The National Center for Learning Disabilities (NCLD) explains that more than 150,000 students in Texas have a specific learning disability (SLD). As Texas' population continues to grow, there is a great risk that students with disabilities will not receive the services, accommodations, and compassion that they need.
Schools may even take punitive action against a student because of their disability. Whether a school attempts to hold back a student because of disability-related academic struggles, discipline a student whose condition causes disruptive behavior, or impose any other adverse action upon a disabled student, it is vital to ensure the school is within its rights.
Attorney-advisor Joseph D. Lento and the Lento Law Firm Team fight for the rights of disabled students in Texas. We will use our knowledge of Education Law and Special Education Law to ensure your child receives the legal protections they are entitled to because of their disability.
Legal Protections for Disabled Students in Texas
American society has not always been as compassionate towards those with learning disabilities, physical disabilities, and behavioral disabilities as it is today. It was necessary to develop comprehensive legal protections, both at the federal and state levels, to ensure that disabled students receive reasonable accommodations and freedom from discrimination.
Federal and Texas lawmakers have updated disability-specific legislation over recent decades, and disabled students in Texas today have a broad array of legal shields that we draw on to protect students like yours.
The Individuals with Disabilities Education Act (IDEA) Is the First Line of Defense for Disabled Students in Texas
The Texas Education Agency (TEA) explains that the IDEA is a federal law that came into effect in 1975, created to ensure a “free and appropriate public education” (FAPE) for all students in the United States.
The IDEA requires public schools in the state of Texas to:
- Identify and evaluate students who may need special education accommodations
- Develop an individualized education program (IEP) for disabled students
- Provide as much normalcy as possible for disabled students, which generally means allowing them to learn alongside non-disabled peers as often and long as possible
While private schools in Texas are not bound by the IDEA (because they do not receive federal funding), private institutions are subject to civil laws and liability. If a private school fails to provide reasonable accommodations to students with disabilities, they may face a lawsuit.
The Americans with Disabilities Act (ADA) Is a Second Layer of Federal Protection for Your Student
The Americans with Disabilities Act protects those with disabilities from discrimination. In the context of education, the ADA may apply when:
- A disabled student is unable to access the same schools, educational programs, or other benefits available to non-disabled students
- A student is unable to pursue certain educational ventures because of physical barriers, such as handicap inaccessibility
- An educational institution in Texas discriminates against a disabled student in any other manner
The ADA also protects students when a school or district in Texas fails to make reasonable accommodations to curricula or facilities that would allow a disabled student to have the same rights and opportunities as other students.
Texas State Law Provides a Third Measure of Legal Protection for Disabled Students in the Lone Star State
Title 2, Chapter 29, Subchapter A of the Texas Education Code provides even more legal protection for students with disabilities. This statute imparts several specific rights upon disabled students in Texas, including the right to:
- A free education
- Special education, if necessary
- Technological and career training
- Reasonable accommodations
- Other essential aspects of education
National Education Attorney-Advisor Joseph D. Lento knows the specific statutes protecting your child in Texas. The Lento Law Firm Team will exercise your child's rights to ensure they receive fair accommodations, empathetic treatment of academic and behavioral issues, and a fair shake at achieving their goals.
What Are Reasonable Accommodations for Disabled Students in Texas?
At this point, educators, administrators, and public servants in Texas should be well-versed in reasonable accommodations for disabled students. There is no excuse not to provide the full spectrum of accommodations, which include:
- Extended testing time
- Private testing environments
- Tutors
- Special instruction
- Other reasonable measures to help the student succeed academically or behaviorally
The types of accommodations your child is entitled to will depend on the nature of their disability.
Disability as a Mitigating Factor in Texas Student Issues
Educators do not have the authority to determine whether a disability is a valid explanation for academic difficulties, behavioral struggles, or other issues that disrupt your student's education. Our firm works with experts in childhood development, mental health, and other relevant fields to determine if a disability is a mitigating factor in any given circumstance.
Academic Progression Issues
A disability can impede a child's ability to learn. From dyslexia to attention-deficit/hyperactivity disorder (ADHD) and neurodevelopmental disorders, learning disabilities make it more difficult for students to excel in the classroom.
Punishing a learning-disabled student with academic probation, suspension, or even grade repetition is rarely appropriate, especially if the student has not received sufficient accommodations. Our team will work to secure a more appropriate resolution to any academic progression issues your student has faced.
Behavioral Issues
Behavioral problems caused by a disability are not legitimate grounds for punishment. If a school or district attempts to reprimand your student because of disability-related behaviors, they are likely violating federal and Texas law.
Our firm will take the necessary steps to ensure your child's reputation does not suffer because of inappropriate sanctions.
The Lento Law Firm Can Help Your Student with a Disability Issue in Texas, so Call Us Today
Our passion is defending students, and students with disabilities have a special place within our firm's mission. We will negotiate directly with any school, district, or other organization that has failed to honor your student's rights.
Call the Lento Law Firm today at 888-535-3686 or submit your case details online. Guardians of students with disabilities face immense daily responsibility, and we want to help you and your student.
