Complete the below form to be emailed the Lento Law Firm's complimentary guide to Disability Issues and Rights for Students (K-12).
There is no obligation and we will promptly follow up with you as we are here to help. The guide includes information such as the following:
- HISTORY OF DISABILITY RIGHTS LAWS
- HOW TO QUALIFY FOR ACCOMMODATIONS
- INDIVIDUAL EDUCATION PLANS (IEPS)
- SECTION 504
- DISCRIMINATION, HARASSMENT, BULLYING
- DISABILITY AS A DEFENSE
The following is a sample of the downloadable guide:
WHEN A SCHOOL PROVIDES INSUFFICIENT SUPPORT
In an ideal world, after parents or a student request an evaluation for a student, the school district and family work together to determine the services and support that allow the student to thrive. Too often, however, students do not receive the support and services they require.
If and when a school district fails in its legal obligations to a student, families should be aware of the options that allow them to address the issue and arrive at a solution.
Problems can occur at any point in the process. Schools may deny a request and create an IEP that does not adequately address a student's needs. Even with an IEP in place, a school district may fail to follow it or not provide workable accommodations. Alternatively, a once-usable IEP may be in need of revision as a student matures and changes.
DENY DISABILITY SUPPORT
After evaluation, a school district determines that your child does not have a disability rising to the level of federal protection. A school district may say the student's struggles are not related to any measurable disability or that they do not fall under one of the IDEA categories.
Most school districts have procedures in place for parents to challenge and appeal that decision. If and when a school district denies support, parents and students should inquire about possible appeal methods and consult the district's policy manual.
If a student has a disability but doesn't meet IDEA's criteria, parents and guardians should push for a 504 Plan. Even if the eventual goal is to qualify under IDEA for an IEP, a 504 Plan may provide limited support in the short term.
Parents may also wish to schedule independent testing or consult experienced legal representatives. Keep in mind that most school districts may have a time limit on when and how families may appeal decisions.
INADEQUATE EVALUATION AND INCORRECT CLASSIFICATION
In some cases, a school may agree that a student has a disability but not provide the proper evaluation or misclassify the student's underlying disability. Not all disabilities are easy to diagnose, and different disabilities may have the same symptoms.
For example, a student is acting out in class. The school classifies the student as emotionally disturbed and crafts an IEP based on that diagnosis. The student's behavior fails to improve. The issue is that the student's underlying condition is an autism spectrum disorder, which requires different support and services.
In this example, the student was emotionally disturbed, but it was not the root cause of the student's behavior. By properly diagnosing the student as on the autism spectrum disorder, the student may have access to different services and support.
Schools should avoid the one-size-fits-all approach when supporting students with disabilities and recognize that each student is unique. At the same time, having a proper diagnosis allows schools and special education experts to rely on research and studies on that specific disability.
If you believe your child has been improperly evaluated or classified, you should consider hiring an outside expert and/or request that the school re-evaluate your student. A school may be relying on older research or approaches, or they may not be properly evaluating students.
FAILING TO FOLLOW IEP
In other situations, a student is considered to have a disability, and the school, along with the parents or guardians, meet to create an IEP. Even once the IEP is in place, parents should remain involved and not automatically assume that teachers are following the IEP.
If and when a school or teacher fails to follow an IEP, parents should document everything and request a meeting. Parents should first arrange to meet with the teacher to see if the issue can be resolved before scheduling meetings with school administrators or the IEP team. Ideally, you, your child, and the school can collaborate to find a way to put the IEP into practice.
If the school fails to resolve the problem, parents may wish to contact the district or request a transfer to a different school. Depending on the state, parents or guardians could also file a complaint with the state.
INADEQUATE IEPS OR ACCOMMODATIONS
When a school fails to provide a student with an adequate IEP or accommodations, parents can appeal the decision. When requesting a revision or change to either an IEP or accommodations, parents and guardians should focus on logical, detailed arguments rather than emotions or desires.
Whenever parents and guardians meet with teachers or school officials, they should follow up with an email or letter confirming what was discussed. The goal is to create a paper trail so that, if they do need to escalate the situation, they have evidence of their attempts to work with the school.
Again: Simply wanting a certain service within an IEP or a certain accommodation does not mean the school is providing inadequate services. It's reasonable accommodations, not the best possible accommodations, which is why data and specifics are so important when challenging a current IEP or accommodation.
FAILURE TO UPDATE AN IEP
Children change and grow rapidly. An IEP that worked last year may no longer address a student's need or provide proper support. While schools are required to schedule yearly meetings, schools may fail to schedule a meeting, or a student may need changes at a different point in the year.
If a student would benefit from altering an existing IEP, parents should first see if the school has existing policies for how to request a revision to an IEP. Federal law does not require an additional meeting to make changes but instead creates a newly written document with the updated IEP.
A revision to an IEP may be needed if:
- A student is falling behind in classes
- A student says that certain services or support are no longer working for them
- A change in the child's current or anticipated needs
If a school denies a request for changes to an IEP, parents may need to file a complaint or involve legal help. IDEA mandates changes for IEPs and parents should be prepared to show that their child falls under either federal or state requirements for allowing changes.
WHY REVISIONS MATTER
For any number of reasons or at any time, a school may fail to provide a student with their right to a free appropriate public education. Even when a child has an IEP in place, parents should not simply assume the school is following the plan.
Federal law provides avenues for parents to appeal a school's decision, request revisions to an existing IEP, and ensure their child is getting the full benefit of the school. Enlisting the help of a legal team in disability rights, such as the Lento Law Firm, can help parents and students build a case about the student's right to both an education and a workable plan to support them.
DUE PROCESS
When school districts fail to classify a student as having a disability, provide an inadequate IEP, lack of reasonable accommodations, or fail to revise an IEP, parents, and students have avenues to bring about a resolution.
Both Section 504 and IDEA mandate that states and school districts have due process policies in place. Under U.S. law, due process is the protection of a person's rights. For students with disabilities, this means that they have the right to a free appropriate education, including the services and support they need.
Due process procedures also refer to the rights and responsibilities of parents and guardians to have a say in a child's education, including challenging a school district when they believe a school is failing to provide legally-mandated support and services.
School districts must have policies that allow parents and guardians to receive notice, review records, challenge decisions, and request impartial hearings. Parents can use these policies as a guide to address a school's inadequate support. These policies also tend to have multiple avenues, ranging from more casual to full hearings…. (read more in the full downloadable guide.)
Contact the Lento Law Firm today at 888-535-3686 to fight for your student's rights, and request the free downloadable guide to Disability Issues and Rights for Students (K-12) using the form above.
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