Students of all ages, from kindergartners to graduate students, face challenges at school. Most of us don’t get through school completely unscathed. As adults, we often remember our school bullies, teachers who made our lives more difficult, and our individual needs that were often pushed aside. While some of these issues are simply par for the course, not every school-related concern is minor or something to be brushed aside.
When an issue affects your child’s education, even if it seems small to others, it can have real and lasting consequences. What can make matters worse is when you or your child’s school fails to acknowledge the problem or refuses to take meaningful steps toward a solution. When they have numerous students to look after, you and your child can easily be overlooked or treated as if the issue isn’t worth their time. Alternatively, they may pretend to address the issue and gaslight you when you complain about the situation without improvement.
Whether you’re a student yourself or a concerned parent, being in this situation can be a lonely and frustrating experience. You may feel like you can’t talk to others who aren’t in a similar boat or have positive feelings about the school. But don’t let anyone tell you that your feelings aren’t valid and that addressing them isn’t necessary. Only you know what’s right for your child or yourself.
At the LLF National Law Firm, our Education Law Team is here to help with the full spectrum of school-related issues you may be facing. Too often, students and families are met with indifference or resistance when trying to resolve concerns; however, we have a zero-tolerance policy for such behavior. During your initial consultation, our Education Law Team comes to understand exactly what you’re facing, outlines your rights, and explains the responsibilities your school should be upholding. Then, we’ll build a clear strategy to help you or your child resolve the issue. Schedule your consultation with the LLF National Law Firm attorney today; call us at 888-535-3686 or contact us online.
Issues our Cincinnati Metro Area Education Law Team Can Help With
The LLF National Law Firm Education Law Team is well-versed in numerous issues students face, whether in the K-12, college, or university education system. Many of the issues we address are discussed in the following sections.
Special Education and Disability Rights
One of the most common areas our Education Law Team works in is helping students access special education services, whether for physical or mental needs. Our Education Law Team recognizes that every student and family has their own preferred terminology, often opting for person-first language, such as “student with a disability” or “student with a learning difference,” among others. At the LLF National Law Firm, we strive to respect your preferences. Please let us know at your initial consultation which terminology you prefer us to use. That being said, unfortunately, not all laws, regulations, and school policies use this language. It’s not uncommon to see outdated language.
Your or your child’s rights and process for accessing disability accommodations in your Cincinnati Metro Area school can differ depending on which state you reside in and whether your child is in the K-12 or higher education system. Let’s discuss.
K-12 Education
K-12 students in the Cincinnati Metro Area are entitled to accommodations under several federal and state laws. The federal laws that establish disability rights and provide methods for accessing accommodations are found in the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973.
Under these laws, you will generally be working towards obtaining a Section 504 or an individualized education plan (IEP) that contains the appropriate accommodations in your Cincinnati Metro Area School. State regulations can also provide additional requirements on the processes of implementing these federal laws. The state law that applies to you will be dependent on which state in the Cincinnati Metro Area your school is located in. These regulations include Ohio’s Operating Standards for the Education of Children with Disabilities, Indiana’s Rules for the Provision of Special Education, and Kentucky’s Administrative Regulations for Special Education.
At the LLF National Law Firm, we frequently encounter issues related to IEPs and Section 504 Plans. Getting a plan in place can be complicated, long, and frustrating. Even once a plan is established, schools may delay its implementation for various reasons, ranging from the inconvenience it causes to claims that they lack the necessary resources. You don’t need to tolerate this behavior from your Cincinnati Metro Area school. Contact the LLF National Law Firm immediately to ensure your or your child’s rights aren’t being violated in the accommodation process.
Higher Education
The states that are part of the Cincinnati Metro Area, Ohio, Kentucky, and Indiana, don’t have their own disability rights laws for higher education. That doesn’t mean students with disabilities are left out to dry; the Federal laws mentioned above apply to higher education. While you won’t have an IEP or Section 504 plan, your college or university should still be providing accommodations – if they aren’t, that’s a problem, and you should contact the LLF National Law Firm immediately. There is no reason your ability to learn should be hindered by your college or university taking too long to implement an accommodation plan or denying you accommodations.
To obtain accommodations at your institution, you will work with your school’s office for disability services. Every school has its own name for this office. For example, at Northern Kentucky University, it’s called the Office for Student Accessibility, and at the University of Cincinnati, it’s called Accessibility Resources.
Accommodations in higher education can look very similar to those you received in the K-12 education system. Services often include extended time on exams and assignments, having an assigned notetaker, or the use of learning assistance technology.
Bullying and Harassment
Bullying and harassment may have been accepted as just a part of the typical school experience, but they are unacceptable behaviors. What is a little joke here and there and what constitutes bullying and harassment are different, and you or your child’s Cincinnati school can’t treat them interchangeably. There is little doubt among mental health experts that bullying and harassment in schools have long-term negative mental health consequences. Being the victim of these types of behaviors can result in lifelong anxiety, depression, self-harm, and an increased risk of suicide. The wait-and-see approach to bullying isn’t worth it when the consequences of inaction are this high.
Bullying and harassment are dealt with differently at the K-12 level than they are in higher education. In K-12 public education in the Cincinnati Metro Area, state laws dictate how schools must address bullying and harassment. Ohio, Kentucky, and Indiana each have laws requiring their public schools in the Cincinnati Metro Area to adopt strict policies prohibiting bullying and harassment.
Each school or school district must have a policy in place that defines bullying and harassment, as well as explicit prohibitions against them. The policies must also detail the investigative process, the disciplinary actions that can be taken against a student found guilty of bullying or harassment, protections against retaliation, and consequences for false reporting. Every school is also required to notify the parents of all students involved.
How harassment and bullying are addressed in higher education is drastically different. Ohio and Kentucky have no laws on the books regarding how higher education institutions must deal with these situations. Indiana requires public higher education institutions to have an anti-bullying policy, but only when the school has an established code of conduct (fortunately, nearly all institutions have a code of conduct). Higher education institutions aren’t entirely off the hook, though; they must still comply with federal laws that may encompass bullying.
Discrimination
Schools in the Cincinnati Metro Area at all educational levels follow federal anti-discrimination laws. These laws specifically are the Civil Rights Act of 1964, Title IX, and the Americans with Disabilities Act. These laws address discrimination based on race, religion, sex, gender identity, sexual orientation, disability status, and more. A few examples of discrimination our Education Law Team frequently sees include schools disciplining students of color more frequently than white students for the same behavior, ignoring reports of sexual harassment, and failing to provide services to students with disabilities adequately.
Student Rights and Free Speech
All students at all levels of education in the Cincinnati Metro Area have a right to free speech. But what that looks like in academia can differ from the real world. In theory, students are allowed to express their opinions. Students should be able to explore controversial topics and more, all within the safe space of their educational institution, provided it is peaceful and not disruptive to the learning environment.
However, in reality, schools face political pressure, opinionated parents, and school boards, as well as other outside forces, and can end up curbing students’ free speech. While schools attempt to maintain peace, they often violate students’ constitutional rights, which is a serious problem. There is a lot going on in the world, from climate change to wars in various countries, and like generations of students before them, they have opinions that should be voiced. If you or your child’s school is trying to silence you, the LLF National Law Firm can help protect your rights.
LGBTQ+ Student Issues
LGTBQ+ students can deal with all the typical issues students face and then some. Deadnaming, refusal to have their pronouns respected, being forced to dress or use bathrooms consistent with their gender at birth, and fear of being outed to their parents are just a few issues LGBTQ+ students face every day in their Cincinnati Metro Area schools.
Some states are more conservative than others, and the states within the Cincinnati Metro Area fall into the conservative category. Each state has slightly different laws regarding LGBTQ+ issues in schools. For example, Ohio and Kentucky require transgender and non-binary students to use bathrooms consistent with their birth sex, but schools must also provide a single-use bathroom alternative. In Indiana, students can use a bathroom matching their gender identity.
Ohio and Kentucky are also the more conservative states in the Cincinnati Metro Area in allowing students to be called by their preferred pronouns – the schools there aren’t required to do so. If a student wants to be called by their preferred pronouns or name in Indiana, the school is required to notify the student’s parents.
Like with bullying and harassment laws, there are no statewide protections for students in higher education institutions. The above-mentioned LGBTQ+ laws regulate only public K-12 schools. LGBTQ+ students in higher education are awarded protections only at the federal level, for example, under Title IX. But how these federal laws are interpreted is ever-changing and highly political. Fortunately, the attorneys at the LLF National Law Firm are always up-to-date on both state and federal laws related to LGBTQ+ issues.
If you’re in a Cincinnati Metro Area K-12 or higher education system and unsure of your rights or how to deal with LGBTQ+ issues, even without setting laws on the books, the LLF National Law Firm can help.
Who We Can Help in the Cincinnati Metro Area
The LLF National Law Firm Education Law Team works throughout the Cincinnati Metro Area. We have represented students in some of the largest cities and towns there, not just within the Cincinnati city limits. Our student clients have come from Fairfield, Middletown, Covington, Mason, Florence, Independence, Oxford, and more. Our K-12 students have come from countless of the 66 schools in the Cincinnati Public School District and beyond. We also represent higher education students in the Cincinnati Metro Area, including students enrolled in the University of Cincinnati, Northern Kentucky University, and Xavier University, as well as community colleges such as Gateway Community and Technical College and Cincinnati State Technical and Community College.
Retain the LLF National Law Firm Today
Issues in school are no small matter; they can impact you or your child’s entire life. Feeling unsafe or discriminated against in school can affect everything from long-term mental health to grades and future career prospects. The stakes are too high not to address the issue immediately. We understand that going up against your school to fight for what you deserve and are entitled to can be difficult. But at the LLF National Law Firm, we are in your corner every step of the way. Let’s start resolving this issue together – call us today at 888-535-3686 or contact us online to schedule your consultation.