Many Idaho students struggle with school issues, from accessing disability services to bullying or facing disciplinary action for participation in a peaceful protest. School officials often act like they hold all the cards; they make the rules, and you're just along for the ride. But ultimately, Idaho students have rights like every other American, even if those rights make life harder for school officials.
Whether you or your child is facing issues in the K-12 system, college, or graduate school, the Lento Law Firm Education Law Team can help resolve the problem. If a school violates your child's rights or fails to properly address an issue, our Education Law Team can step in. Schedule a consultation with our Education Law Team today by calling us at 888-535-3686 or contact us online.
Issues Our Education Law Team Can Help With
The Lento Law Firm Education Law Team is experienced in all types of issues you or your child may be dealing with. College students often face much different situations than elementary school students fighting for an IEP or high school students navigating their rights to express themselves. Regardless of where you or your child is in their educational journey, our Education Law Team is qualified to assist.
Disability Rights and Learning Accommodations
Access to special education and disability services is one of the most common issues the Lento Law Firm Education Law Team handles. The Idaho Department of Education reported that nearly 40,000 students with disabilities lived in Idaho during the 2023-2024 school year.
Let's start by getting one important thing out of the way: at the Lento Law Firm, our attorneys understand that every family has their own terminology preferences regarding their child's differences. Many families prefer the terminology "student with a disability," "student with a learning difference," or other person-first language. Our Lento Law Firm attorneys will always respect whatever terminology you prefer; you just clarify this with your attorney at your initial consultation. Unfortunately, many laws, regulations, and school policies aren't updated on new terminologies and rely on the term special education.
Section 504 Plans and Individualized Education Plans
If your child is a student with a physical disability or learning difference, they will likely qualify for special accommodations at school. Accommodations are usually prescribed through either a Section 504 plan or an individualized education plan (IEP). These plans can take time and require assessments from different medical and educational professionals.
Schools are required to develop and implement IEPs and Section 504 plans promptly. If you are having an issue with any part of the process, for example, if you don't think the school is working with you, fully understanding the depth of your child's needs, or is taking too long to provide accommodations, give us a call immediately.
Accommodations at the Collegiate Level
If you're a college or graduate student, you may also be entitled to accommodations, but the process looks slightly different. The process for obtaining accommodations will involve working with your school's disability services office. Each school may have a slightly different name for this office. For example, at the University of Idaho, the office is called the Center for Disability Access and Resources; at Boise State University, it's referred to as the Educational Access Center.
Like with IEPs and Section 504 plans, you may need to provide documentation on testing, diagnosis, and more. The office will often ask you about the accommodations you received in high school and discuss possible similar accommodations at your college.
Unfortunately, many students, even with accommodation plans from their office of disability services, will face issues with implementation. Some professors believe they are above the rules and don't agree with the accommodations. These professors should be following your accommodations and can be committing discrimination against you, which our Education Law Firm can also assist with.
Disability Rights
Students with disabilities and learning differences can face more than just issues with classroom accommodations. When these students are charged with disciplinary misconduct, whether behavioral or academic, they are also entitled to accommodations in the disciplinary action process. Your Lento Law Firm attorney can fully explain how the defense for students with disabilities in Idaho works at both the K-12 and collegiate levels.
Bullying, Cyberbullying, and Harassment
Bullying, cyberbullying, and harassment must be taken seriously. While some people think that just because bullying is common, it is some rite of passage, or an issue everyone deals with. This is not the case. Bullying can cause severe long-term mental health impacts. It is common for students facing this treatment to suffer from depression, anxiety, changes to sleep and eating patterns, and loss of interest in activities they generally enjoy. This type of treatment can also lead students to self-harm, from self-mutilation to eating disorders, and even to become victims of suicide.
Under Idaho's anti-harassment and bullying law, your child's school is required to do a few different things. First, the school must have an anti-bullying policy that details behavior that constitutes bullying, cyberbullying, and harassment. Second, the school must have a clear action plan for addressing these behaviors. Never let you or your child's school dismiss this behavior – they need to hold perpetrators of bullying and harassment accountable. At the Lento Law Firm, we can help your child's school remember its obligation to investigate and address every instance of bullying and harassment.
Discrimination
All students should be treated equally, but unfortunately, that isn't the case. Several federal laws protect students against discrimination in their schools, including the Civil Rights Act of 1964, Title IX, and the Americans with Disabilities Act. Idaho schools must comply with these federal laws as well as Idaho's civil rights law, which prohibits discrimination in education.
There are many forms of discrimination that students face in their schools. As discussed above, one form of discrimination can be not being given equal access to education through accommodations for students with disabilities.
Student of color often face discrimination at their schools. Black students in grades K-12 make up a disproportionate number of disciplinary actions schools take each year. According to UC Berkley research, “black students were 3.6 times more likely to have been suspended out of school, 2.5 times more likely to have been suspended in school, 3.4 times more likely to have been expelled, 2.4 times more likely to have been referred to law enforcement, [and] 2.9 times more likely to have experienced a school-based arrest.”
If you or your child has faced discrimination, whether it be access to education programs, exclusion from sports or other extracurricular activities, or been treated differently based on gender, race, religion, sexuality, or disability status, contact our Education Law Team immediately.
Student Rights to Free Speech
Free speech is a big topic of conversation. Students from early teen years and right through graduate school often speak openly and adamantly about their opinions. Students have expressed their right to free speech for decades, whether protesting the Vietnam War, demanding universities divest fossil fuel investments, or even seemingly minor issues like changing a school's dress code. So long as students express themselves in a manner that doesn't endanger themselves and others, they have a right to that speech and freedom of expression.
Some schools feel differently and try to rein in these rights. Quiet, unopinionated students might be easier to handle, but that doesn't give any school the right to violate a student's right to free speech. If your school is trying to silence you or threatening to impose disciplinary action against you for something you have written, said, or protested, contact the Lento Law Firm.
LGBTQ+ Student Issues
Being any type of minority in school can be different, including being an LGBTQ+ student. Idaho LGBTQ+ students can face a whole host of challenges their peers aren't facing. Common issues our Education Law Team handles for our Idaho LGBTQ+ students include:
- Lack of access to gender neutral or gender conforming bathrooms
- Deadnaming
- Buying and harassment related to sexuality or gender identity
- Malicious and false accusations of harassment when using bathrooms that match a student's gender identity
- Hindered freedom of expression, for example, not being allowed to dress according to their gender identity
- Outing students or violating their right to privacy
- Prohibiting the formation of gay-straight or gender-sexuality alliances
Our Approach to All Student Issues
Because many students, at all levels, face challenges in school, it can sometimes be hard to navigate whether an issue is worth pursuing with professional help. Perhaps you aren't sure if your child's school is meeting their legal requirements to address a bullying situation, or you aren't sure if your university has a legal right to pursue disciplinary action against you for participating in a protest off campus.
Remember, while school officials may try to convince you that they are sufficiently handling an issue or tell you that they don't have to address it, that may not be the case. When you consult with a Lento Law Firm attorney, we will explain your rights in the situation, the school's obligations, and a plan to resolve the issues.
Who We Can Help in Idaho
Whether your child is just entering the K-12 school system or you're a graduate student in Idaho, the attorneys at the Lento Law Firm can help. Our Education Law Team attorneys are well-versed in education issues at all levels.
Our Education Law Team has helped students and their families throughout Idaho, in both large and small school districts in the state. A few of the Idaho school districts our K-12 Student clients have come from include McCall-Donnelly School District, Moscow School District, West Ada School District, Boise School District, and Pharma School District. Our attorneys have also represented students and their families in Idaho private schools, including Sun Valley Community School, Riverstone International School, Logos School, the Ambrose School, and Cole Valley Christian Schools.
Many of our clients have been college and graduate school students. They have been enrolled at a variety of public and private institutions in Idaho, including Idaho State University, Boise State University, the University of Idaho, Brigham Young University Idaho, and Northwest Nazarene University.
Who Else Can We Help?
When you or your child is facing unjust treatment at the hands of the institution tasked with providing you or your child's education, you need assistance from the Lento Law Firm. At the Lento Law Firm, we know not all school issues are black and white; sometimes issues arise relating to alleged misconduct. The Lento Law Firm is prepared to help you or your child with all problems that arise related to academia. Whether it's allegations of cheating on standardized tests, sexual misconduct, or Greek life misconduct, we are here for you. Ensuring you and your child's rights are protected is tantamount when education is on the line.
What the Lento Law Firm Can Do for You
Navigating any of the above issues and any other school issues can be difficult at best. You, as a student or the parent of a student, are likely feeling overwhelmed and maybe like you are alone in the situation. You may wonder why you should turn to an education law attorney during this difficult time. Many parents and students aren't looking to cause more conflict; they just want the issue resolved quickly, effectively, and without hostility. Education law attorneys aren't like the criminal defense attorneys out for blood, you see on TV. Getting an education law attorney can help de-escalate the situation and open better lines of communication.
Your Lento Law Firm Education Law Team attorney will assess your issue and talk to you about options and how the systems at your school should be working. For example, if you struggle to get your child an IEP, we can discuss the process and how to get those dragging their feet at the school back on track. If you or your child's school isn't appropriately dealing with an issue, from bullying to free speech, we can remind the school of its obligations.
Litigating school issues is almost never the first and best course of action. But if the school, after being reminded by you and your Lento Law Firm attorney, continues to violate relevant laws and policies, a lawsuit may be worth considering. We will always try to work through alternative dispute resolution methods like informal conferences or mediation before pursuing formal legal action.
Retain the Lento Law Firm Education Law Team Today
A quality education can change the entire trajectory of a person's life. Any serious school issue threatens your or your child's education. Don't wait to see how things play out; every day at school matters. Get started with the Lento Law Firm Education Law Team today by calling 888-535-3686 or contacting us online.
