Are you the parent of a child with special needs or a relevant disability in the Birmingham metropolitan area? Whether they attend Homewood City School District, Bessemer City Schools, Leeds City Schools, Shelby County Schools, or any other district in the area, your child has certain rights under the law.
That doesn't mean a school district will always honor those rights properly. Do you believe your child hasn't received the support a school district is legally required to provide to its special needs students? Or, do you suspect your child has been the victim of unfair discrimination?
In either case, reviewing the matter with a legal professional can help you better understand how you may pursue justice in these circumstances. At the Lento Law Firm, our Education Law Team is prepared to offer the assistance you and your child deserve when a Birmingham metro area school district is violating their rights. Learn more about what our Birmingham metropolitan area special education attorneys can do for your child by submitting your information via our online contact form today or by calling our offices at 888-535-3686.
Understanding the Rights of Special Education Students in Alabama's Birmingham Metropolitan Area Under IDEA
The Individuals with Disabilities Education Act (IDEA) originally began as the Education for All Handicapped Children Act (EHA), signed into federal law in 1975. IDEA ensures eligible children with disabilities throughout all 50 states have access to a free and appropriate public education.
For students with disabilities, this can mean having access to the resources necessary to facilitate learning. Generally, IDEA guidelines state that public schools must do the following:
- Identify and evaluate any students who may have disabilities
- Offer special education services to students of an appropriate age to attend the institution
- As much as is reasonably possible, allow special education students to receive their education in the same classrooms as other students
- Create an Individualized Education Plan (IEP) for every student with a disability
An IEP can play a significant role in a student's success. Ideally, it's designed to accommodate their needs and identify academic goals they may reasonably achieve.
Whether your child attends Birmingham City Schools, Hoover City Schools, Jefferson County School District, or any of the other districts in the Greater Birmingham area, if you believe a school isn't providing services IDEA requires, help is available. The Lento Law Firm Education Law Team is available to review the matter and determine if legal action is warranted.
Laws Prohibit Discrimination Against Greater Birmingham Special Education Students
Along with IDEA, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 also establish certain legal rights and prohibitions that apply to special education students in public schools. Section 504 applies to any school receiving federal funding, while the ADA applies to almost any institution, with the exception of private clubs and churches.
Both laws prohibit schools from discriminating against students with special needs. In addition, Section 504, much like IDEA, requires schools to reasonably accommodate the needs of students with disabilities so they may have a fair chance of achieving academic success.
It's not always clear when a school has failed to live up to this responsibility or has engaged in illegal discrimination against a student. If you suspect your child's rights have been violated, speak to a member of the Lento Law Firm Education Law Team, serving communities throughout the Birmingham Metropolitan Area, to learn more about potential options.
Common Issues Greater Birmingham Special Education Students May Face
School districts can violate the rights of special needs students in many ways. The following are just a few common examples:
- IEP issues: The process of identifying a child who requires an IEP, developing an appropriate IEP for said student, and implementing the IEP so that it's most likely to achieve its intended goals involves many steps. Any number of errors can result in a student not receiving the support they need. Sometimes, schools simply fail to identify when particular students require IEPs. Even if a district identifies the need for an IEP, it may implement the plan ineffectively.
- Academic progression difficulties: A student with special needs may naturally face difficulties that other students don't necessarily face. Sometimes, however, these students struggle to progress academically in a manner that suggests their schools aren't providing them with the support they need. If your child has special needs and isn't progressing in school according to plan, this might be due to a failure on the part of the district.
- Disciplinary issues: Educators need to exercise fairness when disciplining students. To the best of their abilities, they shouldn't single out students and should instead strive to discipline all students according to the same standards and expectations. This doesn't always happen, with educators and districts sometimes disciplining special education students more harshly or more frequently than other students in the classroom. Sometimes, schools even impose sanctions on special education and special needs students (such as suspension, expulsion, etc.) when doing so is unnecessary.
Again, the above are common examples of the types of issues a student may face if they have special needs but aren't receiving proper treatment in a Birmingham metropolitan area school district. It's not necessarily an exhaustive list of all the issues that can arise. If you have questions about an issue involving your child, a member of our team would be happy to review the matter and answer your questions.
How the Lento Law Firm Helps Special Education Students and Their Families in the Greater Birmingham Area
As a parent of a special needs student in the Birmingham metropolitan area, you might not thoroughly understand the nuances of your child's legal rights. Even if you do understand your child's rights, you might not have experience asserting those rights through legal or related processes when violations occur.
Luckily, you don't have to face a school district alone when you believe a rights violation has occurred. At the Lento Law Firm Education Law Team, serving families throughout Greater Birmingham, our Birmingham metropolitan area special education attorneys are available to pursue justice for you and your child. Get started today by submitting your information through our online form or by calling our offices at 888-535-3686.
