Protecting Student Rights In Kansas City

Every child deserves a fair, equal and safe school experience. The law mandates that schools offer services that help children with special needs so they receive a free and appropriate public education. Schools must also act to stop and handle bullying, harassment and violence. Sadly, schools sometimes fail in these duties. Parents may need to pursue legal action and hire a student rights lawyer to protect their children’s rights.

Since 2007, we at Holman Schiavone, LLC, have worked to defend individual rights. As dedicated student rights lawyers in Kansas City, we know education’s vital role in your child’s life and future. Whether in Kansas or Missouri, we can help your child get the education they deserve.

Navigating The School System

Knowing how to talk with school staff is key for parents of children with disabilities. It ensures the child gets the needed support. Schools must provide proper accommodations under federal and state laws, but parents often need to push for their child’s needs.

Parents should learn about their child’s Individualized Education Program (IEP) or 504 Plan, which lists required accommodations. When making these plans with school staff, keep clear, written records. Save all emails and meeting notes. Setting up regular meetings with teachers and special education staff helps ensure the school meets its duties.

Building strong ties with school staff is also essential. Treating teachers as partners in your child’s education encourages teamwork and solutions. If problems arise, parents should understand their rights under the Individuals with Disabilities Education Act (IDEA) and be ready to raise concerns with district leaders or seek mediation.

Early Intervention Services

Early intervention significantly affects a child’s growth, especially for those with disabilities or developmental delays. Studies show that children who get help early have better school and social results later in life.

Parents can use early intervention programs like Missouri’s First Steps or Kansas’ Infant-Toddler Services (Tiny-K) in Missouri and Kansas. These programs offer therapies and support for children from birth to age three. Parents can ask for evaluations if they notice speech, motor skills, or cognitive development. delays

Under IDEA, services shift to public school programs after a child turns three. Parents should work closely with school districts to create a strong IEP before their child starts preschool.

Bullying Prevention Programs

Kansas City schools have started programs to tackle bullying and create safer learning spaces. Many districts use Positive Behavioral Interventions and Supports (PBIS), a system that promotes good behavior and reduces bullying through planned actions.

Some schools also join programs like Olweus Bullying Prevention and No Place for Hate, which teach students, encourage bystander action, and create welcoming environments.

Parents can push for better anti-bullying rules by working with school boards and urging schools to use proven prevention methods. If a child experiences bullying, parents should document incidents, inform school officials and verify that officials take proper steps.

Legal Framework For Addressing Harassment

Harassment in schools, including bullying and cyberbullying, falls under a strong legal system at the federal and state levels to protect students and ensure safe learning spaces.

Federal Laws

• Title IX of the Education Amendments of 1972 Bans sex-based discrimination, including sexual harassment, gender-based bullying, and harassment based on sexual orientation or gender identity (per the 2020 Bostock v. Clayton County decision). Schools must quickly investigate and address such harassment.
• Section 504 of the Rehabilitation Act of 1973: Shields students with disabilities from harassment that blocks equal access to education, often working with IDEA protections.
• Title II of the Americans with Disabilities Act (ADA): Strengthens protections against disability-based harassment in public schools, requiring reasonable accommodations to avoid hostile settings.
• Civil Rights Act of 1964 (Title VI): This law prohibits harassment based on race, color, or national origin in schools receiving federal funds.
• Individuals with Disabilities Education Act (IDEA): Ensures harassment does not disrupt a student’s right to a Free Appropriate Public Education (FAPE), requiring schools to handle disability-related harassment through IEPs or Behavioral Intervention Plans (BIPs).

State Laws

• Missouri’s Anti-Bullying Law (RSMo 160.775) requires schools to set anti-bullying policies, train staff annually, and share policies with parents, covering in-person and cyberbullying.
• Kansas’ Bullying Prevention Law (K.S.A. 72-8256) Mandates policies defining bullying, including cyberbullying, with anonymous reporting systems and rules for handling off-campus incidents that affect the school setting.

Cyberbullying

State laws and Title IX address cyberbullying, such as harassment on social media, when it creates a hostile school environment.

Legal Liability And Remedies

Schools that fail to follow these laws may face legal trouble, including lawsuits for negligence or civil rights violations. Parents can seek solutions through:

• School complaint processes
• State education agencies
• U.S. Department of Education’s Office for Civil Rights (OCR)
• State civil rights offices (e.g., Missouri Commission on Human Rights)
• IDEA mediation and due process hearings

In serious cases, parents may need to hire a student rights lawyer to hold schools accountable.

Champions For Your Child’s Educational Rights And Unique Needs

We handle many student rights cases to ensure children get a good education, fair treatment and a safe learning space. We address issues like:

• IEP plans: We help you get an Individualized Education Plan (IEP) that fits your child’s needs and ensures the school provides proper services under an IEP. We push for correct assessments and accommodations.
• Five hundred four plans: Section 504 of the Rehabilitation Act protects students with disabilities. Students may face problems like poor accommodations, noncompliance, or a lack of rights awareness. We help solve 504 plan issues by ensuring proper accommodations and defending your child’s rights.
• Harassment and bullying: No child should face bullying or harassment at school. We fight such harm, holding schools accountable when they fail to protect a child.

We also defend students facing disciplinary actions, especially those with an IEP or 504 plan. Schools must often follow specific steps before disciplining these students.

Disciplinary Actions With IEPs And 504 Plans

As Kansas City lawyers, we deeply care about protecting community and student rights. We know parenting a child with an Individualized Education Plan (IEP) or 504 plan is tough. It’s even harder when your child faces school discipline. We aim to ensure your child’s rights are safe and they get support.

When a child has an IEP or 504 plan, schools must follow specific steps to discipline them. These steps include:

• A Manifestation Determination Review (MDR): The school must check if your child’s behavior is tied to their disability. If it does, they should help your child, not punish them.
• Continuing educational services: Even if the school suspends or expels your child, it must continue providing educational services. This helps your child stay on track with IEP goals and ensures a Free Appropriate Public Education (FAPE).
• Behavioral Intervention Plans (BIPs): If your child has ongoing behavior problems, the school should make a BIP. This plan includes ways to manage and improve your child’s behavior.

As a parent, you can join your child’s disciplinary process. You should know your rights and the procedures. Your input matters in decisions about your child’s education and discipline. After all, you know your child best.

Understanding the laws and your child’s rights under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act can be tricky. At Holman Schiavone, LLC, we provide resources, support and advocacy to help you protect your child’s educational rights.

Trial Lawyers Pursuing Accountability

We have practiced as trial lawyers for over 50 years in Kansas and Missouri courts. We know how to hold schools accountable, even if it means going to court and filing a school district lawsuit. Often, we achieve good results without a trial.

We confidently handle tough cases and earn respect for presenting strong court arguments. Our approach is always caring and tailored, focusing on each student’s needs.

Take Action To Protect Your Child’s Educational Rights: Consult A Student Rights Lawyer

If you think your child’s rights are at risk at school, don’t delay seeking legal help. We can guide you through your options and vigorously defend your child. Contact us today to talk directly with an attorney. You can also call 816-399-5149.