There is almost nothing more important than education. Even in primary school, education plays a huge role in future academic and professional success. When you or your child is facing an issue at a Hawaii school, it can be a real and tangible threat to your mental, academic, and future financial well-being. Issues at school can feel insurmountable, whether it's bullying, discrimination, or difficulty accessing necessary accommodations.
What can make these issues in your Hawaii school even worse is if you feel like you are going through them alone. You may not be sure what the best approach is to resolve the issues or what the options are for your situation. While you may feel helpless, there is hope, and you don't have to handle this problem alone with your Hawaii school. Whether you or your child is in K-12, college, or even a graduate program, the Lento Law Firm is here to support you.
Our Education Law Team is here to walk you through your options, strategize the next steps, and support you every step of the way. When you retain the Lento Law Firm, your attorney will ensure your rights are protected, and your Hawaii school takes your issue seriously. Your attorney will work to ensure your school abides by all legal requirements and obligations to get you the best possible outcome for your issue. Schedule a consultation with our Education Law Team today by calling us at 888-535-3686 or contact us online.
Hawaii Education Issues: Our Education Law Team Can Help With
There is no shortage of issues you or your child can deal with in your Hawaii school. Fortunately, the Lento Law Firm Education Law Team is well-versed in all types of education issues, from Constitutional rights violations to addressing bullying and disability accommodations. Even issues that may seem minor can quickly balloon into something more serious.
Some parents and students may be hesitant to formally address issues, thinking they may pass or that issues are a normal part of the educational experience in Hawaii. This should never be the case; no issue is too minor to be taken seriously. Every issue can have a profound impact on education and well-being. Regardless of your or your child's problem or place in the educational journey, our Education Law Team attorneys are equipped to help. We understand that issues in K-12 can differ greatly from those faced by college and graduate students, but we can tackle them all. A few of the issues we commonly help our Hawaii student clients with are discussed below.
Special Education and Disability Rights
Some of the most common education issues we see at the Lento Law Firm surround student accommodations. Our Education Law Team knows that every family has their preferred terminology regarding their child's learning situation. Some families prefer the terminology "student with a disability" or "student with a learning difference." Let your Lento Law Firm attorney know during your initial consultation what language you prefer. Unfortunately, some laws and school policies don't use appropriate, up-to-date language. Often, you will see terminology like "disabled" or "special education" still used, so you will see these throughout the process of obtaining accommodations and services.
Section 504 and Individualized Education Plans
Accommodations and services for students with disabilities or learning differences are formalized in either a Section 504 Plan or an individualized education plan (IEP). Our Hawaii student clients tend to have two main issues regarding Section 504 and IEPs. The first issue is with the process of implementing the plans.
Unfortunately, this can be a long process involving multiple assessments, navigating those assessments outside the school system, for example, with doctors and other medication professionals, meetings with school officials, and more. This can be incredibly frustrating. It can feel like everyone is taking too long, and every day your child doesn't have a learning and accommodation plan in place is a wasted school day. We know this can be upsetting. At the Lento Law Firm, we ensure your school follows the legally required timelines for developing and implementing a plan for your child.
The second program we see student clients face in their Hawaii school is the successful implementation. Sometimes, schools claim they don't have the resources to provide the services your child is entitled to and outlined in their accommodation plan. Your Education Law Team attorney will help you fight your school to ensure your child receives accommodations promptly as required by law.
Disability Rights and Disciplinary Action
Like all other students, students with disabilities and learning challenges can break the rules or be baselessly accused of misconduct, from cheating on exams to conflict with other students or teachers. Every school has its own procedure for addressing misconduct, usually found in a school or district's student handbook. Students with disabilities may be entitled to accommodations throughout the disciplinary action process. If you or your child's school doesn't discuss these potential accommodations or differences in the disciplinary process or comply with them, contact the Lento Law Firm immediately. We will work with you to ensure your school offers the modifications to the disciplinary action process to which you or your child are entitled.
Accommodations in Higher Education
Colleges and universities have more discretion in what services they will offer. Colleges and universities don't have the same requirements and programs, such as Section 504 and IEP obligations and plans. Fortunately, many of the services available to a student in K-12 are still options and attainable, with assistance from a little guidance and pressure from the Lento Law Firm. Examples include getting extra time on exams and assignments, notetaking services, ensuring ASL interpreters or other learning assisting technology are present in the classroom, and even single-dorm room assignments.
Accessing accommodations at your college or graduate school program will involve working with the school's disability services office. Every school has a slightly different name for this office on campus. For example, the University of Hawaii has an Office for Students with Disabilities, and Hawaii Pacific University has an Office called Accommodation Services. Your school's office may require certain medical documentation to verify your disability. Your medical professional, for example, a therapist, psychiatrist, or others, may request specific services and explain why those accommodations are necessary to meet your needs.
Bullying, Cyberbullying, and Harassment
Many people believe that bullying is a normal part of the K-12 experience. Middle school and high school students are known for being particularly brutal. Just because bullying and harassment are common does not make them acceptable in any way, shape, or form. Countless studies have been done on the impacts of bullying. There is no doubt that bullying can result in serious long-term mental health impacts. Students who are bullied are at an increased risk of suffering from depression, anxiety, changes to sleep and eating patterns, and more. Being a victim of bullying can also cause students to participate in risky behaviors such as self-harm, eating disorders, and even fall victim to suicide.
Hawaii schools must address every allegation and report of bullying and harassment. Hawaii has anti-bullying and harassment laws that prohibit bullying and harassment in schools. Anti-bullying laws also include a couple of different Hawaii laws against cyberbullying. The laws also require every Hawaii school to have an anti-bullying policy in place. If your child's school isn't taking allegations and reports of bullying seriously, the Lento Law Firm can assist in addressing the issue by reminding schools of their obligations and ensuring your child's rights are protected through the process.
Discrimination
Just as in adult life, students can face discrimination. While all students should be treated equally in schools, whether by teachers or organized school programs, this isn't always the case. Students may be treated differently based on their race, religion, gender, gender identity, sexuality, or disability status. Both federal and Hawaii state laws prohibit discrimination in education. Federal laws protecting students of minority classes in education include the Civil Rights Act of 1964, Title IX, and the Americans with Disabilities Act. Hawaii's civil rights law also prohibits discrimination in the education system.
Student's Right to Free Speech
While students under 18 might not have much control over many things in their lives, even kids have a Constitutional right to free speech. It goes without saying that university and graduate school students also have this right. Regardless of this Constitutional right, schools at all levels, K-12 and beyond, regularly try to stifle students' right to free speech. It isn't just verbal and written speech that is protected. Under a person's right to free speech, they have the right to dress as they wish (so long as it is permissible under an equally enforced dress code), to engage in peaceful protest, and more.
Understandably, schools have to prohibit some speech, like bullying, but when schools violate a student's right to free speech, it is usually to make life easier for school officials. When students share controversial opinions or peacefully protest, schools try to balance keeping order, preventing disruption that impacts learning, and honestly trying not to make waves with parents. Free speech violations occur when schools don't juggle these priorities well or decide one factor or person is more important than others.
A lot is going on in the free speech realm on campuses nationwide. It can be difficult to understand what authority a school has to limit your free speech. At the Lento Law Firm, we can explain whether your school has, in fact, violated your right to free speech and how to proceed next.
LGBTQ+ Student Issues
Everyone has their ups and downs in school, but LGBTQ+ students can face unique adversities. Whether it's issues with school officials or other students, many LGBTQ+ students will face challenges in their Hawaii schools. Common situations we see our Hawaii LGBTQ+ student clients facing include:
- Deadnaming
- Being denied access to a bathroom aligns with their gender identity
- Preventing a student from dressing consistently with their gender identity (for example, making a transgender or non-binary student wear a school uniform consistent with their gender at birth, not consistent with their gender identity
- A school outing a student to staff, other students, and even a student's own family
- Preventing the establishment of LBGTQ+ student organizations
Some Hawaii schools will handle LGBTQ+ issues effectively, but unfortunately, that isn't always the case.
Who We Help in Hawaii
The Lento Law Firm Education Law Team has worked with students throughout Hawaii, particularly on the Big Island, Maui, Kaua'i, O'ahu, and Molokai. Our K-12 student clients have come from some of the largest school districts in Hawaii, including Honolulu, Central, and Leeward school districts. Some of our student clients also come from private K-12 schools, including Punahou School and Iolani School.
The Lento Law Firm has also helped countless students at the collegiate and graduate levels. Our collegiate and graduate school clients have been enrolled in schools such as Hawaii Pacific University, University of Hawaii – West Oahu, Brigham Young University – Hawaii, and University of Hawaii at Manoa.
How the Lento Law Firm Education Law Attorneys
Navigating school issues at any academic level can be overwhelming. While schools may act like they are in total control, students have rights. Sometimes, schools need to remind themselves that they have certain legal obligations to students and rights that might be upheld. When you retain the Lento Law Firm, we help remind schools of what they owe you or your child and ensure your rights are upheld throughout the process. We work to de-escalate situations and come to a resolution that works for you. Whether it's advising you or assisting in mediation, we are there. While very few cases result in litigation, our Education Law Team is prepared if necessary.
Retain the Lento Law Firm Education Law Team Today
Don't let the issue you or your child is facing in school derail the education to which you or your child is entitled. Every student deserves to be treated with respect and have a learning environment that is safe and healthy for their physical and mental well-being. Let our Education Law Team help you. Get started with the Lento Law Firm today by calling 888-535-3686 or contacting us online.
