The United States Constitution's 14th Amendment, or Equal Protection Clause, demands that all American children are given equal opportunity to pursue a public education – regardless of race, sex, ethnicity, citizenship, or socio-economic status. It offers those same protections to students with disabilities.
At the federal level, there are two major pieces of legislation that help ensure students with intellectual, educational, or physical disabilities have access to public education resources. The first is the Americans with Disabilities Act (ADA). The ADA was designed to eliminate barriers that may make it harder for individuals living with disabilities to work, travel, and communicate – as well as partake in public education services. The ADA requires that public schools, as public entities, “administer services, programs, and activities in the most integrated setting appropriate to meet the needs of qualified individuals with disabilities.”
The second law that helps ensure students with disabilities can fully participate in the public education system is the Individuals with Disabilities Education Act (IDEA). IDEA takes the ADA one step further, guaranteeing that students with disabilities are not only offered a “free appropriate” public education, but that such an education is tailored to their specific needs. It's this law that provides students with the necessary accommodations and supports to particulate in public schooling.
Finally, there are also protections offered by Section 504 of the Rehabilitation Act of 1973. This was one of the first anti-discrimination laws protecting people with disabilities. It holds that public school districts must provide free appropriate public education (FAPE) to students who are diagnosed with a physical or mental impairment.
There are also a variety of state, county, and local laws that may offer additional protection and support to students with disabilities – starting in kindergarten and even continuing through university and graduate schools. Those laws depend on which state and county an individual student happens to live in. That's why it's so important that parents and students who reside in the Denver metropolitan area are aware not only of what ADA and IDEA offers – but what kind of accommodations and educational services the state of Colorado and their local area support, too.
It's important to understand that laws like the ADA, IDEA, and even many state and local laws only apply to public schools. Because of the 14th amendment – and the fact that public schools are funded by federal tax dollars – they must give each student equal opportunity to a fair and appropriate education. These laws, however, are not applicable to private schools. Many such institutions have their own policies to provide support to students with disabilities – but they are not bound by the same laws that public schools are.
Despite the legal protections in place, far too often schools will not provide students with the support they need to successfully progress in the public education setting. If that occurs, parents must advocate for their children – and stand up to the schools who are letting their children down. The good news is that they do not have to do so alone. The Lento Law Firm has vast experience working with school districts, as well as colleges and universities, across the country. They help you fight to ensure your student has the tools and support they need to get the most out of a public education.
Denver Metropolitan Area
The Denver metropolitan region is one of the fastest growing areas in the country. The current population of this bustling Colorado mountain town is approximately 2,931,000 – and is only expected to grow over the coming decade. Some of the counties in the area include:
- Denver County
- Arapahoe County
- Jefferson County
- Adams County
- Elbert County
- Gilpin County
- Douglas County
- Park County
- Broomfield County
- Clear Creek County
The area is also home to several popular suburbs and neighborhoods. These include:
- Aurora
- Lakewood
- Arvada
- Colorado Springs
- Bow Mar
- Broomfield
- Castle Pines
- Golden
- Centennial
- Cherry Hills
- Castle Rock
- Englewood
- Highlands Ranch
- Littleton
- Roxborough
- Louisville
These counties and suburbs vary offer both urban neighborhoods as well as more secluded, rural settings. All pride themselves on strong public school systems, following the required federal, state, and local legislation to support students with disabilities.
Yet, given that the residents of these areas may come from a wide variety of different socioeconomic backgrounds, not all school districts, or even all schools within the same district, apply these laws evenly. It's possible that each district has their own governing policies regarding disability accommodations and support. It's important, as a parent and advocate for your student, that you know the specifics for each school so you are aware of what the law provides for you – and where your school district could use improvement.
Denver Area Colleges and Universities
The Denver Metropolitan region is also home to a wide variety of colleges and universities. Perhaps the most well known is the United States Air Force Academy, one of the country's prestigious military service academies, in Colorado Springs. But the Colorado School of Mines, located in Golden, is a renowned engineering institution. There is also the University of Denver and the University of Colorado at Denver, as well as dozens of other community colleges and vocational schools.
Even colleges and universities are expected to follow federal and state law, yet they may have more flexibility in how they apply their policies to support students with disabilities. For example, these schools do not have to follow IDEA, as it only applies to students in kindergarten through high school. Thus, individualized education plans (IEPs), discussed below, are also not required, even when they may benefit both the student and the institution.
You may wonder why there are such differences. The answer is, for the most part, age. By the time your student is a legal adult, parents have no legal position to act as an advocate on their behalf. It's expected that they can advocate for any necessary accommodation or support for their disability.
Understanding Your Students' Rights and Protections
ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973 make it mandatory for public schools to provide students with disabilities with resources, accommodations, and other supports to help them complete K-12 education. That's why these laws provide more direction to K-12 schools about mandates than to institutions of higher learning. It's important to understand what these laws do and do not offer students. For example:
Free Appropriate Public Education (FAPE) applies to all children in the United States, even those without disabilities. That said, FAPE supports the addition of other services and programs for students with disabilities enrolled at public schools at no extra cost.
Individualized Education Programs (IEPs) are educational plans that are collaboratively developed between educators, school administrators, educational specialists, parents, and, under certain circumstances, the student to determine what accommodations or resources are required to help the student succeed. IEPs can be created for children in pre-k – and are usually revised as the student progresses through the educational ranks.
Reasonable Accommodationsare the adaptations that schools will undertake to provide any student with disabilities with the same quality of education as all other students. It's important to note that schools are not required to provide all potential accommodation that might help a particular student with a disability. The word reasonable is here for a reason. Schools have the power to consider the expense, staffing requirements, and other resources to determine what they can and cannot reasonably offer.
Least Restrictive Environment (LRE) guidelines support the idea of “mainstreaming” children with disabilities or putting them in regular classrooms to allow them to become a part of the school community. To provide LRE, school districts may provide certain accommodations, including extra time to take tests or an aide to provide extra support. How and where LRE is applied depends greatly on the best interests of the student – and what particular schools can reasonably provide.
Colorado State Law
The state of Colorado not only supports the full and appropriate application of ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973, it also has additional laws on the books to support the education needs of students with disabilities.
Exceptional Children's Education Act
In 2022, the state of Colorado updated its state law, the Exceptional Children's Education Act (ECEA), to provide more specific guidance about how public schools are to implement IDEA guidelines for students between the ages of 3 and 21.
The law is known for providing guidelines for helping to identify and provide additional educational services to gifted and talented students. But the newer iteration also includes important information about what the state expects from schools when supporting children with hearing issues, autism spectrum disorder, emotional disabilities, physical disabilities, or multiple disabilities.
The Protection of Individuals from Restraint and Seclusion Act
This act provides students with disabilities protection from methods or devices that have, in the past, been used to restrain intractable students – including those with disabilities. The law includes a detailed description of what adaptive devices and tools can be used in the public school system – and which are not permitted.
Supportive Learning Environments for Colorado Students
Following the passing of the Protection of Individuals from Restraint and Seclusion Act, the Colorado General Assembly also put forward a new bill mandating school districts to collect data on the number of students who are restrained – and under what circumstances. It also increases the number and type of restrictions that govern where, when, and how students, including students with disabilities, can be restrained.
Colorado Department of Education
The Colorado Department of Education (CDE) provides guidance, resources, and support to more than 855,000 students across the state's 178 school districts – including those in the greater Denver metropolitan area. They are also responsible for providing structural and administrative support to schools designed for specific disabilities, including the Colorado School for the Deaf and Blind.
Based on the wide variety of needs for students in the aera, the CDE works with schools across the state to provide appropriate accommodation and support for children with disabilities. They have a state-specific frequently asked questions (FAQ) list on their website to help answer common questions about special education services.
Office of Special Education
The CDE also houses a specific Office of Special Education which administers the ECEA and IDEA for students with disabilities across the state. They provide guidance, resources, and training for educators and administrators – as well as ensure that school districts are meeting the mandates for all special education-related laws. For example, in 2022, when the CDE discovered that the Denver Public School System, the largest school district in the state, had assigned male African American to affective needs centers, separate classrooms for students with emotional disabilities, without proper evaluation or monitoring, the Office of Special Education stepped in to remedy the situation.
Other school districts in the state have failed to meet the requirements of federal and state laws including:
- Improperly developing IEPs
- Not working to place students in LREs
- Not communicating with parents or families about a student's eligibility or need for reevaluation
- And lack of training or oversight to provide special education services.
Unfortunately, the CDE and Office of Special Education do not have the ability or resources to monitor every school and every teacher across the state. Far too often, school districts – especially smaller districts – fail to document what accommodations are or are not given. That means there is a lack of evidence to demonstrate whether the school district failed to provide the appropriate support. In such cases, without parents advocating for students directly, any problems may be overlooked.
If your child is a student with a disability at Denver Public Schools or at another school district in the state of Colorado that is failing to provide the appropriate FAPE or IEP, the time to act is now. Engage qualified legal counsel like the Lento Student Defense Team to fight on your behalf.
Your Child Has a Right to an Education
Your child, regardless of any disability, has a Constitutionally mandated right to a free, appropriate public education. The state of Colorado has also ruled that school districts must put students in the least restrictive learning environment to help them achieve their goal of educational attainment. Far too often, however, students are needlessly left behind.
You want to protect your child's rights – and see that they get the best possible education they can. If you live in the greater Denver Metropolitan area, you may not be aware of the relevant federal and state laws governing special education. That's why you need an experienced Student Defense attorney to guide you. When you know all the available laws and services in your area, you are in a better position to fight for your student's rights.
The Lento Law Firm is a premier National Education Law Firm, with vast experience protecting the rights of students with disabilities. These compassionate, skilled, and experienced advocates are standing at the ready to ensure your student gets the education they deserve. Call the Lento Law Firm (888) 535-3686 or reach out to us online day to receive a free consultation. Your student deserves nothing less.
