10 Things You Should Know About Education Law

If you’re involved in education, then you probably know already how important education law is. If you are new to the education sector, or are now dealing with education establishments, here’s what you need to know.

1. Education establishments such as schools and universities still have the same accountability as other organisations, and so will need to be just as organised in terms of the management, as well as educationally.

2. The health and safety of the pupils and staff is of paramount importance, especially when carrying out experiments, or whilst on trips. The relevant rules and regulation will have to be followed to the letter so that there is no risk of any accidents or injury.

3. Pupil discipline is often in the news, and it’s essential that staff know how to deal with unruly pupils, and their parents, in accordance with school policy and the law.

4. Employment laws are still applicable in a school or university, and so you’ll need to make sure that like pupils, the staff are not subjected to instances of bullying or discrimination, and that any instances are taken seriously.

5. You’ll need to make sure that recruitment policies are fair, and comply with the law. It’s important to remember that potential staff might need to have additional checks carried out on them, and that qualifications and experience are verified.

6. Although you’re not a standard sort of company, you’ll need to make sure that all paperwork, contracts and policies comply with relevant laws, rules and regulations.

7. Schools and universities will be dealing with many suppliers and so might need help with contracts and ensure that they get best value for money. Education law solicitors can help with this.

8. Some schools receive donations and funding, and it’s important that this is all documented properly and that the paperwork is properly filled in and that relevant forms have been submitted properly.

9. You might be involved in estate management, and want to make sure that if you’re buying and selling land that everything is legal and in the best interests of the school.

10. If you’re involved in education construction projects, then you’ll need to be aware that normal planning permission and environmental laws still apply, so you’ll have to make sure that all aspects of the project are legal.

Now you know more about education law, and how it might affect you, perhaps you need the services of an experienced education law solicitor.

4 Parenting Tips to Help You Enforce Special Education Law

Do you have a child with a disability who is receiving special education services?

Are you frustrated because it is hard to get needed educational services, for your child? Would you like a few parenting tips, to help you make sure that special education personnel follow IDEA? This article will discuss 4 parenting tips, that will help you in enforcing, the Individuals with Disabilities Education Act (IDEA).

IDEA enforcement by law is to be the Office of Special Education Programs (OSEP), which is part of the Department of Education. They are responsible in making sure that states, are in compliance with special education law. States are responsible for making sure that individual school districts comply with IDEA.

The reality is that parents are the main enforcement mechanism of special education law. Below are 4 tips to help you ensure that your school district is complying with IDEA, for the benefit of your child.

1. Develop a working knowledge of the Individuals with Disabilities Education Act. By doing this, you will know where to look when you need a particular section of the law. For Example: If you would like to look at what is required for a free appropriate public education (FAPE), you would look under 300.101. Or Least Restrictive Environment (LRE) at 300.115.

2. Develop a working knowledge of your state regulations on special education (This is how the state is going to comply with IDEA). Some states regulations are actually better for children and parents, than federal law. By understanding these, you will be able to use them to ensure that your school district is complying with the educational law. You can get a copy of your state regulations from your state board of education.

3. Bring copies of the laws with you to any IEP meeting for your child, and place them on the table. You will be able to look up certain sections during the meeting, in case you need them.

By bringing up the special education laws that apply, you will make sure that you school district is following them. You also want to make sure, that the special education personnel in your district understand that you know the laws, and that you will be making sure that they follow them.

Also, when you write letters to school personnel, always quote IDEA or the state regulations, for special education when you can. This will help bolster your case, for whatever you are asking for.

For example: IDEA states, that my child has the right to a free appropriate public education, which I believe that she is not receiving at this time. In order for my child with a learning disability to receive FAPE, she must receive the appropriate amount of reading remediation, using simultaneous-multi sensory reading program such as Orton-Gillingham.

4. If your school district is in non compliance with the procedures of IDEA, consider filing a state complaint. The state complaint is filed with your state board of education; special education department.

The complaint should state the violation, the number in IDEA that is being violated, what your evidence is of the violation, and also the proposed resolution of the violation. Also, you can put more than one violation in a complaint, but number them for easier reading and tracking.

By doing these four things, you will be able to understand when special education personnel are not following special education law. It is sad that parents are the main enforcement arm of IDEA, but it is reality! Good luck, and stay focused, for the benefit of your child!

6 Parenting Tips on Special Education Law and Transportation

Are you the parent of a child with autism or a physical disability that needs transportation? Do you wonder what the Individuals with Disabilities Education Act (IDEA) states is the schools responsibility, to provide transportation for your child? This article will discuss what IDEA requires as far as transportation for your child with a disability. Also discussed are parenting tips that you can use, to help your child receive this important service.

Under IDEA transportation is considered a related service. A related service is transportation, developmental, corrective, and other services. . .as may be required to assist a child with a disability to benefit from special education. . .
What this means is that if your child requires transportation in order to benefit from their education, special education personnel are required to provide it.

Parenting Tips:

1. When advocating for your child, remember that; transportation not only means to and from school, but also in and around the school building, and any specialized equipment required by your child.

2. Section 504 of the Rehabilitation Act prevents discrimination on the basis of disability. The law reads: No qualified student shall on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any . . .transportation. . .or activity.

For Example: Your child with a physical disability is not allowed to go on a field trip, because the class cannot get the wheelchair bus. This would be a section 504 complaint, because your child is being discriminated against, on the basis of their disability. I have dealt with this situation, and the school district usually quickly fixes the transportation problem, if you tell them that you may file a Section 504 complaint. Section 504 is covered by the Office of Civil Rights in Washington, though each state has at least one office.

3. If your child requires an assistant in the classroom then you may be able to get a bus assistant, if your child’s disability requires it. The goal of transportation as a related service is to provide safe access to education. So if your child needs a bus assistant in order to get safely to school, school personnel are required to provide it.

4. If your school district is not providing needed transportation for your child, you can be reimbursed, for providing the transportation yourself. Make sure that your child’s IEP, states that they need transportation as a related service, and that you will be reimbursed.

A district may also be required to reimburse parents where:

A. Transportation is needed to provide FAPE and the district fails to meet its obligation.
B. The district doesn’t recognize the need for transportation.
C. The district makes inadequate provisions for transportation.

5. If your child’s extracurricular activity is related to their IEP goals and objectives, then transportation must be given. For Example: If your child has autism and needs to work on social skills, they can gain that from extra curricular activities. In that case transportation needs to be given by your school district.

6. School districts are not allowed to shorten your child’s school day due to transportation. Unfortunately it happens all the time, and you may have to stand up to special education personnel for the good of your child.

IDEA gives children with disabilities equal educational opportunity, which means a full school day. I have often said that if parents of children without disabilities found out there child was to leave school early for transportation, they would be outraged. But parents of special needs children are supposed to accept it. Do not accept it, stand up for your child.

This article has given you a lot of good information about transportation, that you can use to benefit your child’s education.