Students with disabilities are federally protected in the United States under two foundational laws: The Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Within these laws, the federal government puts forward clear mandates for the treatment and accommodations that must be given to students with disabilities.
Every public school in the country must abide by ADA and IDEA, especially elementary, middle, and high schools. Furthermore, states and local jurisdictions may add additional requirements to support these students. In the New Orleans-Metairie area, there are a number of state and local laws that help regulate this very subject.
It is important to note that private schools are exempt from these requirements. While many have their own policies that provide assistance to students with disabilities, private schools are not regulated by federal laws.
In instances when a public school is not providing a student with disabilities the accommodations they are rightfully entitled to, the onus is generally on the parents or guardians of the student to take action. This may require retaining legal counsel. The Lento Law Firm has experience finding solutions to these issues, ensuring students with disabilities have the proper support to excel in school. For a consultation, call 888-535-3686 or fill out our online form today.
New Orleans-Metairie Metropolitan Area
The most populous metropolitan area in Louisiana (and one of the top in the United States) is the New Orleans-Metairie metro. There are eight total parishes that lie within the borders.
- Jefferson — Encompassing Metairie and suburbs like Kenner, Elmwood, River Ridge, Harahan, Gretna, and Harvey
- Orleans — New Orleans proper, including the Garden District, Lakeview, and Audubon
- Plaquemines — Belle Chasse
- St. Bernard — Chalmette, Arabi, and Meraux
- St. Charles — Destrehan, Luling, and Saint Rose
- St. James — Paulina
- St. John the Baptist — Laplace
- St. Tammany — Slidell, Covington, Mandeville, Eden Isle, and Lacombe
Together, these parishes represent a wide socioeconomic range, from urban cities to quiet suburbs to small rural towns. Each parish has its own school district, which means their policies may vary in regard to students with disabilities. It is advisable for parents to familiarize themselves with the specific special education processes and safeguards in their child's school.
Colleges and Universities
Also found in the New Orleans-Metairie region is a litany of higher education, from renowned institutions like Tulane University and the University of New Orleans to trade schools and community colleges.
While colleges and universities are still required to follow the ADA, they are given more autonomy to create their own policies (when compared to K-12). For example, IDEA only applies to students with disabilities until they graduate high school. Other safeguards, like the Individualized Education Programs K-12 schools must create for each student with disabilities (more on these later), can be a helpful jumping off point for the college level. Schools are not required to provide them, but they may use a student's plan from high school to create a comparable support system.
The main reason policies vary at higher education levels is that most students are 18 or older. There is no legal obligation for parents to mediate their child's schooling when the student is mature enough to advocate for themselves.
Understanding Federal Requirements (FAPE, IEPs, LRE, and Reasonable Accommodations)
The purpose of federal education disability laws (like the aforementioned ADA and IDEA) is to guarantee nondiscrimination in schooling. Efforts must be made to give students with disabilities the support they need to provide a comparable outcome to an able-bodied student. Again, these laws focus on regulating education from K-12, while colleges and universities have more leeway to create independent policies.
A deeper look at these laws (along with Section 504 of the Rehabilitation Act of 1973) reveals more specific actions schools must provide, including:
Free Appropriate Public Education (FAPE) — This is a standard that applies to every child, regardless of disability or economic status. This ensures that not only will students with disabilities have the support they need to succeed, but that they will also have that assistance free of charge.
Individualized Education Programs (IEPs) — An IEP is a comprehensive plan created for a student with heavy input from parents and educators. Depending on their age (IEPs can be made for children as young as three years old), the student may also be involved in the creation of their IEP. These plans are an educational guide that clarifies the type and level of support that a student with disabilities will need throughout their schooling.
Least Restrictive Environment (LRE) — Students with disabilities have the right to participate in the same classes, activities, and communities as their able-bodied peers. For instance, a student with disabilities may not be restricted to a special classroom if they would prefer to be learning in a general setting. Compliance with LRE may require schools to bring in an aide to attend classes with the student (among other accommodations). Not all students with disabilities have the same needs and interests, so an LRE is determined case-by-case.
Reasonable Accommodations — A school must make accommodations giving students with disabilities the same educational access as any other student. This comes with a caveat; the word reasonable here provides some wiggle room for schools if the accommodations requested are cost-prohibitive or require an untenable amount of resources. An institution may need to supply a student with an aide, but having to assign a second aide to the same student could be considered unreasonable.
For the most part, these federal laws work well together to regulate educational quality for students with disabilities. However, states like Louisiana have taken steps to expand the laws even further.
Louisiana Law
Disability rights compliance for Louisiana students is overseen by the Louisiana State Board of Elementary and Secondary Education (BESE).
Many of the special education safeguards codified at the state level can be found in Title 17 of Louisiana's Revised Statutes. The policy further enshrines FAPE for students with disabilities (referred to throughout the code as “exceptionalities”) from the ages of three through twenty-one.
Section 17:1944 of the statute lays out the responsibilities local education agencies have to support students with disabilities. These include:
- Special pre-school education provided for eligible children under three years old
- Limited age spans (students with disabilities must be grouped with other students aged within no more than three years of their own)
- Transportation to and from educational programs (within reason)
- Assignment of students to school best suited to their IEP (at parent or guardian's request)
Another statute creates special schools catering to students who are Deaf and/or Visually Impaired. According to Louisiana law, these schools must be available to eligible students if requested. In the event that your eligible child is denied these services, contact the Education Law Team at the Lento Law Firm to discuss a path forward.
Every Student Succeeds Act
Beginning with the 2017-2018 school year, the Louisiana Department of Education has been developing and implementing the Every Student Succeeds Act (ESSA). This is a federal law approved in 2015. It reauthorizes the decades-old Elementary and Secondary Education Act and replaces the No Child Left Behind Act.
Both FAPE and the ESSA focus on equal opportunities for students of all backgrounds. While FAPE ensures all students (including those with disabilities) can receive a public education without cost to the child or parents, ESSA creates programs that standardize the quality of education that is being provided.
Under ESSA, schools are objectively rated based on reported results for a variety of metrics, including student assessments and core academic standards. These are cross-referenced with student subgroups (such as race, family income level, and disability status) to prevent any one demographic from receiving results not in line with the rest of the student body.
While the law is federally mandated, each state is required to submit its own plan of action on behalf of its Department of Education. Because different states have different needs, these plans need to cater to the specific issues of each jurisdiction.
In August 2017, the U.S. Department of Education approved Louisiana's ESSA plan. The sections relating to students with disabilities were established with the input of local New Orleans-Metairie groups like Audubon Behavioral Health, Families Helping Families of Jefferson, and Louisiana Autism Spectrum and Related Disabilities.
Rather than measuring subject mastery by a student's test scores, the state's new model under ESSA recognizes the level of progress students are making. Students with disabilities may not have the same cognitive abilities as some of their peers, and this is a way to measure and reward their growth.
These rules sound good, but the truth of the matter is that a policy is only as good as the school district enacting it. Without holding a school accountable for its failings, there is no incentive for improvement. In the event of mistreatment or lack of appropriate accommodation for a student with disabilities, it is of the utmost importance to seek a legal remedy. Not only can the Education Law Team at the Lento Law Firm get your child the assistance he or she needs, but legal action can also help prevent the same thing from happening to another student in the future.
Students With Disabilities In New Orleans-Metairie
Historically, school districts in the New Orleans-Metairie metropolitan area have not done a great job with disability accommodations for students. This has led to federal oversight and legal issues. Many of the complaints revolve around the area's school choice programs, which give parents the opportunity to transfer or enroll outside of their predetermined geographic zone.
A 2010 lawsuit from the Southern Poverty Law Center (filed on behalf of ten students with disabilities) settled after parents provided evidence that New Orleans area charter schools were failing to admit a reasonable amount of students with disabilities. The lawsuit alleged that the ones they did allow to enroll were not given the proper resources for success. The settlement stipulated that an impartial third party oversee special education in New Orleans schools for five years. This oversight recently ended, leaving local districts once again under the jurisdiction of the Louisiana Department of Education.
Despite improvements made under federal watch, there are still disability access issues being brought to light. In the summer of 2020, Ridgewood Preparatory School (K-12) in Metairie was forced to settle with the state's Justice Department for violating the ADA when denying admission to a student with spina bifida. Ridgewood refused to reasonably modify its practices or its physical structures in order to give the child access to the school's desired programs.
It is not rare for a child in New Orleans-Metairie to have at least one disability; according to Louisiana's Department of Education, 12 percent of Louisiana students fall into this group. With so many students to accommodate, that makes it all the more likely that some slip through the cracks. If you are a parent of a student with disabilities in the New Orleans-Metairie area and feel like your child is falling behind their peers, or that their needs have not been adequately addressed by ESSA, ADA, or IDEA implementation, working with the experienced team at the Lento Law Firm can help rectify the issue. Don't hesitate to get your child the help they need to get back on track.
All Students Have a Right to an Education
Federal and state laws are designed to protect students with disabilities, but it is not foolproof. Issues can and do arise. Parents of these students living in the New Orleans-Metairie metropolitan area should be well-versed in their child's educational rights from the moment they are able to attend school. The first step to supporting your child is to recognize when the school district is failing to do its part.
Contacting an experienced law firm will make the entire process easier. The Lento Law Firm helps clients nationwide, providing excellent outcomes for those in educational disputes. Students with disabilities need strong advocates, and the personal care the Lento Law Firm puts into each case will make sure you achieve the best outcome on your case. For a consultation, fill out our online form or call us at 888-535-3686.
