Students who have special needs in Oregon State face misconduct allegations, as do their differently abled peers. However, when a student with special needs is facing a school's complex disciplinary process, the challenges standing between them and a good outcome may be unfairly significant. Helping them navigate intertwined educational policies, student rights, and state laws can be difficult (and certainly requires a delicate, knowledgeable legal approach).
Federal laws like the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) give students with special needs specific rights in school settings—as do several Oregon-specific regulations. However, just because these laws exist doesn't mean your school will adhere to them perfectly.
The Lento Law Firm's Student Defense Team has years of experience defending students with special needs from labyrinthine educational disciplinary systems. Whether your student is in grade school or college, we're ready to fight for their rights and help you advocate for the accommodations they require.
For immediate support, contact the Lento Law Firm today at 888.535.3686. Alternatively, you can fill out this brief form to tell us more about your case.
Oregon Students Special Needs Accommodations and Misconduct Allegations
In Oregon, there are many conditions that a student could live with, which could affect a student's ability to learn. These could include learning disabilities, cognitive challenges, physical disabilities, and emotional disturbances. The state recognizes these conditions, both across K-12 systems and institutions of higher education. To help students with special needs access the education to which they are entitled, schools in Oregon are required to give certain accommodations.
These accommodations may include (but are not limited to):
- Individualized Education Plans (or IEPs) and 504 Plans
- Assistive technology
- Extra time on tests
- Modified assignments
- Helpful seating assignments
- Behavioral supports
- Communication supports
- Physical accessibility
- Therapy services
…or any other assistive devices, support systems, or strategies that could help level the playing field for a student with special needs. If your student has benefited from any of these or similar services in the past, you know that they can be life-changing when implemented correctly.
Unfortunately, the fact that your student has a right to these reasonable accommodations does not mean everyone will understand them. There are some situations in which your student's use of an accommodation could lead to allegations of misconduct.
What Types of Misconduct Allegations Do Students with Special Needs Face?
Much like their peers, students with special needs may face several types of misconduct allegations. Some of the most common include:
Academic misconduct: This type of misconduct centers on cheating, plagiarism, or any other action that could give your child an unfair edge. People may misconstrue your child's fair accommodations as attempts at cheating, for example.
Behavioral misconduct: This category of misconduct deals with actions on the part of your child that could be seen as inappropriate or disruptive. Sometimes, children with special needs are accused of behavioral misconduct due to misunderstandings about their abilities—or misinterpretations of their attempts at navigating social situations or applying self-regulation techniques.
Sexual misconduct: Students with special needs can be accused of sexual misconduct, too. Understanding social boundaries and consent is critical for anyone, of course—but when a student makes an innocent mistake, it's easy for situations to blow wildly out of proportion. Your student could face a serious allegation without knowing what's happening.
When these events occur, it's critical to take them seriously. Even mild-seeming events can spiral into big, consequential disciplinary actions. And, if your child nets disciplinary consequences (even if they're wholly undeserved), that could affect your student's ability to access the education they require both now and in the future.
How Does Oregon Help Students Move Through School-Specific Adjudication Scenarios?
In Oregon, students with special needs enjoy many protections under both state and federal laws. At both levels, these laws are in place to ensure that students with disabilities are able to access a free and appropriate public education—or FAPE—in the least restrictive environment possible.
Relevant Federal Laws
At the federal level, there are two major laws that could influence your student's schooling experience.
IDEA, the Individuals with Disabilities Education Act, requires public schools to create Individualized Education Programs for eligible students with special needs. Each student's unique program will include a variety of accommodation and support structures. These IEPs do more than just connect children with the specific support they need: In a misconduct setting, they should spell out in no uncertain terms whether a student's accommodation was planned and required or not. (This can be very helpful if, for example, someone is accusing your student of cheating because they got extra time on a test.)
The ADA, or the Americans with Disabilities Act, applies in both public and private educational settings. It prohibits discrimination against students with special needs and paves the way for students with disabilities to have equal access to educational opportunities. This may require reasonable accommodations to be in place for a student to enjoy that equal access.
State-Specific Protections for Your Child
In Oregon, there are additional protections that are meant to complement the federal laws. It's mandated, for example, that all educational institutions from kindergarten through college accommodate the needs of students with special needs.
While your student is in grades K-12, Oregon schools follow IDEA regulations. The state has additional regulatory language in place that governs the specific timelines that schools must follow when evaluating students for special education (to ensure that delivery of support is as timely as possible), as well as parental involvement guidelines and rules for peaceful dispute resolution. We'll talk more about dispute resolution in a moment.
When your student goes to college, the rules may change a bit. Universities in Oregon are required to comply with the ADA through their administration's disability services office. While there is no formal requirement for an IEP, these offices create similar accommodation plans to help provide support and prevent potential misunderstandings.
The Role of the Lento Law Firm
Figuring out the protections that your student has a right to will be challenging—as will advocating for the application of those protections, especially if you're new to your school's community. That's why the Lento Law Firm is here to help you ensure that your student receives the accommodations that they're entitled to and that any IEP that your child receives is in accordance with the law. If you have doubts about the way that your school is implementing your child's IEP, questions about the language in your IEP, or need to field accusations from people who do not understand your child's needs or how your school is meeting them, the Student Defense Team from the Lento Law Firm will be able to help you and your family pursue peace and justice.
What Happens if a Student with Special Needs in Oregon is Accused of Misconduct?
If a student with special needs is accused of misconduct, the school's response needs to be fair and timely. It also needs to align with both state and federal regulations to ensure that the school is giving the student full protections and accommodations throughout the adjudicative process—but isn't ignoring the rights of any other students who may be involved in your student's alleged misconduct.
Your school's first inclination, if it decides that it needs to pursue the allegations against your child, will likely be to learn more about what happened. As is the case with every misconduct investigation, this will involve gathering evidence and speaking with witnesses. However, if your child has an IEP, part of this information-gathering process may include having a manifestation determination review.
A manifestation determination review gathers together the parents, educators, and legal representatives of a student with special needs to help determine whether a student's alleged misconduct is related to their disability. The outcome of this meeting can have a serious impact on the course of the disciplinary action. In some cases, for example, the student's IEP could get altered because of the allegations at hand. In other cases, the proposed punitive measures associated with the accusations could be substituted with more supportive measures because of the IEP.
What happens in that meeting matters, but it will likely be very difficult to know how to advocate for your student most effectively. You'll be panicking, and your options will be cloaked in legalese. Having the Lento Law Firm at your side during any manifestation determination reviews that occur is the best way to work toward a successful outcome for your child.
How to Get Help If Your Oregon Student With Special Needs is Accused
If you're looking at a sternly worded email sent from your school or holding a misconduct notice that one of your educators sent home with your student, there might be a lot going through your head right now. You might instantly be wondering what's at stake—and how you're going to protect your student from harm.
First, breathe. As long as you have our team on your side, you'll be poised to work toward the outcome you and your family deserve from day one.
Here's what we'd recommend doing as soon as you know your student will be the center of a misconduct investigation.
1. Request a written statement. If you don't already have one, request a written statement of the allegations against your student from your school. (This would be applicable if, say, your student's educator calls you or your student verbally communicates that their educator said something.)
2. Contact the Lento Law Firm. Having our team involved early can help you keep your student's experience as positive as possible. Our team is experienced in deft negotiations with educators and administrative teams. We can also reach out directly to your school's Office of General Counsel to speak to your school's lawyers about options for moving forward.
3. Schedule a manifestation determination review. Insist on this meeting, even if your school doesn't proactively schedule it. If your student has an IEP, this meeting could have a significant impact on the way your student's disciplinary experience plays out. The Lento Law Firm will be happy to attend this meeting, or if your school does not allow outside legal representation, we will prep you for this meeting and help you with any action required immediately after it.
4. Gather support. As you're preparing for your manifestation determination review or any other meetings that your school has scheduled in relation to your student's alleged misconduct, compile all relevant documentation. This could include documentation about your student's needs and accommodations, any past incidents, psychological evaluations, school communications, medical records, and more. You may also be able to collaborate with educational consultants and psychologists to compile a strong basis for your defense strategy. The Lento Law Firm's Student Defense Team will help you determine what preparation work will be most helpful at this time.
5. Follow-up. After your student's manifestation determination review, you'll need to make sure that your school implements any changes that you've agreed upon to support your child, whether those changes apply to their current disciplinary experience or their wider academic experience. If you find that the outcome of this meeting is not satisfactory, the Lento Law Firm can help you with any further negotiations or appeals that are necessary.
Retain the Lento Law Firm's Student Defense Team Today
If your student with special needs requires robust protection and decisive defense strategies today, don't delay. The Lento Law Firm has years of experience helping students with special needs work toward successful outcomes. Whether you live in Oregon or anywhere nationwide, our team is ready to assist you with IEP questions, representation during disciplinary hearings, consultations on education rights, and more.
To retain the premier services of the Lento Law Firm's Student Defense Team, call us immediately at 888.535.3686. Alternatively, you can fill out this brief form to tell us more about your case, and we'll be in touch with you in a timely manner.
