public and private schools.
Colleges and Universities
Some of the many colleges and universities within the Memphis metro region include the University of Memphis, Rhodes College, the Baptist College of Health Sciences, and more.
Although each institution is required to follow federal and state laws, there are differences between K-12 schools and institutions for higher education. Some federal laws only apply to school children. For instance, IDEA is applicable only as long as a student is in primary, middle, or high school.
College students are expected to be able to advocate for themselves, and many laws that protect the rights of school children with disabilities do not apply once a student is in college or over 18. Once a student is an adult, their parents or guardians do not have a legal role as their advocate.
Understanding FAPE, Reasonable Accommodations, and IEPs
According to federal laws, schools are supposed to allow students with disabilities access to the support and resources they need to complete their education. Many of these laws have strict requirements for K-12 schools to follow. Some of these include:
Free Appropriate Public Education (FAPE): This law states that all children in the United States, including children with disabilities, have the right to a free appropriate public education. FAPE may require public schools to make available additional services, programs, or support for students who need them without additional cost to their families.
Individualized Education Programs (IEPs): Students who require them are entitled to IEPs. IEPs are put together by the school and parents and may include involvement by the student. They are a guide or a plan outlining the support and resources a student needs to progress successfully. IEPs can be revised if and when needed.
Reasonable Accommodations: Students with disabilities are entitled to their school making reasonable accommodations in the form of any alterations or adjustments they may need to access the same level of education students without disabilities are accessing.
Least Restrictive Environment (LRE): This requirement states that school districts are required to allow students with disabilities to be in the same classrooms as those without disabilities, as far as possible. Schools are required to provide whatever support is required to make this possible, whether that is a student aide, a sign language interpreter, a note taker, or something else.
Tennessee Law
Tennessee has its own code regarding rights for students with disabilities, and this code is in line with federal laws such as ADA and IDEA. The Department of Education and the Department of Human Services oversee the implementation of rules and policies for people with disabilities in Tennessee.
Most rules applicable to students with disabilities fall under the ambit of the Department of Education. Tennessee has its own code on Special Education Evaluation and Eligibility, which outlines recognized forms of disability and the support that must be provided.
Tennessee's Special Education Framework lays out how ADA, IDEA, and other disability laws are implemented and what rules, policies, and guidelines apply to K-12 students with disabilities in Tennessee.
Tennessee Department of Education
The Tennessee Department of Education oversees education for about 900,000 children across 148 districts. The department works towards providing children from all backgrounds the opportunities and support they deserve to succeed.
The department has created a Special Education Framework to enable all students to get access to a secondary and post-secondary education. This document lays out the support and resources students with disabilities must be given in order to make progress at their schools. This includes IEPs, LRE, and other accommodations.
The Special Education Framework is meant to help educators create appropriate IEPs to support students with their needs. It is divided into:
- general information about special education;
- writing IEPs (this includes a component on the development of writing short-term objectives, additional clarification around service delivery, and links to resources for the IEP team; and
- implementing the IEP
The framework states that in order to ensure that students with disabilities are receiving meaningful instruction, schools must provide:
- high expectations for students with disabilities;
- appropriate differentiation and scaffolding to support students with disabilities in participation and progress toward the general education curriculum;
- meaningful opportunities for parent(s)/legal guardian(s) to participate in the development, review, and revision of the individualized education program (IEP) and participate in the education of their children at school and home;
- appropriate supplementary supports and services in the general education classroom whenever appropriate;
- effective systems of behavior support at the school, class, and individual level;
- appropriate skills and knowledge for those who work with students with disabilities to help such students meet academic and functional goals;
- preparation for students to transition to adult living and learning to lead productive, independent adult lives to the maximum extent practicable; and
- high-quality resources and instructional supports focused on teaching and learning.
Arkansas Law
There are many federal and state laws governing how schools must treat students with disabilities in Arkansas. All Arkansas schools must provide students with a free and appropriate public education. Schools are also required to recognize students' disabilities and create and employ IEPs to assist students in their education.
Colleges and universities in Arkansas are also required to accommodate certain disabilities. This may include physical impairments relating to cardiovascular, musculoskeletal, endocrine, respiratory, and special-sense organ impairments, as well as conditions such as ADHD, Asperger's Syndrome, drug addiction, depression, epilepsy, speech and hearing impairment, and other qualifying conditions.
The Arkansas Department of Education lets students between the ages of 3 and 21 be eligible for support services that help them in their education. The responsibilities educational institutions have in this regard include a responsibility to comply with IDEA, institute professional development and technical assistance outreach programs, maintain an effective system for dispute resolution, and more.
According to Arkansas law, school's IEP teams are required to convene periodically to consider whether any Behavior Intervention Plans (BIP) should be modified or updated and if a Functional Behavior Assessment (FBA) should be conducted.
Arkansas Department of Education
The Arkansas Department of Education provides leadership, support, and service to schools and school districts and ensures students have the support and opportunities they need to perform well academically and in other ways. They govern rules and guidelines that allow students with disabilities to get the support they need, in keeping with federal laws such as ADA and IDEA.
The department is committed to ensuring that students with disabilities get access to the same educational experience as those without disabilities and is committed to getting them the support they need. This includes implementing federal and state laws and making sure Arkansas schools are putting in place the resources and accommodations students with disabilities are entitled to.
Mississippi Law
Mississippi state laws for students with disabilities are in line with federal laws and expand some of the accommodations available for students with disabilities. Mississippi law allows students with disabilities to receive special education support services until they graduate from high school with a standard high school diploma. In contrast, IDEA allows students this support until they turn 21.
Mississippi law also allows parents and guardians of students to request adjustments to their student's IEP more than once a year. Parents and guardians may even request an Individualized Family Service Plan if their child is under the age of 3.
When it comes to academic progression issues or misconduct in Mississippi, disability can be a mitigating factor. Educational programs have to alter SAP (satisfactory academic progress) standards for students with disabilities based on need. In cases of misconduct involving students with disabilities, Mississippi schools are required to perform a manifestation determination review (MDR), according to IDEA and Section 504. The MDR determines if the student's IEP should be adjusted or if they should be placed in an alternative education program.
Mississippi Department of Education
The Mississippi Department of Education helps public schools in Mississippi with support and resources, including resources for federal educational requirements and funding. The MDE also implements state and federal education laws, disburses state and federal funds, and holds schools and districts accountable for performance, educator licensing, and more.
The MDE strives to provide all students with the knowledge and skills they need to be successful at school and in their careers and helps students get access to any additional support or accommodations they may need in school. The MDE follows and implements federal laws outlining the rights of students with disabilities, in addition to state laws and rules governing the support and accommodations students with disabilities are entitled to.
Protect Your Student's Right to an Education
Every student has the right to free, appropriate public education. Under federal law, schools in the Memphis metro area are required to provide the necessary accommodations and support to students with disabilities and ensure they have access to the same educational experience students without disabilities have.
In addition to federal law, schools in the Memphis metro area are required to follow the various state and local laws they are bound by.
If your student's school district in the Memphis metropolitan area is failing to provide the support they need, or if you are facing any other education disability-related issues, the Lento Law Firm Student Defense Team can help.
The Lento Law Firm is a premier national law firm and has years of experience defending students in cases involving student and education law. Call us at 888-535-3686 or get in touch online to schedule a consultation.
