Having a disability doesn't mean a student can't succeed in school or benefit from an education. It simply means they need support or that they learn differently.
Whether a child or teen lives in Missouri or Kansas, if they have a disability, they have a right to special education services. Babies and toddlers with disabilities have a right to early intervention services.
Disagreements about special education can cover assessments, accommodations, and discipline, to name just a few. The Education Law Team at the Lento Law Firm can help families and students with any of these issues. Call us at 888-535-3686 or fill out an online form.
Federal Special Education Laws
Federal laws set the baseline for all laws in the United States. For disability rights in K-12 public schools, the three foundational laws are:
- The Individuals with Disabilities Education Act (IDEA)
- The Americans with Disability Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
These three laws work together to protect a student's right to an education, to attend school free from discrimination, and to receive services and support that are crucial to benefit from school.
IDEA is the law most often mentioned for K-12 students. Some of the key requirements under IDEA:
- School districts must evaluate any child, from birth until they graduate from high school, who:
- Resides in their district, regardless of whether they're enrolled in their local school
- Has shown signs of a potential disability
- If a student has an eligible disability, schools must create an Individualized Education Plan (IEP), which details what accommodations a student receives
- School districts must provide reasonable accommodations
- IDEA doesn't list any specific accommodations schools must provide, as long as the accommodations are reasonable
- Schools aren't required to provide the newest, most expensive, or most effective accommodations
- Schools must provide special education services to any child with a qualifying disability who lives in a school district
- School enrollment is not a requirement under IDEA
- If a family requests special education services, schools must provide that support to children and teens who attend private or charter schools or are homeschooled
- In addition to support during the K-12 years, school districts must have early intervention and transitional programs
If a student doesn't have a qualifying disability, they may still be able to receive special education services. Students who don't qualify under IDEA may be eligible for a 504 Plan under Section 504. The Education Law Team at the Lento Law Firm can assist families with issues related to assessments, IEPs, and 504 Plans.
State Law and Services for Special Education
In Missouri, the Missouri Department of Elementary and Secondary Education's Office of Special Education implements IDEA and other special education laws for the state. The Office of Special Education also handles compliance and collects data.
Head west, and the Kansas Department of Education's Special Education Services team manages similar responsibilities for the state's public school districts. The office provides leadership and support to help children with disabilities throughout the state.
While the states have similarities, there are differences. Both states, for example, have schools for the blind and the deaf. Missouri also has schools for the severely disabled. Missouri also has the sheltered workshops, which are a public-private partnership designed to give individuals with disabilities work experience.
Dispute Resolution
Federal law requires states to have dispute resolution options for special education. In general, families should first seek a solution via more informal methods, such as talking with a child's teacher or scheduling a meeting with a student's IEP team.
When more informal methods aren't successful, families and students can turn to a state's formal dispute resolution options. In the Show Me State, families can pursue one of the following:
- Facilitated IEP meeting
- Mediation
- Child complaint
- Due process hearings
Kansas also encourages families to initially pursue more informal methods with an emphasis on collaboration and communication. If those fail, or when they wouldn't be appropriate for a situation, families can consider the following options:
- Mediation
- Formal complaint
- Due process hearing
If you're in disagreement with your child's school, the Education Law Team at the Lento Law Firm can help. We assist our clients with knowing their options for dispute resolution and deciding which one is best for their student.
School District Policies and Services
School districts aren't required to provide specific services or accommodations as part of their special education programs. In Missouri and Kansas, as long as a district is providing effective accommodations, they've fulfilled their legal obligation.
The services and support a student receives may vary between school districts. What can be complicated is that a student's IEP or 504 Plan should reflect their whole person and not simply their disability. That a school district is highly ranked doesn't automatically mean they're effectively supporting your student.
School districts may provide programs above and beyond their requirements. Some examples of these programs in the Kansas City area:
- Blue Valley Schools' GEAR (Growth, Education, and Reflection) program assists students who are struggling with their social-emotional or behavioral regulation.
- Shawnee Mission has Project SEARCH, a one-year program to help students with intellectual or developmental disabilities gain work experience.
- North Kansas City Schools has two centers, Golden Oaks and Joseph G. Jacobs III, that provide individualized support for students with disabilities.
- Lee's Summit R-7 Schools has the Miller Park Center, which has a variety of programs including life skills and relationship building. The district also has programs in different schools, such as communication skills and deaf and hard of hearing.
Getting Help
The Education Law Team at the Lento Law Firm has offices throughout the United States. For families in the Kansas City area, our closest office is in St. Louis.
Our goal with all of our clients is to protect each student's education. We work toward solutions that keep the focus on your child's education and future.
Protect Your Student's Right to an Education
All students deserve the opportunity to benefit from an education. Having a disability doesn't mean a student can't succeed in school. It simply means they may require additional support or a different path to reach their educational goal.
If your student has a disability and isn't receiving the services they require, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
