Children with disabilities deserve an education just like any other children. And they're entitled to it. In the last fifty years, the federal government has passed a number of important laws specifically aimed at bolstering the rights of the disabled, including the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Both of these laws contain important provisions that not only give disabled students the right to an education but also offer access to resources and services that help level the playing field for these students.
If your child attends a school in the Greater New Haven metro area, the state of Connecticut provides them with additional education benefits, and the Department of Education maintains a Special Education division specifically aimed at helping families navigate school district bureaucracy.
Unfortunately, even with all these protections, you can sometimes run into educators who refuse to give your child the resources they need or who simply don't have the knowledge or skills to do their jobs effectively. Your child needs a quality education, your child deserves a quality education, and you should never be shy about demanding that they receive a quality education.
We can help. The Lento Law Firm was founded to help students and their parents get the fair treatment they deserve. We know the law; we know how the education system in Connecticut works, and we're ready to put what we know to work for you. So the moment you feel like your school or district isn't doing all it can to support your child, don't wait. Call the Lento Law Firm today at 888-535-3686, or use our automated online form to find out what we can do for your family.
K-12 Education in the New Haven-Milford Area
There are a number of strong schools across the New Haven-Milford area of Connecticut.
- Calf Pen Meadow Elementary
- John F. Kennedy Elementary
- Live Oaks Elementary
- Mathewson Elementary
- Meadowside Elementary
- Orange Avenue Elementary
- Orchard Hills Elementary
- Pumpkin Delight Elementary
- East Shore Middle
- Harborside Middle
- West Shore Middle
- Jonathan Law High
- Joseph A. Foran High
- Celentano School
- Clinton Avenue School
- Conte West Hills School
- Cooperative Arts and Humanities High
- East Rock School
- Edgewood School
- Fair Haven School
- Hill Central Music Academy
- James Hillhouse High School
- Lincoln Bassett School
- Nathan Hale School
- Sound School
- Truman School
- Wexler Grant School
- Wilbur Cross High School
- Worthington Hooker School
One of the great things about these schools is that they are all so different. A given school's atmosphere is shaped by so many factors, including demographics, the temperament of the instructors and administrators, and even its geographic location. Generally speaking, diversity is a good thing. There are certain traits all schools should have, though. One of those is a dedication to disability rights.
The attorneys at the Lento Law Firm work with students at all schools in Connecticut, including those in the Greater New Haven area. Whether your child attends Fair Haven School, Jonathan Law High, or Pumpkin Delight Elementary, we're always just a phone call away at 888-535-3686.
Colleges and Universities in the New Haven-Milford Area
Greater New Haven isn't just home to some great K-12 schools. There are a number of prestigious colleges and universities in the area as well.
- Albertus Magnus College
- University of New Haven
- South Connecticut State University
- Paier College
- Quinnipiac University
- Post University
- Sacred Heart University
- University of Bridgeport
- Fairfield University
- Wesleyan University
- Yale University
Just as with primary and secondary schools though, you can run into poor faculty and administrators, even if you attend an otherwise strong university. That's why the Lento Law Firm doesn't just work with K-12 students. We're also dedicated to helping college and university students with disabilities get the rights they're entitled to.
Of course, if you're a college student, your situation is different from a primary or secondary school student. You don't need the same level of attention. You're more independent, and you're taking on more responsibility for your own education. The law reflects these facts. College professors don't have to create IEPs (Individual Education Programs) for their students, and universities don't have to perform MDRs (Manifest Determination Reviews) before issuing disciplinary sanctions.
Even so, you have some important protections as a disabled student. Your school is not allowed to discriminate against you in any way. Further, instructors are required to provide you with classroom accommodations if you need them, like extra time to complete assignments.
If you or your child need help forcing your university to treat you fairly, the Lento Law Firm is on your side. Call 888-535-3686.
The Fundamental Right to Education
Your child has a number of important rights as a student with disabilities, and the Lento Law Firm is always here to make sure they get them. Let's take a step back at this point and talk in more concrete terms about just what those rights are.
First and foremost, your child has a right to a free public education, and one equal to the education their non-disabled peers receive. Again, we're not just talking about schools' moral imperatives or what's “fair.” Students with disabilities have legal rights under the law. That starts with the US Constitution. The Bill of Rights and several Constitutional amendments guarantee that state and federal governments must treat all citizens equally. We, as a society, have chosen to educate persons under the age of 18. The law says that states and school districts cannot discriminate in providing this education. Minority students, female students, poor students, LGBTQ students, disabled students –they're all entitled to an equal education at taxpayer expense.
The Constitution doesn't reference disabled persons specifically. So, to make absolutely sure students with disabilities are protected, the federal government has passed additional legislation, including the ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973. These laws don't just protect disabled students' rights to an education, though. They provide guidelines on how states and districts should go about preserving these rights.
Finally, it's important you recognize that these laws don't just protect those with physical disabilities. So-called “hidden disabilities” are protected as well. That 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
If your child was born with a physical disability, you're probably used to advocating on their behalf. If you're the parent of a high school student who was only recently diagnosed with ADD, though, it may never have occurred to you that IDEA gives your child rights.
Whatever your child's disability, they have a fundamental right to a free and fair education, and you should never be shy about demanding they get it. If your school is dragging its feet because it doesn't want to spend the money to install an elevator, the Lento Law Firm is here for you. If you need to pressure an instructor to give your child the accommodations they deserve, we're here for you. We take education seriously, and we'll do whatever it takes to make sure your child has every opportunity to succeed and thrive.
The Principles Within the Law
There's really no excuse for an educator who doesn't follow the law when it comes to disability rights. In fact, beyond the law, the field of education has evolved over the last fifty years to include a number of basic principles that also work to protect students with disabilities.
- Free Appropriate Public Education (FAPE): The basic right of all children in the US to education has been further defined over time to include other key components. Education isn't just supposed to be free, for example. Children are entitled to a “Free Appropriate Public Education,” or FAPE. The word “appropriate” here has special resonance for students with disabilities. It requires schools to meet the educational needs of all their students, even if that means making changes to the facilities or changes to the curriculum. Education must be “appropriate” to the learner.
- Reasonable Accommodations: To help ensure that education is appropriate to students with disabilities, education has further developed the concept of “reasonable accommodations.” Basically, schools and districts are required to make any reasonable changes they must make in order to ensure that a disabled student's education is equal to that of their peers. If your child needs a sign language interpreter, the district must provide them with one. If your child needs special technology, the school district must provide it. If your child needs access to a calculator during exams, their instructors must allow it. And, as FAPE makes clear, your district must provide these materials and services for “free.”
- Individual Education Programs (IEP): IEPs, or Individual Education Programs, are important tools designed to ensure students with disabilities are getting the right accommodations. An IEP lists your child's specific education goals and outlines exactly how the district will work to help them reach those goals. Educators and district disability experts should be involved in developing this IEP, but don't forget that you and your child should also be part of the process.
- Least Restrictive Environment (LRE): In recent decades, educators have begun to recognize that students learn best when they are in a free and open environment. In general, the “Least Restrictive Environment,” or LRE, is the mainstream classroom where students can learn alongside their peers. Your child should never be forced into a separate classroom or a separate school just because of their disability. And your district can't force you to home-school them because they don't want to provide the proper resources.
Teachers who aren't implementing proper procedures for working with disabled students aren't just ignorant of the law. They don't understand the foundations of education.
Unfortunately, it's not always easy to confront teachers and administrators. Teacher unions, for instance, can be quite powerful, and most school districts retain their own legal counsel to handle complaints.
Who's on your side? The Lento Law Firm. We know the law, and we're ready to hold districts, schools, and teachers accountable if they aren't treating your child fairly.
Connecticut State Law and Department of Education Policy
Federal law makes clear what rights your child has. Education has evolved to respond to those rights. Connecticut state law and Connecticut Department of Education policy define how federal law and educational philosophy are implemented. These can be important additional tools in advocating for your child's rights.
For example, the Special Education division of the Department of Education publishes a complete guide to creating appropriate IEPs. You should have a copy of this guide that you can use to make sure your district is meeting its responsibilities.
Meanwhile, Connecticut state law includes a set of procedures for resolving disputes having to do with disabled students. Those procedures describe a very specific process of adjudication, identify decision-makers, and explain the legal standard upon which all decisions should be based.
The Lento Law Firm has a national reputation for defending student rights. In addition to students in Connecticut, we work with students around the country. And we're especially well-versed in the finer points of federal law regarding disability rights in education. Make no mistake, though: we're highly experienced with the Connecticut education system. We know how that system is set up. We know who to talk to when you have a problem, and we know what to say. We're especially familiar with the schools in the Greater New Haven area and know how to use these schools' resources to your child's advantage.
Manifest Determinations
Perhaps the most controversial topic in education is discipline. Almost everyone agrees that schools must maintain some form of punishment as a deterrent to misconduct. However, some forms of punishment have come under fire in recent years. Increasingly, educators have come to believe that “exclusionary discipline”—sanctions that remove students from the classroom—can do lasting harm to children. Suspension, dismissal, and placement in “alternative schools” not only interfere with learning but can affect a child's self-esteem and emotional stability.
These negative effects can be especially pronounced in children with disabilities. Disabled persons often suffer feelings of isolation as a result of their disabilities, and removal from the mainstream classroom can exacerbate these feelings.
In response to such concerns, Connecticut state law requires schools to perform a Manifest Determination Review (MDR) before imposing such disciplinary sanctions on any students with a disability. As part of this procedure, your child's educators and experts in disability rights meet to determine whether such a sanction would be fair. This team must consider, for instance, whether the alleged misconduct actually qualifies as misconduct or is simply a manifestation of the student's disability. As with all aspects of your child's education, remember that you have a right to make your voice heard throughout this process and to challenge any disciplinary sanctions before they're imposed.
Here again, the Lento Law Firm can help. We're skilled negotiators, if that's what's called for, but we're litigators as well. We can represent your child during investigations and hearings if that becomes necessary.
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.
