Students attending a primary or secondary school, college or university, or other education programs will encounter a myriad of academic and social challenges. Yet, students with disabilities can face further trials. Applying for accommodations for disabilities can be a burdensome process, and students who don't receive support early face an increased risk of not graduating. One study shows that 70 percent of students with mental health disabilities are not registered to receive accommodations, one-third of which weren't even aware they could. Nevertheless, they aren't alone in their struggles, as one in five students enrolled in higher education has a physical, mental, or emotional disability. Although numerous state and federal laws require schools to provide reasonable accommodations to students with disabilities, Arizona schools sometimes fail in their legal obligations. If your K-12 school, an institution of higher education, or other educational program fails to recognize your disability or denies reasonable accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team stand ready to engage Arizona schools so you can gain equal access to education.
Disabled Student Rights in Arizona
Disability Accommodations in Arizona
According to the U.S. Department of Education's (USDOE) Office of Civil Rights, Arizona schools—like others nationwide—must provide all students the right to a "free appropriate public education." Consequently, students with disabilities must be afforded accommodations for qualifying impairments when they are enrolled in education programs. The leading federal law regulating primary and secondary schools is the Individuals with Disabilities Education Act (IDEA), which manages how schools recognize student disabilities and outlines how individualized education plans (I.E.P.s) must augment a student's education. Moreover, Schools must provide disabled students with an education in the "least restrictive environment;" therefore, schools cannot separate students with disabilities from majority-student populations unless extreme circumstances permit. Section 504 of the Rehabilitation Act also directs Arizona's colleges and universities to provide reasonable accommodations for students with disabilities. Accommodations for qualifying disabilities may include digital or mechanical equipment to assist with a student's communication or mobility, classroom or facility alterations, schedule adjustments, substitute testing procedures, and others that will provide equal education access.
A.D.A. Issues and Lawsuits in Arizona
Title II of the Americans with Disabilities Act (A.D.A.) is an additional federal law compelling Arizona's institutions of higher education to recognize and accommodate qualifying disabilities. The A.D.A. covers a wide range of impairments. These include cancer, diabetes, muscular dystrophy, reduced hearing, vision, or mobility, as well as many others. The law also incorporates accommodations for intellectual and emotional disabilities like ADHD, anxiety disorders, autism, dyslexia, epilepsy, and other psychiatric conditions where medication is required. The federal government will enforce A.D.A. disability rights through formal lawsuits or civil actions. However, since I.E.P. and Section 504 enforcement falls solely on the federal government, the Arizona Department of Education isn't required to hold schools or districts accountable. Frequently, the USDOE relies on parent complaints to prompt enforcement. Parents aren't typically experts on civil rights protection and education law but are left to take on the role of disability advocates.
Arizona State Disability Laws
Arizona state disability laws generally track with federal laws. Arizona Revised Statutes (A.R.S.) §15-763(A) states that charter and district schools must "develop policies and procedures for providing special education to all children with disabilities." Although Arizona charter schools may limit admission to students within a given age group, grade level, or gender, A.R.S. §15-184(G)(H) asserts they cannot limit the number of students with disabilities they enroll or deny them admission because they don't offer special education programs or reasonable accommodations. If you or your student has a dispute with an Arizona school over admission, reasonable accommodations, or access to programs and scholarships, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Arizona
Disabilities Affecting Academic Progression Issues in Arizona
Reasonable accommodations will help a student with disabilities access equal education, but those same students must also meet a school's academic progression requirements. Arizona schools require all students to maintain satisfactory academic progress (SAP) while enrolled. SAP standards typically include benchmarks of semester or cumulative grade point averages, course loads, percentage of credits earned, and a time limit for graduation once enrolled. However, Arizona institutions may fail to offer reasonable accommodations to students with disabilities so they may meet SAP requirements or adjust them so they can achieve the school's minimum academic standards. Thus, disabled students may violate a school's SAP policy and have academic misconduct charges brought against them because the school failed to recognize a qualifying disability. In that case, a student's disability rights can be a defense against unjust allegations. National education attorney-advisor Joseph D. Lento can defend your rights and help you fight against allegations hindering your journey toward graduation.
Disabilities Affecting Misconduct Discipline in Arizona
A student's disabilities may also affect a school's disciplinary proceedings. An emotional, mental, or physical disability could prevent a student's self-defense. State and federal disability laws require schools to also reasonably accommodate disabled students in disciplinary hearings. Autism, bipolar disorder, depression, post-traumatic stress disorder, and others affect student behavior, and when students aren't reasonably accommodated, schools may misinterpret actions and unfairly punish students with disabilities. When sanctions are on the table, federal IDEA and Section 504 laws require K-12 schools to conduct a manifestation determination review, which may alter a student's I.E.P. or lead to placement in an alternative education program. The Lento Law Firm has demonstrated experience in education law and can assist students in misconduct hearings in which the school has not provided accommodations.
School Disability Attorney-Advisor Available in Arizona
Arizona must follow the same federal disability laws as other states. Although federal law supersedes any narrower state laws or regulations, schools and state education agencies sometimes aren't held accountable. You have the right to pursue an equal education and to have access to any program or resource afforded to any other student. National education attorney-advisor Joseph D. Lento has represented hundreds of students in Arizona and nationwide with disability accommodations, misconduct allegations, failure to meet academic requirements, and other related school issues. Call 888-535-3686 today or visit the confidential online consultation form to retain attorney-advisor Lento and the Lento Law Firm's Student Defense Team.
