Your child's well-being matters to you as much as anything in this world. That's true for any parent. If your child has a disability, though, their well-being takes on added significance. You have to pay special attention to their physical needs, of course, but they also have very particular social, psychological, and emotional needs as well. And whatever their needs, you want to be certain they're getting the very best possible education.
The good news is the law gives you some important tools to help protect your child. That includes two important federal laws: the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). It also includes a number of laws and policies specific to New York state and the Rochester Metropolitan area.
The bad news is the law is only as useful as those tasked with implementing it understand it. Plenty of people don't understand the importance of disability rights. That includes educators. In all likelihood, you've already run into teachers and administrators at this point who don't get it—who either aren't up-to-date on the law, haven't taken the time to understand the law, or are simply lax in following the law. That's unacceptable. Period. Your child deserves and is entitled to, the same educational opportunities as any other child in this country. The Lento Law Firm wants to make sure they get those opportunities.
The Lento Law Firm's Education Law Team is well-versed in disability rights, especially as they apply to education. The firm's attorneys have helped hundreds of students demand and receive their rights from school districts and universities around the country.
Whether you're simply looking to restructure your child's education support system or you need to demand your district provide the appropriate accommodations, you can count on the attorneys at the Lento Law Firm to fight tirelessly to protect your child and your family.
The Rochester, New York Metro Area
Located around Lake Ontario, the Rochester, New York area has over a million residents, spread across six separate counties: Livingston, Monroe, Ontario, Orleans, Wayne, and Yates. Those counties are home to 21 school districts.
- Brighton
- Brockport
- Churchville-Chili
- East Irondequoit
- East Rochester
- Fairport
- Gates Chili
- Greece
- Hilton
- Holley
- Honeoye Falls-Lima
- Kendall
- Monroe One BOCES
- Monroe Two-Orleans BOCES
- Penfield
- Pittsford
- Rochester
- Rush-Henrietta
- Spencerport
- Victor
- Webster
- West Irondequoit
- Wheatland-Chili
Of course, every school district, every individual school, operates under its own particular educational philosophy. Every one of them works differently depending on factors like demographics, population size, and the specific personalities that make up their district administration. Nevertheless, they are all required to follow state and federal laws and guidelines, especially those that relate to students with disabilities.
What else do these districts have in common? The attorneys at the Lento Law Firm work with all of them. No matter where in the Rochester metro area your child attends, the Lento Law Firm is here to help.
Colleges and Universities in the Rochester Metro Area
Keep in mind as well that disability rights don't just apply to K-12 students. The law—particularly the ADA—has important things to say about how colleges and universities treat disabled students as well. There are a number of schools in the greater Rochester area, including
- University of Rochester
- Rochester Institute of Technology
- Nazareth University
- Roberts Wesleyan University
- St. John Fisher University
- SUNY Brockport
- SUNY Geneseo
- SUNY Empire State College – Genesee Valley
As you might expect, colleges and universities don't have to provide the same level of disability services K-12 schools do. Higher education isn't a right the way primary and secondary education are. Professors aren't asked to create IEPs, for instance. Nevertheless, these institutions are still held to some important standards, particularly in terms of admissions and classroom accommodations.
Just as they can help K-12 students, the attorneys at the Lento Law Firm can provide important services for any college or university student dealing with a disability issue at their school.
Understanding FAPE, IEPs, and Reasonable Accommodation
Just how can an attorney from the Lento Law Firm help your disabled student? They've studied the law, both as it applies to education and, more specifically, to disabilities, and they know how to use the law to force school districts to respond to your child's needs.
Let's take a moment, then, to consider the law, beginning with federal law.
Just like every other child in this country, your child has the right to a free public education. This is embedded in the Bill of Rights and other Constitutional amendments, and no condition—including a disability—can be used to deny it.
More recent federal laws have gone further in defining exactly what equal education means in the context of disabilities. The ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 specifically require public schools to provide all students with the materials and support they need to get an “equal” education.
What does an “equal” education mean for students with disabilities? You probably already know that public buildings, including schools, must have wheelchair access points and elevators to allow physically disabled students to get to class. Schools must also make accommodations for so-called “hidden” disabilities, those like dyslexia, ADD, and ADHD, that aren't readily apparent to others.
In fact, federal law applies to a broad range of disabilities 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
Federal law goes further, explaining exactly what types of services schools must provide in order to ensure students with disabilities receive an equal education.
- Free Appropriate Public Education (FAPE): It is worth knowing that the right to a “free and appropriate education” (FAPE) doesn't just apply to disabled students. In fact, the FAPE concept originated as a way to protect the education rights of racial minorities. It currently extends to all members of protected classes of persons, though, including those with disabilities, and it has special meaning with regard to disabled students. In order to ensure education is “appropriate,” school districts may sometimes need to provide additional resources for disabled students, and they must provide those at no cost to the student or their family. This can include anything from a tutor to special technologies and equipment. Such expenses must be within reason, and accommodations cannot interfere unduly with other children's education. Ultimately, however, the financial burden rests with the district and not with students or their families.
- Individual Education Programs (IEP): Additionally, K-12 schools are required to develop Individualized Education Programs (IEPs) for all students with disabilities. Such plans set up specific goals for your child's learning and outline exactly what steps the school intends to take to help your child reach those goals. Importantly, you always have the right to participate in the processes of developing and implementing your child's IEP. This means you should be allowed to suggest any changes or updates to that IEP.
- Reasonable Accommodations: Again, the requirement that disabled students be given “reasonable accommodations” doesn't just apply to those students with physical disabilities, and it's not just about the district spending money to help your child. Instructors must, for instance, be willing to modify their pedagogy, including instructional methods, assignments, and evaluation procedures. Depending on the nature of their disability, your child may be entitled to more time to complete assignments and exams, access to specific technologies, and any other modifications that will help them succeed in the classroom.
- Least Restrictive Environment (LRE): Finally, the concept of LRE, or Least Restrictive Environment, addresses a crucial aspect of learning that sometimes goes unrecognized by those outside of education: the fact that students generally learn best when they are with their peers. LRE ensures that no student, no matter their disability, can be forced out of mainstream classrooms. This does not mean your child must remain in this environment. “Least restrictive” is subject to interpretation, and school districts are allowed to move students into “alternative” learning environments if they feel those would benefit them. The district must be able to justify its decisions educationally, though, and as the parent, you always have the right to offer input on these decisions.
These various laws and education principles are designed to work together to ensure students with disabilities get everything they need to receive a quality education. Of course, the fact that they exist doesn't necessarily mean your school or district will always respond effectively to your child's needs. Your district might try to drag its feet on your particular accommodation request. An individual teacher or administrator may not recognize your right to be involved in decisions about your child's education. In the very worst cases, disabled students can wind up mistreated simply because of their disability.
If that happens, your first call needs to be to the Lento Law Firm. The firm's attorneys will act quickly to protect your child from harm, and they'll fight to ensure that your child gets all the rights they deserve.
New York State Law and Department of Education Policy
The Office of Special Education, a specific agency within the New York Education Department, is tasked with handling all issues related to student disabilities and can be an important resource in protecting your child's education rights.
That agency is underpinned not only by federal law but by several New York state laws as well.
Article 89 of New York State Education Law, for example, concerns what happens when public districts can't meet disabled students' needs. Essentially, it requires these districts to relocate students to private schools at public expense.
Part 200 of the Regulations of the Commissioner of Education requires school districts to identify students with disabilities, including those with “hidden” disabilities, and to use public funds to do so.
Manifest Determinations
Another crucial aspect of New York state education law concerns how students with disabilities are disciplined.
Part 201 of the Regulations of the Commissioner of Education sets up safeguards regarding how students with disabilities are treated in regard to school discipline and includes specific procedures for making “manifest determinations.”
In simple terms, no child with a disability should be subject to disciplinary action as a result of their disability or the failure of school personnel to effectively respond to their needs. If their behavior is a “manifestation” of their disability, it is, by definition, appropriate.
As a result, any time a disciplinary matter comes up with regard to a disabled student, the district must follow very specific procedures to determine what occurred, what role the disability might have played in the incident, and what, if anything, qualifies as an appropriate sanction.
As the parent of a disabled student, you have the right in such circumstances to provide information to decision-makers and to request that specific members of your child's IEP team be allowed to participate in the decision-making process.
Disciplinary sanctions always have the potential for devastating effects on children being punished. So-called “exclusionary discipline,” such as suspension, expulsion, and placement in an alternative school, has been shown to have lasting harmful effects. They are a serious disruption in the learning process itself, but they can also subject students to public humiliation and shame. These effects tend to be magnified in children with disabilities, students who are already susceptible to feelings of exclusion.
The lawyers at the Lento Law firm understand your child's needs and their particularly vulnerable situation in schools and districts. They are prepared to step in at any time and assert your child's right to fair treatment.
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 you 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 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.
