Effective special education services can be the difference between a student succeeding or failing in school. In the United States, special education services aren't a privilege for students with disabilities but a right.
That a student requires special education support has nothing to do with their intelligence or ability to succeed in school. It simply means a student requires a different path in their education.
Students with disabilities are not only more likely to face disciplinary action in school, but schools don't always provide effective accommodations. Schools may fail to provide agreed-upon services. In some cases, a school may refuse to assess a student for a disability, depriving them of needed services.
Families don't have to simply accept a school's decision. There are informal and formal dispute resolution options available to them.
The Education Law Team at the Lento Law Firm is here to help. We work with families in Minneapolis, St. Paul, and throughout the region. We focus on student-centered solutions that protect a student's right to an education and their ability to succeed in school. Call us at 888-535-3686 or fill out an online form.
Special Education Laws and Policies
The rights and protections for students with disabilities come from a combination of federal law, state laws, and school district policies. For families in the Minneapolis-St. Paul area, laws can vary depending on whether they live in Minnesota or Wisconsin.
All schools must follow the same federal laws. While state laws and programs are largely similar – for example, both Minnesota and Wisconsin begin post-secondary transition planning at age 14 – there can be differences. If nothing else, where they access resources and programs will differ. For example, two students are deaf. One student lives in Stillwater and attends the Minnesota State Academy for the Deaf. The other resides in St. Croix County and attends the Wisconsin School for the Deaf.
Federal Laws
In K-12 education, three laws set the foundation for disability rights. They are:
- The Individuals in Education Act (IDEA)
- The Americans with Disability Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
K-12 students and families will most likely hear the most about IDEA. Students fall under IDEA when they have a qualifying disability. Among other things, the law requires:
- School districts must have outreach efforts to the community at large and evaluate all children – from birth until high school graduation – within their boundaries who may have a disability.
- Students with qualifying disabilities must have an Individualized Education Plan (IEP), which is a written overview of what services and accommodations that student will receive.
- Accommodations must be effective and reasonable.
- These services are available to all children in the district, even if that child doesn't attend school.
- Schools and communities must have early intervention and transitional programs beyond the K-12 years.
For students who have a disability but don't qualify under IDEA, they may be eligible for a 504 Plan under Section 504. One oddity about 504 Plans is they don't have to be in writing. Parents and guardians should still request their student's 504 Plan be written down to make sure there's a record of agreed-upon services and support.
State Law and Services
In Minnesota, the Department of Education's Special Education Division oversees the implementation of the relevant state and federal laws. It also provides statewide programs and administers dispute resolution in special education.
In Wisconsin, the Department of Public Instruction's Special Education Team handles similar responsibilities. These offices also collect data and other information about special education students, programs, and services in their states.
Dispute Resolution
Disagreements about a student's special education services and support happen. Ideally, these differences of opinion can be resolved informally or during a meeting.
Sometimes, however, more formal options are needed. IDEA also requires that each state's department of education administer its dispute resolution program.
Minnesota provides the following dispute resolution options:
- Mediation
- Facilitated hearings
- State complaint
- Due process hearing
In Wisconsin, families can select one of the following dispute resolution options:
- Mediation
- State complaint
- Due process hearing
When informal meetings don't lead to a solution, families may want to turn to these more formal ways of resolving disagreements. The Education Law Team at the Lento Law Firm supports our clients by giving them the information they need to choose the best dispute resolution option for their students.
School District Policies and Services
Every school district must follow federal and relevant state laws. Remember that federal, Minnesota, and Wisconsin laws all set the minimum standard. As long as school districts follow these laws, they have considerable flexibility in how they administer special education programs.
School districts don't have to provide specific accommodations. As long as they support students with reasonable and effective accommodations, school districts have met their legal obligation to students.
In other words, a school district in Wright County might provide completely different accommodations than a school district in Carver County. While there's often overlap, that two districts provide completely different accommodations and services has nothing to do with whether they're following the law.
Examples of some of the special education programs available in the Minneapolis-St. Paul area:
- Anoka-Hennepin Schools has the River Trail Learning Center at L.O. Jacob. This program supports students with disabilities who have significant emotional or behavioral needs.
- The Bridgeview School, part of Saint Paul Public Schools, supports students with severe disabilities.
- Baldwin-Woodville Area School District hosts Child Development Days. These days focus on screening and development for three and four years old.
More important than rankings is how a school supports your student as an individual. People are more than their disabilities, and a student's IEP or 504 Plans should reflect the whole child and not just their disability. Two students who have the same disability and are in the same grade may require completely different services and support.
A top-rated school district may fail to provide a student with effective accommodations. A school may be generally good but fail to support your student.
Protect Your Child's Right to an Education
All students deserve the opportunity to succeed in school. That a student has a disability doesn't mean they're incapable of thriving in school or benefitting from an education. All students should be given the opportunity to learn.
The Education Law Team at the Lento Law Firm handles a wide range of issues related to disability rights in education. We help families in the Minneapolis area and throughout Minnesota and Wisconsin. Call us at 888-535-3686 or fill out an online form.
