Are you a student (or the parent of a student) attending a K12 public school or a college that receives federal funding in the Denver metropolitan area? Ideally, the school districts and administrations throughout the region will always respect the rights of students.
Unfortunately, this doesn’t always happen. There are numerous potential circumstances in which Denver metro area students may face rights violations. They often have the option of taking action against school districts or universities when this occurs.
These cases are complex. They may involve multiple laws, not all of which apply in all scenarios. You might not know whether you have reason to take action against a school based on the nature of the alleged rights violation you believe might have occurred.
At the LLF National Law Firm, our Education Law Team serves students and their families throughout the Denver metropolitan area. This includes serving elementary school students at Dennison Elementary School in Lakewood, defending the rights of adolescents at Arvada West High School, representing college students at the University of Colorado Denver, and more. We’re available to review your case and explain how we may fight for justice on your behalf. Learn more about how we can help by submitting your information via our online contact form or by calling our offices today at 888-535-3686.
Education Lawyers Advocating for Special Education and Disability Rights in the Denver Metro Area
There are multiple federal laws protecting the rights of special education students and students with disabilities in Colorado and throughout the nation. They are:
- The Individuals with Disabilities Education Act (IDEA): The purpose of IDEA is to ensure that eligible children with disabilities in the U.S. have access to a “free appropriate public education.” Under IDEA, schools receiving federal funding may need to provide students with access to relevant special education services and other such services designed to support their learning needs. Schools found to violate IDEA may face a range of penalties, such as legal action and loss of federal funding.
- Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits any program or activity receiving federal funding via the U.S. Department of Education from engaging in discrimination on the basis of disability. A school receiving federal funding may violate Section 504 by not providing proper accommodations for students with disabilities, denying students with disabilities access to necessary services, and denying them access to equal opportunities.
- Americans with Disabilities Act (ADA): TheADA is another federal law prohibiting discrimination on the basis of disability. Although many understand that ADA applies to employment, it’s important to be aware that it also applies to public education.
These laws are nuanced and complex. You may not be certain whether a school has violated them.
This highlights one of the many ways our Education Law Team can help. Representing students from the University of Denver to the numerous elementary schools in the Aurora Public Schools district, we’re prepared to review your case and explain whether you have grounds to take legal action.
Handling Issues With Individualized Education Programs (IEPs) and 504 Plans
Under IDEA, schools receiving federal funding should actively identify students in their districts who, due to their disabilities, may be eligible to receive special education services. The law requires that students who require them be provided with individualized education plans (IEPs). Ideally, an IEP should establish the specific educational services a student will receive to ensure the district is providing them with a free and appropriate public education.
Similarly, if an evaluation determines that a student qualifies for certain accommodations under Section 504, a school may need to provide them with a 504 plan. This is a plan outlining the accommodations the school will provide to facilitate a student’s education.
Do you believe a school in the Denver metropolitan area failed to provide a necessary IEP or 504 plan? This could qualify as discrimination under federal law. Discuss your case with a member of our team to learn more about your options.
Denver Metro Area Education Lawyers Representing Students Facing Discipline and Expulsions
The goal of attorneys with our Education Law Team in the Denver metro area is to protect the rights of students. As such, we understand that rights violations can take many forms at Denver area K12 schools and universities.
For example, a student may be facing disciplinary action (which could include potential expulsion) for an alleged infraction. Our Education Law Team is on hand to offer a proper defense in these circumstances. Enlisting the help of legal professionals can make a significant difference in a case’s outcome, which could in turn make a significant difference in a student’s overall future.
Get Help With a Bullying or Harassment Case in the Denver Metropolitan Area
When bullying is occurring at D’Evelyn Junior or Senior High School, Cherry Creek High School, East High School, or any other school in the Denver metropolitan area, your first step may be to report the matter to school officials. Unfortunately, administrations don’t always take proper steps to stop bullying when it occurs.
It’s also worth noting that an unaddressed case of bullying and harassment could qualify as a Title IX violation. Title IX of the Education Amendments of 1972 is meant to protect students and others in public school settings from being the victims of sexual harassment.
The law requires public schools receiving federal funding to step in and properly address the matter when sexual harassment occurs. A school may be at risk of losing its federal funding if it can be shown that the school failed to take proper steps to put a stop to harassment.
That’s just one example of how bullying or harassment (and a school’s failure to effectively address such issues) can constitute violations of a student’s civil rights. Depending on the nature of the bullying treatment a student experiences, bullying or harassment could theoretically violate their civil rights in other ways as well.
Do you believe a school in the Denver metropolitan area hasn’t taken the necessary or appropriate steps to protect students who are the victims of bullying, harassment, or other such mistreatment? Contact our Education Law Team if so. We’re available to speak out on your behalf.
Education Lawyers Fighting Against Discrimination in the Denver Metro Region
As the above sections of this overview address, discrimination can occur at schools in the Denver metropolitan area when school districts don’t properly accommodate the needs of students with disabilities. However, that’s not the only way that discrimination can occur in a public school setting.
For example, it’s not impossible for students to face racial discrimination, gender discrimination, or other forms of discrimination at a Denver metro area public school or university. The following are just a few examples of scenarios in which a student might be the victim of discrimination for something other than a disability:
- Perhaps a student (or students) of a particular race find they’re subject to harsher discipline than students of another race, even when students of another race commit the same infractions (or worse). This could indicate that an educator or institution is engaging in racial discrimination. There are many reasons not to ignore such matters. For instance, the discipline one experiences as a younger student can influence one’s educational opportunities and success later.
- Maybe a female student technically meets all the eligibility requirements to participate in a school-sponsored sport or activity. However, because the activity is traditionally associated with male participants, the school or those organizing the activity may deny the student the chance to participate. This could be an example of discrimination against a student on the basis of gender or sex. Such examples also illustrate how federal laws protecting student rights don’t just apply to their classroom experiences. Although there may be exceptions, generally, they also apply to the activities these schools offer their students.
- A transgender student may respectfully request that staff members and their peers refer to them as the gender they identify as. Despite this, staff members might frequently or routinely misgender such a student. This instance might qualify as a case of LGBTQ+ discrimination. Because it arguably also involves harassment on the basis of a sex-related characteristic, this type of case may also qualify as a Title IX violation.
The above are merely examples. They don’t represent all the ways schools that receive federal funding in the Denver metro area may potentially discriminate against students. If you’re not sure whether you have a valid discrimination case, review the matter with the LLF National Law Firm’s Education Law Team to find out more about your rights.
Protecting Student Rights and Free Speech
Understanding how the First Amendment applies in public schools and other such educational settings can be challenging for anyone, let alone a young student. Various court rulings over the years have established precedents that qualified legal professionals may be more familiar with than the average student or parent in the Denver metro area.
For example, the First Amendment generally protects political speech. As such, students in public schools technically have the right to express their political views. They may do so through speech, written content, attire, and even protests or other such forms of disobedience, within reason.
That caveat is important. Schools may be able to legally justify limiting the free speech rights of students in particular situations. For example, a student naturally may not have the right to engage in speech that promotes drug use or other illegal activities. Even if a student is engaging in what is usually thought of as protected speech, such as political speech, a school might also be able to legally limit their expression for various reasons. For example, a school might argue that allowing a student to continue expressing their views in their chosen manner would represent an unreasonable disruption to the school environment or the overall educational experience of other students.
Every case involving alleged violations of student rights to free speech and expression is unique. Because student rights to free speech and expression can be slightly limited in public school settings, it can be difficult to determine whether a school genuinely violated the rights of a student when it stepped in and placed limitations on their expression. We’ll review your case and apply our legal knowledge to determine whether an illegal violation seems to have occurred.
Education Lawyers Representing K12 and College Students Throughout the Denver Metropolitan Area
Our Education Law Team represents students and families all across the Denver metro area, including such schools, districts, and universities as:
- University of Denver
- University of Colorado Denver
- Metropolitan State University of Denver
- Aurora Public Schools
- Jefferson County Public Schools
- The Cherry Creek School District
- Littleton Public Schools
Those are just examples. What’s critical to understand is that the process for handling these types of cases can vary based on many factors, including the specific matter being addressed and the individual processes of the schools. For example, if a student at the University of Denver believes a Title IX violation may have occurred, the university has a specific process for reporting an incident.
Understanding how these processes can apply to a legal case is often vital when alleging that a student’s rights have been violated. Sometimes, it’s necessary to show a student who followed recommended procedures but was still the victim of mistreatment. Our Education Law attorneys understand the importance of these details, familiarizing ourselves with the relevant processes so that we handle your case effectively.
Contact the LLF National Law Firm for Help With a Denver Metro Area Education Law Case
At the LLF National Law Firm, education lawyers with our Denver metro area Education Law Team understand that young students are particularly vulnerable to rights violations. Partially, this is because they may not fully understand their rights. In addition, students may be reluctant to speak out against schools, fearing discipline or other such penalties for doing so.
Students should never be afraid of fighting for their rights. If you think your rights or the rights of your child have been violated at a K12 school or university in the Denver metropolitan area, we’re prepared to take on the case. Get started today by calling our offices at 888-535-3686 or contacting us online.