Being a disabled student should not set you apart from other students and should not negatively affect your education, especially when nearly one out of every five higher-education students is disabled. As such, state and federal legislation endeavors to create reasonable accommodations for disabled students to help them achieve their educational and career goals seamlessly. Unfortunately, though, many schools drop the ball when it comes to providing reasonable accommodations, creating excessive frustrations and difficulties for students and their families.
If your school is not recognizing or accommodating your disability, student disability attorney advisor Joseph D. Lento can help. Call Lento Law Firm today.
Disabled Student Rights in Georgia
Throughout the country, students have particular state and federal rights surrounding disability accommodations that must be given to them if requested.
Disability Accommodations in Georgia
Schools in Georgia are required to comply with state and federal disability laws. These laws mandate which disabilities qualify for accommodations and what accommodations must be made readily available for disabled students.
The Individuals with Disabilities Education Act (IDEA) is a federal law that requires Georgia's elementary and secondary schools to create individualized education plans (IEPs) for students with qualifying disabilities and provide them with reasonable accommodations.
Additionally, Section 504 of the Rehabilitation Act of 1973 requires colleges and universities in Georgia to provide reasonable accommodations for disabled students, no matter if they are undergraduates, graduates, or in professional schools. Accommodations can include anything from adapting the facility to be more accessible for wheelchairs, modifying the student's schedule, or providing blind students with screen readers. Whatever the accommodation, it can have a profound effect on the student's learning experience.
ADA Issues and Lawsuits in Georgia
The Americans with Disabilities Act (ADA) has five Titles. Title II is divided into two sections – Subtitle A and Subtitle B. Subtitle A covers all the services, programs, and activities expected from state and local governments. While Subtitle B covers all the requirements, public transportation must follow. As such, Georgia colleges and universities are expected to abide by Subtitle A and provide reasonable accommodations to students with qualifying disabilities.
The Department of Education interprets and expands the rights of disabled students outlined in the ADA. They have interpreted the ADA to include not just physical and visible disabilities but also neurological and mental differences like ADHD, dyslexia, and psychiatric conditions that require medication.
When it comes to civil lawsuits, the Department of Justice's Civil Rights Division (DOJ) will enforce ADA disability rights in Georgia. For example, in a 2016 ruling, the DOJ found that Georgia's separate school program for students with behavior-related disabilities violated the ADA because the program was unnecessarily segregating students and providing them with inferior academic and educational opportunities.
Georgia State Disability Laws
Georgia's disability laws reflect the federal laws exactly, including the new architectural standards the ADA has put out for new construction or alteration of current buildings.
Disability as a Mitigating Factor in Georgia
When disabilities are not accommodated well, they will inhibit students from achieving their goals and prevent them from defending themselves during disciplinary hearings.
Disability Affecting Academic Progression Issues in Georgia
Without reasonable accommodations in classroom and technology accessibility, special instruction, and services or equipment, disabled students are unable to put forth their best effort. Instead of worrying about exams and studying, they are worried about whether there is a ramp into the building with a handicap button to automatically open the door for them.
Additionally, disabilities have a direct effect on the student's ability to maintain academic progress. All schools in Georgia require students to keep their grades above a specific minimum and to progress through the program at a certain pace. If a student's grades fall below this minimum, or they are having a hard time progressing through their program on time, the university or college will generally place them on probation.
The probationary period is meant to reinforce the necessity of their academic progress and push them to work harder to meet it. Once they have, they are removed from academic probation. If they cannot maintain that level of progress, they will face harsher sanctions the second time around.
For disabled students, not having access to reasonable accommodations can make their achievements inaccessible. Putting them on probation and, often, forcing them to fall behind. If your school is ignoring your disability rights by refusing to accommodate you, they are inhibiting your ability to meet their academic standards and then punishing you for it. Working with an attorney advisor will ensure your needs are met, and your chance at an education is better pursued.
Disability Affecting Misconduct Discipline in Georgia
Unfortunately, disabilities can also affect misconduct proceedings in Georgia schools by preventing the student from participating fully in their proceedings. In Georgia and federally, schools are supposed to accommodate disabled students so that they can defend themselves in misconduct proceedings.
Additionally, many administrators and instructors have misunderstood or misconstrued the behavior of disabled students. When this happens, students are unnecessarily punished for behaviors that would not have occurred if they had been given appropriate accommodations in the first place. The Individuals with Disabilities Education Act (IDEA) requires individualized education plans (IEPs) for disabled students to ensure they are receiving an acceptable education. IEPs are ever evolving - being restructured every year, making sure to evolve with the student and their current needs.
School Disability Attorney Advisors Available in Georgia
If your child's school has failed to provide them with appropriate accommodations, in direct violation of both Georgia and federal laws, Attorney Joseph D. Lento and Lento Law Firm can help.
Attorney Lento has spent years helping disabled students, and their families receive the modifications they need, whether in the classroom, online, or during misconduct proceedings. He will work tirelessly to ensure your school not only upholds your rights but also that you are not being unreasonably punished for behaviors outside of your control. Call 888-535-3686 today for help, or schedule a consultation online.
