Legal Aid can help students get access to education

By Tonya Sams

With students back in class, parents should be aware that if their children are experiencing problems in school, Legal Aid may be able to provide free legal assistance for those who qualify.

This includes helping students access their education.

“Access to education includes school enrollment issues such as if the student is unhoused or experiencing homelessness,” said Jessica Baaklini, a Senior Attorney in Legal Aid’s Health & Opportunity Practice Group. “There are legal protections for students who are unhoused or experiencing homelessness.”

These legal protections allow children, who are unhoused, the ability to continue attending the school they were attending when they became unhoused or the right to transfer to a school closer to where they are temporarily residing. The school district can provide transportation if needed. If the student has an education plan in place to help with disabilities, such as an Individualized Education Plan (IEP) or 504 plan, the respective school district will continue to meet those needs.

“Every school district needs to have a liaison who assists students who are unhoused and can help coordinate the student’s services,” said Jessica.

Legal Aid can help families with students who have disabilities. This includes requesting school districts to conduct an evaluation for a student with disabilities to determine eligibility for special services, advocating for appropriate services for the students in IEPs and 504 plans, and advocating that the services be provided.

“When a family contacts us requesting help for an evaluation for special education services, we will interview the family and we’ll request records,” Jessica said. “If, together, we feel there is a reason that the school team should suspect an educational disability, then we might write a letter to the school on the family’s behalf to request an evaluation. We would then go with families to the school meetings and explain why an evaluation might be necessary.”

Legal Aid also helps students facing suspension or expulsion.  This includes finding ways to be proactive about avoiding the next disciplinary action and representing families in expulsion hearings.

“If a student is being continuously suspended, and the student has not yet been evaluated to see if there’s a behavioral disability present, we might request that an evaluation take place. If the student has already been evaluated and was found eligible for special assistance, and the student is receiving multiple incidents of discipline, there are special protections for students who have disabilities,” said Jessica.

The school team may conduct a functional behavior assessment (FBA), which will help identify triggers that may be causing the behaviors. The results of the FBA would then be used to create a Behavior Intervention Plan (BIP) to help address those triggers and meet the student’s needs.

Do you have a student that is struggling at school? Legal Aid may be able to help! To apply for assistance, call 888-817-3777, or complete an online intake, available 24/7, at lasclev.org.

Published in The Lakewood Observer: Legal Aid can help students get access to education