Qualified Rhode Island IEP Representation
The Lento Law Firm's premier Education Law Team is available to help you and your Rhode Island elementary or secondary student receive the special education services, equipment, and accommodations your student needs. Federal and state laws mandate disability services and accommodations. Our attorneys are available to enforce those laws through IEP representation in Providence, Warwick, Cranston, Pawtucket, East Providence, Woonsocket, Cumberland, Coventry, North Providence, South Kingstown, West Warwick, and other Rhode Island cities and towns. Call 888.535.3686 now or complete this contact form to tell us about your student's IEP matter.
Qualified IEP Representation Matters
You might think Rhode Island's schools would know better than to violate federal and state special education laws by ignoring or truncating IEP processes. But your experience as a parent of a disabled student tells you otherwise, that school officials often do fail to fulfill their obligations to disabled students, even though federal law authorizes substantial federal funding to meet those obligations, funding that is likely readily available to your student's school.
However, invoking those federal and state disability laws through school administrative procedures requires a special skill set and unusual experience. The attorneys on our Education Law Team have the knowledge, skills, and experience your student needs for your student's best outcome in an IEP dispute. School officials will generally quickly recognize that we know what that representation takes. School officials respect our attorneys' reputation and experience, trusting that our attorneys are advocating for rights that disability laws clearly establish. Get the right help your student needs. Retain our premier Education Law Team.
Avoid Unqualified IEP Representation
Retaining unqualified IEP representation may do more harm than good. Local civil litigators, real estate lawyers, estate planners, and criminal defense attorneys generally lack the knowledge of disability laws, the skills necessary to effectively invoke school administrative procedures, and the experience to understand what school officials can and should do to serve your disabled student's best interests. Unqualified IEP representation can leave your student without the special education services, equipment, and accommodations your student needs to keep up or catch up on academic studies and standing.
Why Schools Fail to Meet IEP Requirements
Don't underestimate your challenge when trying to get the special education services your student needs. Your student's school likely has the federal funding for those services. That doesn't mean that the school wants to spend that funding. Your student's teachers may know how to accommodate your student. That doesn't mean that they are ready to take the time and put in the effort to do so. Your student's school administrators may know that your student needs a modified schedule and special equipment. That doesn't mean that those administrators will make an effort to change the schedules and order and install the equipment while training staff on how to use it. Your student's school district may have the resources and expertise, and Rhode Island state special education agencies may have the technical assistance. That doesn't mean that school officials will resort to those consultations, even though they are readily available.
Overcoming Rhode Island IEP Frustrations
You have likely already seen how the lack of special education services, equipment, and accommodations is impacting your student. You hate to see your student fall behind academically when catching up on academics is so hard to accomplish. Fortunately, you do not have to bear the burden of advocating for your student alone. If you lack the advocacy skills and special knowledge that most parents do, you don't have to go without. Our premier Education Law Team can help you communicate, negotiate, advocate, and, if necessary, litigate to obtain the special education services your student needs and deserves under state and federal disability laws.
Rhode Island School District IEP Representation
Rhode Island has a total of sixty-six school districts, or local education agencies (LEAs). About half of those school districts are traditional municipality-centered agencies. The remaining districts involve public charter academies, regional school districts, or state-operated specialty schools. Rhode Island school districts with stronger reputations and higher academic scores include the Barrington Public Schools, East Greenwich Public Schools, North Kingstown School District, Narragansett School System, Foster-Glocester Regional School District, Portsmouth School District, Cumberland School Department, Smithfield Public Schools, and Exeter-West Greenwich Regional School District. These and other school districts may very well have the technical expertise and special education resources your student needs if you have been unable to find those things in the local school. We can help you find the right school district officials to help your student acquire the needed special education services and accommodations.
Rhode Island's Commitment to IEP Implementation
Rhode Island's Department of Education recognizes the obligation of the state's schools to comply with federal disability laws if those schools are to receive the available substantial federal funding. The Department of Education offers abundant special-education resources to those schools through three state agencies. Those state-level agencies serving special education students include the Special Education Advisory Committee, Vision Education Services Advisory Board, and Transition Council. The Special Education Advisory Committee includes both state agency officials and school district representatives with responsibility for special education services. The Transition Council helps students with disabilities and their families navigate the transition into adulthood after school special education services end.
The Department of Education's special education committee, board, and council develop, publish, and distribute forms, guides, and other resources to help local schools provide appropriate special education services. Rhode Island's schools thus have substantial state-level administrative guidance to comply with federal disability laws. Rhode Island also establishes and funds its special education agencies for parents and their legal representatives to avail themselves of the same resources for enforcing student disability rights. Our attorneys can help you identify, reach, and communicate with the state officials who would be most helpful in resolving your student's IEP dispute with the local school.
Rhode Island Department of Education IEP Manuals
Rhode Island's Department of Education publishes two Individualized Education Program (IEP) Guidebooks for local schools to use when implementing IEPs. One guidebook addresses primary school students, while the other guidebook addresses secondary school students. Those two procedural manuals provide detailed guidance for identifying students in need of special education services, notifying parents, forming the IEP team, referring students for evaluation while gaining parental consent, conducting IEP team meetings, and other important steps in the IEP process. Our attorneys can invoke those manuals and their structure, forms, and processes to help you ensure that your student gets the special education services your student needs.
Rhode Island Department of Education IEP Eligibility Process
Not every struggling student can receive special education services, even if those services might make a difference. Instead, your student must generally prove eligibility for special education services under the federal IDEA law. The Rhode Island Department of Education's Individualized Education Program (IEP) Guidebooks help local school officials understand and apply that law, as a section below further describes. The procedure, though, must begin with clear notice to you so that you, as the disabled student's parent, can participate in the eligibility process.
Your student's school will generally refer your student for evaluation with your consent and then rely on the evaluator's diagnosis of disability and recommendations for special education services. If you do not agree with the report, you may request a referral to another evaluator at the school's expense, and you may then use the second evaluator's report to advocate for another diagnosis or other services. We can help you with that process, including identifying appropriate evaluators. The IEP team ultimately determines whether your student qualifies for special education services based on evaluation reports.
Rhode Island Department of Education IEP Process
As important as eligibility determinations are, they are only a first step toward adopting and implementing an IEP. The evaluation report is not an individualized education plan (IEP). It may only diagnose the disability and recommend the services. The IEP team decides what the services, equipment, and accommodations should be. You should receive clear notice of the school's intention to call an IEP meeting. You are the most important member of your student's IEP team. You have the right to attend all IEP team meetings. Your student's school should not be holding IEP team meetings without notifying you so that you can participate.
Once your student's IEP team adopts the plan at the meeting, the school must then distribute the plan to each teacher, specialist, staff member, and administrator who plays a part in the plan's implementation. Those individuals must adhere to the plan. They cannot ignore or change the plan without referring the change back to the IEP team for consideration. Your student's IEP team may meet to revise the plan. It must meet at least annually to review the plan. An annual meeting and revision of the plan would start the cycle of distribution and implementation over again for the new school year. We can help you ensure that the school follows mandated IEP procedures.
Rhode Island Department of Education IEP Team Meetings
You can see from the prior discussion that the IEP team meeting is a critical stage for your student getting the special education services, equipment, and accommodations your student needs. How, then, should you conduct yourself in an IEP team meeting? First, be sure to attend each IEP team meeting. If you are unable to attend because of other commitments, ask the school to change the meeting day or time so that you can attend. Second, listen carefully to everything that IEP team members say and discuss. Review every document they share at the meeting, requesting copies if you need more time to review or wish to share the document with other family members, professionals, or supporters of your student. Third, participate in team discussions. Share your insights, observations, and opinions. You know your student best. Give the IEP team the benefit of your wisdom. Don't let other team members silence, intimidate, or overlook you, even though they are education professionals and you may not be.
IEP Team Representation
If you find that you are not advocating effectively for your student, retain us to help. The outcome of your student's IEP team meeting will determine, at least in the first instance, whether your student gets the help your student needs. You may find that you are simply not up to the task of advocating, whether because of your personality, skills, knowledge, or time constraints. But if special education services are important to your student's academic and other development, you should be getting our help. We may be able to attend your student's IEP team meeting. IEP teams sometimes welcome attorney representatives. Even if not, we may be able to communicate with school officials, including IEP team members, so that they understand your student's needs, expectations, and rights.
IEP Team Members
Your student's school may not just pick and choose IEP team members to reach a predetermined decision. Instead, the federal IDEA law requires that your student's school include you, your student, your student's regular classroom teacher, and your student's special education teacher on your student's IEP team. School principals, assistant principals, special education coordinators, or directors often also attend IEP team meetings. Administrators can help arrange for and coordinate services. IEP team members may decline to participate, especially if the subject on the table does not involve their area or expertise.
You and your student may decide whether your student has the time, maturity, and insight to make your student's attendance at an IEP team meeting appropriate. Obviously, very young students would not ordinarily attend. The team may also invite other specialists and professionals, perhaps even an evaluator, to attend if their views would be helpful. Don't just show up. Instead, ensure that your student's school invites the right people. When appropriate, suggest those who should attend.
Federal Laws Rhode Island's Department of Education Follows
The Individuals with Disabilities Education Act (IDEA) is the specific federal law that mandates individualized education plans (IEPs) for qualifying students with a disability. The IDEA law applies to all schools receiving federal funding, including both public and private schools. The IDEA law requires that those schools provide all students, including especially students with a disability, with a free appropriate public education (FAPE). The IDEA law lists the types of special education services the school must provide for qualifying students. The IDEA law also lists the assistive devices and equipment a school must offer disabled students who need those devices or that equipment to enjoy a free appropriate public education. We can help you enforce these federal rights for your disabled student.
Qualifying as Disabled for Special Education Services
Not every disability will qualify a student for special education services. The IDEA law instead lists the specific disabilities that a student must have to qualify for an IEP and the IEP's special education services. The IDEA law's specific list includes only impairments to hearing, speech, vision, or cognition, emotional or orthopedic impairments, autism, and brain injury. However, the IDEA law further recognizes “similar health impairments and learning disabilities.” Your student may thus qualify for an IEP and special education services without a disability on the list if, nonetheless, having a similar impairment or disability.
Special Education Services Without a Qualifying Disability
Just because your student does not presently exhibit a qualifying disability or have a diagnosis of a qualifying disability in hand does not mean that your student won't get special education services. Some schools provide services to struggling students when they think those services will help, even before the student has a qualifying disability diagnosis. You may always advocate for such services and accommodations, even if your student may not presently have the legal right to enforce your requests and demands. Your advocacy on your student's behalf may also lead the school to refer your student for evaluation. If the evaluation does not result in a qualifying disability diagnosis, you may request another evaluation that may do so despite the opposite conclusion the first evaluator reached. Such evaluations can be more a question of art and interpretation than pure science. Your student may just need a more sensitive and skilled evaluator. Let us help you ensure that your student has every chance to qualify.
Other Federal Disability Laws Rhode Island's Department of Education Recognizes
The above IDEA law is not your student's only chance to qualify for special education services and accommodations. Rhode Island's public schools must also implement two other federal disability-rights laws, either one or both of which may give your student needed accommodations.
Title II of the Americans with Disabilities Act
The Americans with Disabilities Act, known as the ADA, is the first of those other disability-rights laws. Title II of the ADA prohibits disability discrimination in schools receiving federal funding, which means virtually all public schools and many private schools. Those schools must not discriminate based on disability, meaning that they must not deny educational access just because a student is disabled. ADA claims often involve building modification or equipment purchase allowing wheelchair access and services or equipment for the visually impaired or hearing impaired. We can help you pursue federal ADA rights, along with IEP rights.
Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 also prohibits disability discrimination. Section 504 does more than simply repeat the requirements of the ADA or IDEA law. Section 504 was among the first of the disability-rights laws. Your student's school officials may still maintain a practice of offering a 504 plan to any student appearing to need the help of one kind or another to access school activities. Your student's Section 504 rights can extend well beyond your student's IDEA law rights or provide rights if your student does not qualify under the IDEA law. We can help you pursue Section 504 rights.
Rhode Island Special Education Laws
Rhode Island's legislature has adopted legislation, codified in Rhode Island Code Sections 16-24-1 et seq., addressing the state's federal obligations to qualify for federal funding for special education services. The Rhode Island special education statutes authorize the Department of Education to adopt rules and regulations furthering the interests of students with disabilities and qualifying local schools for federal funding for special education services. The statutes also require local schools to form a special education committee to carry out state and federal mandates within the school. The statutes also provide for distributing state and federal funds to support special education. You have additional state law in your back pocket to support your student's federal law rights. We can help you advocate for your student under those state laws.
Rhode Island Department of Education IEP Administrative Rules
Rhode Island's Department of Education has adopted administrative rules and regulations further carrying into effect the federal and state disability-rights statutes. Rhode Island's special education administrative rules are at 200 Rhode Island Administrative Code Sections 20-30-6. The administrative rules restate the school district's general special education requirements, the special education eligibility requirements, the referral and evaluation process, the IEP process, and a process for resolving disputes between parents and the local school officials adopting and implementing the student's IEP. We can help you identify and enforce your student's special education rights under these Rhode Island administrative rules.
Rhode Island Administrative Rules for IEP Dispute Resolution
One of the above administrative rules, 200 Rhode Island Administrative Code 20-30-6.8.1, details the dispute-resolution procedure if you and your student disagree with the school's disability determination or the special education services the school is willing to offer. The due process procedures include your right to mediation, a formal hearing, and, if necessary, an administrative appeal of an adverse determination within the dispute resolution procedure. The rules also provide for limited court review. We can help you and your student invoke these procedures so that your student has the best possible outcome.
Premier IEP Representation Across Rhode Island
The Lento Law Firm's premier Education Law Team is available in Providence, Warwick, Cranston, Pawtucket, East Providence, Woonsocket, Cumberland, Coventry, North Providence, South Kingstown, West Warwick, and other Rhode Island cities and towns to represent your student in school disputes over IEP rights and disability services. Call 888.535.3686 now to tell us about your student's case, or complete this contact form.
