No two students learn the same way. When a student has a disability of any kind, they require specialized learning plans, unique assessment techniques, and a range of other accommodations to promote their success. Too often, though, disabled students in North Dakota do not receive the resources they need.
Make no mistake: If your student has one or more disabilities, they have rights prescribed by federal law and North Dakota statutes. It is one thing to have rights. Ensuring educators and administrators implement these rights consistently is a whole other challenge.
If you believe your student deserves accommodations they have yet to receive, an attorney from the Lento Law Firm's Education Law Team will work to secure those accommodations. We also help resolve disputes regarding the treatment and discipline of students with disabilities. Our team has a breadth of knowledge and experience specific to special education, so allow us to serve both you and your student.
Call the Lento Law Firm's Education Law Team today at 888.535.3686 or contact us online to discuss how we can assist you and your student.
What Does "Special Education" Refer To?
We do not have to guess what "special education" means, as the U.S. Department of Education provides a clear guideline for what does (and does not) qualify as special education. Such education is:
- Designed for students with a wide range of disabilities, including those that impose physical, cognitive, and behavioral limitations
- Meant to meet the specific needs of each student and reflect the unique aspects of each disability
- Inclusive of in-classroom instruction, vocational training, travel training, and a range of other instruction types
- Meant to impose no financial cost on the student or their guardians
- Guaranteed to K-12 public school students under federal statutes
Special education looks different for every student, as no two students are exactly alike. Educators and administrators must make good-faith efforts to provide special education, working with the student and their guardians in the process.
Federal Law Protects Students with Disabilities in North Dakota
Special education is not a suggestion or a loose mandate. Multiple federal statutes guarantee your student the right to a free appropriate public education (FAPE) that includes special accommodations for disabilities.
The Individuals with Disabilities Education Act (IDEA) is the most detailed, important legislation guaranteeing your student a special education in South Dakota. The IDEA covers a range of accommodations that may be relevant to your student, including:
- Disability identification: The IDEA provides protocols for identifying students with disabilities, diagnosing their needs, and ensuring that those students receive the services and accommodations they require.
- Accessibility: Accessibility refers not just to physical access to facilities but also to ensuring that a student can access educational documents, resources, and other aspects of their learning process.
- Early childhood learning: Disabled students often require early intervention to ensure they can participate meaningfully when they enter the learning environment of their peers. The IDEA accounts for such early intervention services and affords students younger than K-12 a host of rights.
- Special assessment methods: The means of assessing your child must reflect their unique symptoms and limitations. The IDEA ensures your student's right to be evaluated in a fair, specialized manner consistent with their disabilities.
- Discipline and behavioral support: Discipline is one of the most common points of contention between guardians and educators (or administrators). The IDEA provides clear guidelines for the proper means of addressing behavioral issues affecting students with disabilities.
- Accommodations for disabled students in private schools: While many federal statutes specifically address students in public schools, there are also provisions for ensuring private school students receive appropriate accommodations for their disabilities.
- Secondary transition: Part of special education is ensuring students with disabilities can transition seamlessly to the next stages of their life. Federal statutes afford your student the right to transitional services, and we will work to ensure they receive those services.
- Virtual schooling: Remote education has become increasingly common, posing challenges for students with disabilities. If your student learns in a remote capacity, the rights afforded in the IDEA apply to them.
This is just a snapshot of the many rights and resources guaranteed to South Dakota students under the IDEA. The Lento Law Firm's Education Law Team is familiar with the many federal statutes and programs designed to benefit disabled students, and we will refer to those statutes as we seek a resolution to your student's issues.
North Dakota Law Further Cements Your Student's Rights
North Dakota Century Code Chapter 15.1-32 contains several statutes relevant to students with disabilities. These statutes include:
- Section 15.1-32-12 - Multidisciplinary teams - Individualized education programs - Services plans
- Section 15.1-32-17 - Extended educational program
- Section 15.1-32-02 - Coordination of special education policies and programs
- Section 15.1-32-06 - Director of special education
- Section 15.1-32-14 - High-cost students
The rights afforded your student by North Dakota statutes generally reflect the IDEA and other federal statutes. We can cite both federal and state statutes as we serve you and your student.
Our attorneys are familiar with both federal statutes of North Dakota laws governing the rights of disabled K-12 students. Our familiarity with these laws could prove beneficial as we seek solutions that will position your student for short- and long-term success.
Special Education-Related Terms You Should Be Familiar With
The jargon surrounding special education can be confusing and could potentially deter you as you seek fair treatment for your student. Some common terms we come across when serving disabled students include:
● Individualized education program (IEP): Individualized education plans (IEPs)are the bedrock of any special education program. These programs detail the student's disability and needs. North Dakota Century Code Chapter 15.1-32-12 notes that a multidisciplinary team, along with medical professionals and the student's guardian, will collaborate to ensure the IEP is consistent with the student's needs.
- Accommodations: Concerning special education, accommodations include "Changes in format, response, setting, timing, or scheduling" that can allow a student greater odds of success. Such accommodations can include aides in the classroom, specialized learning and testing materials, and many other measures.
- Free appropriate public education (FAPE): When someone refers to a free appropriate public education in regard to a disabled student, they mean an education that is specialized and cost-free for the student's guardians. Your student is entitled to a FAPE thanks to IDEA, which governs North Dakota.
- Functional Behavioral Assessment (FBA): Students with behavioral disabilities may need an FBA. This assessment may formally diagnose the student's behavioral limitations and help determine the resources they need in an educational setting.
- Individual Transition Plan (ITP): This is a plan included in the student's IEP. The goal of this plan is to outline the student's transition needs and the responsibilities of educators and other caretakers in meeting these needs.
- Least restrictive learning environment: Every disabled student has a right to learn in an environment of their peers, to the extent that the disability allows for it. Therefore, unnecessarily isolated students in an educational environment are being treated unjustly.
You may encounter countless other technical terms when discussing your student's special education. Our team will help remove confusion from the process, as we are well-versed in the language surrounding students with disabilities.
Who Can Receive Special Education and Accommodations in North Dakota?
If your student has any diagnosed disability, they are likely entitled to special education and related resources. Some of the common conditions that require a student to receive special education are:
- Multiple disabilities
- Attention deficit hyperactivity disorder (ADHD)
- Hearing impairment, including but not limited to deafness
- Intellectual disability
- Orthopedic impairment
- Traumatic brain injury (TBI)
- Visual impairment, including but not limited to blindness
- Emotional disability or disturbance
- Autism spectrum disorder
- Speech or language impairment
If your student's disability is not on this list, do not assume they're ineligible for special education services. Instead, speak with our team about the challenges your student is facing, and we can advise you about the options for securing a resolution.
Specific Accommodations We Can Seek for Your Student
Your attorney from the Lento Law Firm will learn about your student, the challenges they face, and the resources you believe they need. We will also work with qualified experts to evaluate your student and provide their own insights about how to improve their special education.
We may seek an array of services and accommodations, potentially including:
An Updated IEP
The IEP is the point of reference for your student's education, vocational training, discipline, resources, and general treatment. Your student's IEP may need to be updated if it:
- Does not reflect the current state of your student's disabilities or symptoms
- Does not include all of the resources your student needs to improve their behavioral, physical, or educational outcomes
- Does not include your input as the student's guardian
- Does not clearly spell out how educators and administrators should aid and relate to your student
Our team has helped many clients make necessary changes to their students' IEPs. We know the sort of details these documents should include, what level of involvement you should have in crafting the IEP, and how to instigate necessary alterations to the IEP.
In-Class Resources
The classroom is where many disabled students struggle most. A host of resources may help your student succeed in the least restrictive learning environment. From in-class aides to specialized learning materials, we will work to implement in-class resources that your student needs.
Online Resources
There is a plethora of digital resources for students with disabilities. These resources include:
- Remote instruction and tutoring
- Text-to-speech tools for remote learners
- Social-emotional learning resources
- Videos catered to your student's unique lessons and learning needs
Your student's educators may be unaware of certain tools or may have been hesitant to implement these tools (despite the possibility they would help your student). We will demand that your student receive all of the remote learning resources to which they are entitled.
An Alternate Assessment Framework
Every student undergoes evaluations, but standard testing and evaluation metrics do not always work for disabled students. We will work with you, your student's educators, and our own experts to establish an evaluation framework that works for all parties.
A Clearer Disciplinary Protocol
It is critical that when behavioral issues arise, authorities:
- View the student's behavior through the lens of their disabilities
- Exercise compassion and understanding when communicating with the student
- Take the least restrictive tack in disciplining the student
- Inform you of any disciplinary issues and related disciplinary measures affecting your student
There should be no ambiguity in how your student is disciplined. Our team will work to implement clear expectations for the treatment of your student, including circumstances where discipline may be necessary.
Assistive Technologies
If any technologies will improve your student's learning experience or outcomes, we will identify those technologies and argue for their inclusion in your student's education.
How an Attorney from Our Education Law Team Can Assist Your Student
Caring for a student with disabilities can be overwhelming, but you are not alone. If you have reached an impasse in trying to achieve better learning conditions for your student, the Lento Law Firm will:
- Ensure your student is evaluated for all of their current disabilities
- Identify the current shortcomings that are impeding your student's success
- Develop a clear plan of action with specific goals that will improve your student's outcomes
- Collaborate with your student's educators in pursuit of suitable resolutions
- Take legal measures, if necessary, to achieve our goals
Our attorneys have extensive experience helping students with disabilities, so allow us to assist you.
Call the Lento Law Firm Today to Discuss Our Services
There is no time to wait if your student is enduring a sub-par educational experience. Call the Lento Law Firm's Education Law Team today at 888.535.3686 or contact us online to discuss how we can assist you and your student.
