That a student has a disability does not make them less entitled to an education. Recognizing the need to ensure students with disabilities receive an education and all of the related advantages of an education, the United States protects the rights of students with disabilities via laws such as the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA).
Some of these laws apply to students specifically in K-12, and others to students of all ages and specialties. Depending on the age of the student and the specifics of their disability, a student may be responsible for advocating for themself. Younger students, for example, are more reliant on parents, guardians, teachers, and other school officials to help them obtain the support they need. College or graduate students are responsible for asking for the help they need.
States may also pass their own laws above and beyond those passed by the federal government. States can increase protections for students with disabilities but not reduce their rights. Failure to receive the support you need could affect not only your education but also your future. The Lento team has nationwide experience in assisting students with disabilities get the accommodations they need to succeed.
Rights for Students with Disabilities
The ADA protects individuals with disabilities from discrimination. From ensuring buildings are handicap accessible to finding alternative methods of communication, the purpose of the ADA is to allow people to participate in daily life as much as possible.
To qualify for accommodations, you must have a documented disability. Simply claiming a disability is insufficient to trigger either federal or state law. The proof necessary varies depending on your specific circumstances. In general, you will need to provide a note from a doctor or test results that provide evidence of your disability. In some cases, a medical professional may include recommended accommodations or support.
The Lento Law Firm Team is experienced in disability rights can help you navigate the various federal and state laws as well as making sense of school policies. They can help you ensure you have the proper documentation for your specific disability.
Reasonable Accommodations
Schools are not required to provide all possible accommodations but reasonable accommodations. Factors such as the cost and the disruption to others may factor into determining whether an accommodation is reasonable.
Michigan, for example, has a cost cap to determine some reasonable accommodations. In general, such determinations are made on a case-by-case basis.
Another factor to consider is whether an accommodation will fundamentally alter a course. A school may deny a request if the school determines that the requested accommodation would result in a student having a significantly different experience in the course.
On a related note, schools may consider the burden an accommodation places on the teaching staff. Schools may allow instructors to approve or deny requests for accommodations within their courses. The University of Washington's Accommodation Policy provides an example of giving instructors the right to both deny requests and request reconsideration for approved accommodations.
Enforcement
When a school denies a request for accommodation, students generally have the right to appeal within the institution. In rare cases, they may wish to involve the government. Both the federal government and state governments have appeals and enforcement divisions. Students, parents, and guardians need to be aware of not only the federal laws but also the rules, policies, and regulations for their specific state and school.
The Department of Justice enforces the ADA under federal law. At the state level, enforcement mechanisms vary. The Georgia Department of Education, for example, gives students and parents multiple avenues for dispute resolution. Utah also offers several opportunities for dispute resolution, although the state provides a table for how, when, and who may begin each option.
For the vast majority of cases involving a denial of either resources or accommodations, most students should begin with their school's policies and appeals procedures. Some schools will have separate divisions for student versus staff and faculty disability accommodations. Others may have a single office to handle all disability requests and accommodations.
Students with disabilities, especially those in college, need to know how their school structures its disability support services. This is important not only to properly request the help and support you need but also to appeal decisions that may undercut your education.
The Lento Law Firm Team can help students nationwide with both requesting accommodations and appealing denials for support. They can also assist when students move between states to minimize the disruption that result from differing state laws and policies.
Temporary Accommodations
Students with temporary disabilities may also qualify for support. For example, the ADA covers both individuals with cancer and those who require a mobility aid, such as a wheelchair or a walker. These conditions may be temporary, but that doesn't reduce the need for support. Schools are still required to provide support and accommodations, and the Lento Law Firm can help students qualify for temporary accommodations to minimize disruption to their education.
Disability as a Defense or Mitigating Factor
For Academic Progression Issues
If you're struggling to reach benchmarks or other goals in your academic progression, your accommodations may not be properly addressing your disability or providing an appropriate alternative. If and when you aren't succeeding in the classroom, you may need to reevaluate your current accommodations or work with school officials to find a better option.
Some issues may involve a variety of factors. In others, the problem may be that your school denied your accommodations request or presented you with an alternative that doesn't provide you with needed support. In these cases, you should show why you need to change your accommodation or why the school needs to reconsider your original request.
Again, schools are only required to provide reasonable accommodations. A school does not have to automatically approve a request and can suggest an alternative. Likewise, your needs may change. The Lento Law Firm can help you change or request new accommodations.
For Disciplinary Issues
If you're accused of misconduct, your school may fail to take into account your disability. Schools may not appreciate how their policies put an unfair burden on students with disabilities. When you're facing an accusation of misconduct, you need to ensure your school takes your disability into account during the process.
If you've been accused of misconduct, the Lento Law Firm can assist you in protecting your rights and your education. You shouldn't be disciplined as a result of your disability.
You Deserve to Succeed
The ADA, the IDEA, and related state laws are intended to empower individuals with disabilities to participate in daily life, including education. Once a student provides evidence of a documented disability, schools must provide them with reasonable accommodations.
When a school denies a request, fails to allow for alterations to accommodations, or provides substandard accommodations, students may struggle in classes or need outside support to help them get back on track. Students with disabilities should not have their education derailed by a lack of support or schools failing in their legal obligations.
The Lento Law Firm has nationwide experience in navigating the ADA and IDEA. We can protect your rights and improve your chances of getting the accommodations to which you're entitled by law. Contact the Lento Law Firm at 888-535-3686 or online.
