Arizona is a popular place for raising a family, boasting sunshine-filled days and a strong sense of community. With highly rated school districts like Chandler and Vail, parents are drawn to the state. However, even top-rated school districts and well-regarded colleges can lead to challenges for parents, especially when it comes to student discipline.
The Lento Law Firm can help students across Arizona, whether they're in the Chandler Unified School District, the Scottsdale Unified School District, or a major higher-learning institution like Arizona State University (ASU) or the University of Arizona (U of A). If you're dealing with education issues in Arizona, give our team a call at 888-535-3686 or by completing this confidential contact form.
Special Education and Disability Rights in Arizona Schools
Arizona's public schools, charter schools, and higher education institutions must follow federal and state laws relating to education. These laws are designed to make sure disabled students have equal access. The laws include:
- The Individuals with Disabilities Education Act
- Section 504 of the Rehabilitation Act
- The Americans with Disabilities Act
However, while many Arizona schools strive to make accommodations for students who need them, parents sometimes face resistance when trying to ensure equal access. At the K-12 level, parents see delays in evaluations and schools not following through on promised accommodations. These issues also follow students to college, where they see accessibility barriers or a lack of willingness to provide accommodations.
If your student is protected under federal law, the Lento Law Firm Team can help. We advocate for Arizona students by explaining your rights and helping you determine exactly what action you should take to remedy the situation. We can help you prepare for hearings and work with schools to ensure you get the results you need.
Individualized Education Programs and 504 Plans
Arizona's education laws also work to ensure all students who qualify have access to individualized education programs (IEP) and 504 plans. Both of these documents are designed to ensure disabled students have equal access to education.
For example, a student with ADHD in the Lake Havasu Unified School District might need a little extra time on tests. That student will need an IEP to ensure that teachers are aware of the need and make accommodations each time a test is administered.
The transition from high school to college can also be a challenging one for parents and students. Accommodations don't transfer automatically from high school to college, so students typically need to request them directly. The Lento Law Firm Education Law Team helps students advocate for their rights on campus, including navigating accessibility procedures and pursuing action when their requests are denied.
Harassment in Arizona Schools
Whether a student is attending Fireside Elementary School in Phoenix or Bryan University in Tempe, bullying can get in the way of an education. While most schools have anti-bullying policies in place, when bullying relates to someone's gender, race, or ethnicity, legal protections may apply.
Federal regulations, including Title IX and Title VI, protect students against harassment based on gender, ethnicity, or religious identity. Any school receiving federal funding is required to regulate behavior that might violate federal laws, whether those violations are committed by school administrators, faculty, or fellow students.
If you or your child is dealing with harassment at an Arizona school, the Lento Law Firm Student Defense Team can help you understand your rights. We'll hold schools accountable and ensure that any ongoing investigations are fair and thorough.
Discrimination Based on Race, Gender, or Disability
The same protections that apply to bullying and harassment also work to ensure all students have equal access to opportunities. This includes in the classroom and during school-sponsored activities. Despite strong anti-discrimination policies, some Arizona schools still struggle with equal treatment of students. Inequities may include:
- Disparities in disciplinary action between students. A student of color may face more severe punishment for engaging in a violation alongside white students.
- Denial of access to school-sponsored programs. A student might be prevented from joining an honors class or left out of a field trip.
- Biased grading or non-inclusive curricula. A teacher may lower grading criteria for certain students or teach topics in a way that offends marginalized students.
- Denial of access to housing or facilities. If a student is denied access to bathrooms or campus housing that matches their gender identity, this could be a violation.
Student Rights and Free Speech in Arizona
The First Amendment protects speech on campus, but there are limits. These limits are typically outlined in the school's code of conduct and include restrictions on where and how opinions can be expressed. Generally speaking, schools want to honor students' rights while also ensuring the learning environment isn't disrupted for other students.
Freedom of speech tends to come up more on college campuses than in the K-12 environment. One example of this was the pro-Palestine protests and encampments on the ASU campus. The school suspended 20 students, and those suspensions were upheld by the courts.
However, suspensions over student speech aren't limited to the university level. Arizona's K-12 students could face disciplinary action for participating in a schoolwide walkout or for posts on social media. It's important to note that hate speech toward other students isn't protected, but in some cases, disciplinary action crosses the line into protected speech, and that's where the Lento Law Firm Team can help.
Navigating K-12 Policies and Academic Complaints
Like other states, Arizona has a long list of school districts, each with district-wide guidelines and individual school policies. Cutting through all that red tape can be challenging at times, but parents may have no other choice.
One of those instances is when you're simply advocating for accommodations for your child. Even once those accommodations have been approved, you may find yourself battling to be heard. Parents of students dealing with bullying or harassment may find that administrators shift accountability from one employee to another, leading to weeks of delays and even complete inaction.
The Lento Law Firm Student Defense Team doesn't just assist parents when a student faces disciplinary action. We can also advocate for accommodations and help parents navigate school procedures. That includes requesting documents and holding schools accountable for their actions.
Navigating College Policies and Academic Complaints
At the college level, Arizona's families face unique challenges. Students may have financial aid that's impacted by disciplinary action, and even small infractions can end up on their permanent record, potentially costing them admission to graduate schools or future employment opportunities.
The Lento Law Firm Education Law Team will help parents deal with disciplinary action on campus. We'll also assist with navigating school processes and appealing disciplinary action. Our attorneys are familiar with procedures at each Arizona university and can help you whether you have questions about school policies or you're facing disciplinary action.
Disciplinary Issues and Complaints in Arizona's K-12 Schools
At the K-12 level, issues usually first arise in the classroom. If it's a disciplinary issue that the teacher can't easily handle, the teacher will typically take it to the school's disciplinary coordinator, which is likely the principal or assistant principal.
In the case of complaints, the parent typically reaches out to either the teacher or principal for resolution. Arizona's schools have policies in place, often based on district-wide policies, that direct how they respond.
Both in the case of disciplinary action and complaints, a meeting between the principal and the parent(s) is usually the first step. This meeting could lead to disciplinary action or positive actions being taken to remedy your complaint.
When that initial meeting leads to undesirable results, our legal team can help. We'll ensure any disciplinary investigations are conducted fairly and help you take action if your student's rights have been violated.
Disciplinary Issues and Complaints in Arizona's Universities
Whether you're attending ASU, the U of A, or one of the many other colleges and universities in Arizona, your school has a process in place for handling both disciplinary infractions and student complaints. The Lento Law Firm Education Law Team is familiar with your school's policies, and from the start, we can offer guidance on what to expect throughout the process.
At ASU, disciplinary actions are handled through the Office of Student Rights and Responsibilities. Once a complaint comes in, the office issues a First Notice Letter, followed by a meeting to discuss the complaint. Administrators will use all information gathered, including the student's side of the story, to decide on sanctions. Most decisions are final, but you can appeal a suspension, expulsion, or revocation of a degree. This procedure is similar to procedures implemented at universities throughout Arizona.
Institutions of higher learning also usually have offices dedicated to ensuring all students have equal access to learning. U of A has a Disability Resource Center (DRC) that handles all requests for accommodations. If you experience any issues with accommodations, you're encouraged to get in touch with the DRC via email.
Even though Arizona's colleges and universities have dedicated procedures to ensure equal access to all students, mishaps can happen. If you're experiencing issues with disciplinary action or accessibility on any Arizona campus, the Lento Law Firm Education Law Team can advocate for you and help guide you through the process.
The Importance of Advocacy in Arizona's Education System
Even in top Arizona schools, mistakes, oversights, and rights violations occur. Some may be a case where one employee uses poor judgment and school administration doesn't take measures to remedy the situation. No matter the reason, when rights violations occur, parents and students often aren't sure where to turn. If they seek recourse through school administrators and fail, they may feel intimidated or overwhelmed.
The Lento Law Firm Education Law Team brings years of experience in navigating the education system. We can work with parents of children in elementary school, middle school, and high school, as well as in colleges and universities across the state of Arizona.
Knowing When to Contact an Education Lawyer in Arizona
It can be tough to know when it's time to reach out for legal help. At the Lento Law Firm, we always stress that you don't have to wait until you're moving your way through a school's disciplinary process to reach out. We can advise you on reaching out to a school about accommodations or issues your student is currently facing and help you with alleged policy infractions.
At the K-12 level, parents should consider reaching out for legal help when:
- Your school denies or delays issuing a special education evaluation
- Your student's IEP or 504 Plan is either inadequate or not being followed
- You requested accommodations, but that request was denied.
- Your student is being bullied or harassed, and the school's response is either nonexistent or inadequate
- Disciplinary actions appear to be disproportionate
- Your child is part of a protected class and facing discrimination, either in academics or in access to school-sponsored activities
- Your child's rights are being violated, either regarding freedom of speech or dress code issues
At the university level, parents and/or students should consider contacting our team when:
- Your college refuses to make requested accommodations when you feel they're within reason
- You are unfairly accused of academic misconduct
- You've been issued disciplinary sanctions without due process, or the action was disproportionate to the alleged offense
- You filed a Title IX complaint, and it wasn't taken seriously
- You were dismissed from class or a school-sponsored program without clear justification
- You're facing housing discrimination for a protected reason, such as your gender identity, race, or religion
- The university is aware of the harassment or retaliation you're facing yet fails to act
How We Can Help
Education law can be complicated and overwhelming, but we can help. While many attorneys primarily deal with the court system, the Lento Law Firm Education Law Team has the experience necessary to work with schools. We're familiar with the nuances of Arizona's K-12 schools, colleges, and universities and can take a look at specific policies and procedures as they relate to your case.
If you're experiencing education-related issues in Arizona, give the Lento Law Firm Team a call. You can reach us by phone at 888-535-3686 or complete this confidential contact form with some details of your situation to request a call from us.
