In the U.S., students with disabilities are protected by two fundamental federal statutes. The Americans with Disabilities Act (ADA) applies to everyone regardless of age to protect them from discrimination. Yet, the Individuals with Disabilities Education Act (IDEA) serves as the cornerstone safeguard that requires schools to provide accommodations to students with disabilities in K-12 education.
While the ADA and IDEA are administered through the federal government, protections and assistance afforded to students can vary based on state and even local regulations. However, the scope at the lower levels of government must at least provide students with federal minimums. It's important to note that legal accommodations generally apply to public institutions, and private schools are not directly subject to federal mandates. Nevertheless, they will usually have internal policies aligned with ADA and IDEA.
If and when a school fails to provide support to students with disabilities, parents and guardians must be prepared to effectively advocate for their child's academic needs, as well as other requirements pertinent to the education system. But in the Tulsa metropolitan area, the Lento Law Firm is well-versed in how schools handle ADA, IDEA, and the systems of support offered to students. The Lento Law Firm's Education Law Team at the Lento Law Firm works with school districts to improve the level and quality of student success structures, including defending every child's right to an education. But first, parents and students should become familiar with the Tulsa metro area's educational system and what the law offers students with disabilities.
Call the Lento Law Firm today at 888.535.3686 or contact us online to discuss how we can exercise your student's rights to learn in an accommodating, unrestricted environment.
Tulsa Metropolitan Area
With over one million residents, the Tulsa metro area is the amalgamation of seven counties, making up the economic hub of Oklahoma. Located in the northwestern corner of the "Sooner State," the following are the counties of the Tulsa metro area:
- Tulsa County
- Rogers County
- Wagoner County
- Creek County
- Osage County
- Okmulgee County
- Pawnee County
Among the suburban sprawl, the metro area's anchor city, Tulsa, is surrounded by two primary rings of outlying cities, towns, and neighborhoods. The first ring closest to the hustle and bustle of Tulsa includes:
- Bixby
- Broken Arrow
- Catoosa
- Jenks
- Owasso
- Sand Springs
- Sapulpa
- Turley
Those in the second ring include the following:
- Claremore
- Coweta
- Collinsville
- Glenpool
- Inola
- Okmulgee
- Skiatook
- Wagoner
Primary and Secondary Schools
Students in the metro area primarily attend institutions within the Tulsa Public Schools district, which is the largest school district in the state, serving the entirety of northeastern Oklahoma. There are also publicly-funded charter schools with specialized curriculums, as well as private schools serving the area's eclectic population.
Each of these government-funded, independent, and semi-autonomous schools could have nuanced variations in their guidelines for accommodating students with disabilities. This may range from providing physical aids or tech-based solutions to smaller classes. Becoming acquainted with each school's particularities can help parents and students optimize the assistance available to them. Despite any variations between schools, each is obligated to comply with federal regulations under the ADA and IDEA.
Colleges and Universities
Tulsa, Oklahoma, is also home to an array of colleges and universities. While students may obtain postsecondary education elsewhere, many remain in the area to attend nationally-recognized institutions like the following:
- Langston University
- National American University
- Oklahoma State University
- Oklahoma State University Center for Health Sciences
- Oklahoma State University Institute of Technology
- Oral Roberts University
- Philips Theological Seminary
- Tulsa Community College
- University of Oklahoma
- University of Tulsa
While the above schools must still adhere to both federal and state regulations, IDEA no longer applies to students after they graduate from high school. The underlying rationale for this policy shift between K-12 and higher education is the presumption that university attendees, given their age and developmental stage, have the capability to speak up for their own needs. Moreover, once a student reaches the age of 18, the legal capacity for parents to act as advocates ends.
However, colleges and universities are still legally required to provide reasonable accommodations to students with disabilities. Fortunately, many institutions often have greater flexibility in adjusting schedules and other necessary student provisions. But it's no guarantee, and any parent of a student attending postsecondary education should seek professional consultation beforehand, something the Lento Law Firm's Education Law Team can provide.
Understanding FAPE, Reasonable Accommodations, and IEPs
Under ADA and IDEA, schools are required to provide students who have disabilities with the support and resources they require to allow them to complete their education. As mentioned before, these laws put more requirements on K-12 educational institutions than colleges and universities.
Some of the key parts of these laws include the following:
- Free Appropriate Public Education (FAPE). Applicable to each child, for students with disabilities, FAPE may include additional services or programs at no additional cost to themselves or their families.
- Individualized Education Programs (IEPs): Official plans devised by the school's specialized staff for students with disabilities, in collaboration with parents and occasionally the students themselves, outlining the requisite assistance and resources needed for academic achievement. IEPs include practical adjustments made by the school to offer students with disabilities an equal educational opportunity as their non-disabled peers.
- Least Restrictive Environment (LRE): This is the environment students with disabilities must participate in to be a part of the general school community, per government regulations. What LRE means depends on each student's disability and best interests; thus, guarantees can be ambiguous.
The trio of elements should enable students to attain the education they seek, regardless of disabilities. Nonetheless, it's crucial to recognize that although these are federally guaranteed provisions, there are situations where state-level adjustments to the support offered to students may occur.
Oklahoma Law
The State of Oklahoma has additional laws for providing education to children with disabilities. IDEA allows states to determine eligibility for special education for children aged three through nine experiencing developmental delays. Yet, Oklahoma uses IDEA Part C to provide early intervention services for children from birth to three years old.
IDEA directs states to provide students with disabilities FAPE until they reach 21. While some states extend eligibility through 22, Oklahoma does not.
Every Student Succeeds Act
In 2016, the U.S. Department of Education approved Oklahoma's Every Student Succeeds Act (ESSA). One of the driving factors for ESSA is to guide states in allocating federal resources in a manner that is impartial to all students, irrespective of their community dynamics or their family's financial standing. For students with disabilities, ESSA includes a layered approach known as Multi-Tiered Systems of Support (MTSS), incorporating Universal Design for Learning principles in its instruction. Student placement within various support tiers is determined based on how they respond to instruction and interventions and their performance in classroom assessments. Tailored intervention tactics are designed to meet the specific needs of each student, particularly as they progress from one academic year to the next. MTSS aims to supply each student with the individualized support and services crucial for their academic success.
If your school in the Tulsa metropolitan region has not implemented MTSS and you feel that its data-driven methodology could be advantageous for your child, it would be wise to consult with your school district about potential supplementary support options. In certain scenarios, engaging a legal entity such as the Lento Law Firm may assist in securing these more recent support services.
Oklahoma State Department of Education
The Oklahoma State Department of Education (SDE) directs all local education agencies (LEAs) to conduct a full individual initial evaluation of a child and whether they have a disability and to determine the educational needs of such a child. Determination will be made by the school or district's IEP team of qualified professionals and the parent of the child.
The evaluation determines eligibility for special education services, as well as other accommodations needed for a student to obtain FAPE. The evaluation process should emulate
Related services offered by SDE can mean a variety of different things. For instance, the following include but are not limited to:
- Transportation to facilities
- Speech-language pathology
- Psychological services
- Physical or occupational therapy
- Therapeutic recreation
- Counseling
- Orientation and mobility services
- Other developmental, corrective, and supportive measures
Once the IEP team understands how the child can benefit from the above services, a copy of the evaluation report and the documentations of determination of eligibility will be given to the parent or guardian. IEPs will include the following documentation:
- The student's present levels of educational performance.
- Benchmarks or short-term objectives detailing student success.
- A statement of curriculum or classroom modifications or supports that will be provided for the student to advance appropriately, including participation in extracurricular and other non-academic activities.
- The projected date for the beginning of the services and modifications provided, including the anticipated frequency, location, and duration.
- Pre-planning for transition services—beginning when the student is 16 years old or in ninth grade, whichever comes first.
It's essential for parents and guardians to be involved in their child's IEP process, as well as maintaining contact with school district personnel who have constant contact with their child. Only they know their child's best interests and desires, and sometimes, schools aren't up to the task of providing students with disabilities educational accommodations.
Protect Your Student's Right to an Education
Even when Tulsa students are accommodated through an IEP or other measures of planned accommodations, schools don't always follow through on implementing them. Unfortunately, not every child has access to a well-funded school system, regardless of federal regulations. Without the appropriate tools for education, your child risks the following consequences:
- Trouble or failure to progress with same-age peers academically and behaviorally.
- Increased vulnerabilities to environmental stressors and school discipline.
- Stunted sense of self-determination.
- Lack of commitment to postsecondary education.
Some may believe that smaller schools that offer more individualized academic oversight would be preferable for their children's success. However, this is a misleading conception.
Smaller schools—especially those in sparsely populated areas—may struggle with sufficiently monitoring and documenting issues concerning students with disabilities. They may also be unable to fulfill the provisions of a student's IEPs or legally-required accommodations. As a result, a variety of unknown challenges may exist that will place them in a less-than-ideal educational setting.
How Can the Lento Law Firm Help You and Your Child?
If your child is a student in the Tulsa metro area school that is failing in its legal obligations, you need to consult with the Education Law Team at the Lento Law Firm. The Lento Law Firm is a premier National Education Law firm serving concerned parents and students with disabilities. They are a passionate team that will protect your student's rights, ensuring they have their right to FAPE fulfilled and can gain an education to serve them in the future.
The consequences of a student failing to be served in the classroom have an immediate effect. When your school district fails, act fast. Call 888-535-3686 for a consultation now or use the online service.
