Any student will face challenges while pursuing education, but students with disabilities may face additional obstacles between them and graduation. Such difficulties may include social challenges, demanding academic tasks, and obtaining disability accommodations. Yet, students with disabilities shouldn't feel alone in their endeavors. For example, one study shows that disabled students account for nearly 20 percent of all enrollees at colleges and universities nationwide. Regardless of the type of disability—emotional, mental, or physical—state and federal laws require schools to provide reasonable accommodations for qualifying conditions. However, Alaska's schools sometimes fail in their obligations to students, threatening their access to equal education and chances of graduation. If your primary or secondary school, institution of higher education, or other academic program refuses to account for your disability and provide reasonable accommodations, contact national education lawyer Joseph D. Lento. He and the Lento Law Firm's Student Defense Team stand equipped and ready to fight for your disability rights and equal education access.
Disabled Student Rights in Alaska
Disability Accommodations in Alaska
The U.S. federal government plays a substantial role in providing and protecting disability accommodations in educational settings. The Department of Education's Office of Civil Rights explains that all students enrolled in primary and secondary schools will be guaranteed a "free appropriate public education" (FAPE) until they are 21. In some states, early special education support services are available for children with qualifying disabilities as young as three and will continue until they graduate. Once in school, K-12 students with disabilities must be taught in the "least restrictive environment," meaning disabled students can't be isolated from the majority of in-school populations unless emergency circumstances exist. The primary federal regulation affording students access to disability accommodations is the Individuals with Disabilities Education Act (IDEA). The law requires primary and secondary schools to identify a student's emotional, mental, and physical impairments and address how their education is best managed through an individualized education plan (IEP). Additionally, Section 504 of the Rehabilitation Act directs institutions of higher education in Alaska—and in all other states—to create academic and environmental accommodations for students with qualifying disabilities. Some accommodations students may receive include but are not limited to, equipment, services, or software to augment a student's mobility or senses, classroom conversions, schedule modifications, alternative testing procedures, and other provisions that guarantee FAPE for students.
ADA Issues and Lawsuits in Alaska
A further federal law directing Alaska's colleges and universities to accommodate qualifying disabilities is Title II of the Americans with Disabilities Act (ADA). The ADA covers a myriad of physical disabilities for students with cardiovascular, endocrine, digestive, musculoskeletal, neurological, and respiratory system issues. Intellectual and emotional disabilities like anxiety conditions, learning incapacities, and psychiatric disorders requiring medication or therapy are also covered under the act. The U.S. government's ADA guidelines and disability rights will be enforced through formal lawsuits or civil actions. For example, the U.S. Department of Justice found that Alaska schools were segregating and unnecessarily institutionalizing students with behavioral disabilities, thus violating the ADA.
Alaska State Disability Laws
Alaska's state disability laws generally track with federal laws. Yet, while the federal government guarantees FAPE for students until they reach age 21, Alaska extends the age limit to 22, per the Alaska Department of Health. If you or someone you loves is an Alaska student with a disability, no matter how narrow the state's law regarding disabled students is, you can secure program access and relief from burdensome administration officials.
Disability as a Mitigating Factor in Alaska
Disabilities Affecting Academic Progression Issues in Alaska
Students with disabilities have the legal right to access any educational program available to other students. Yet, they must also adhere to an institution's academic progression policies, irrespective of level or degree concentration. Typically referred to as satisfactory academic progress (SAP) policies, these guidelines are generally comprised of thresholds each student must meet every semester or cumulatively. Some standard SAP requirements are minimum grade point averages, course credits attempted, course credits passed, and a maximum time period for graduation. However, Alaska's schools may refuse to modify their academic standards for students with disabilities. Fortunately, a student's disability rights are a defense against academic discipline that could lead to dismissal. National education lawyer Joseph D. Lento can fight for your right to graduate with a degree or diploma.
Disabilities Affecting Misconduct Discipline in Alaska
If a disabled student faces misconduct allegations, their condition will also have an effect on how they handle the disciplinary procedures. The investigative, hearing, and sanctioning stages are rigorous procedures requiring evidence collection, witness testimony, and lengthy discussions with disciplinary officials. Any emotional, mental, or physical disability can greatly impact a student's ability to defend themselves. Luckily, state and federal disability laws require schools to provide accommodations for students with disabilities including, but not limited to, ADHD, Asperger's Syndrome, autism, post-traumatic stress disorder, and others affecting a student's behavior. When students in primary and secondary schools are subject to the grievance process, IDEA and Section 504 laws require school administrators to conduct a manifestation determination review (MDR). If a student's IEP needs to be altered to better facilitate their education, the MDR will establish the process moving forward. An MDR will also determine if an Alaska alternative education program is an effective option. Some Alaska schools may neglect how disabilities affect students, especially when levying sanctions. The Lento Law Firm has proven experience in special education law and can assist in the school disciplinary process at any level keeping you or your loved one intact with academic studies.
School Disability Lawyer Available in Alaska
Alaska's schools and educational institutions are compelled to follow federal disability laws and regulations beyond any narrower state laws. Students with disabilities have the right to pursue any education or access any academic program afforded to others. National education lawyer Joseph D. Lento has represented students in Alaska and other states in dealing with disability accommodations, disciplinary procedures, and other school-related concerns. Call 888-535-3686 today or visit the confidential online consultation form to retain education lawyer Lento and the Lento Law Firm's Student Defense Team.
