Students with disabilities at any level of education will encounter challenges with demanding academic calendars, staying eligible for financial aid, and even applying for disability accommodations. Yet, they shouldn't feel alone in facing adversity. One study shows that nearly 20 percent of college and university students nationwide have a disability. Although there is a myriad of state and federal laws compelling schools to grant reasonable accommodations for qualifying disabilities, some schools in the District of Columbia may fail to provide them. As a parent, you don't want school administrators mistreating your child. If your child's school or program refuses to acknowledge their disability or offer legally-required accommodations, contact national education lawyer Joseph D. Lento and the Lento Law Firm's Student Defense Team. They stand ready to defend any student pursuing an education.
Disabled Student Rights in the District of Columbia
Disability Accommodations in the District of Columbia
According to the U.S. Department of Education's Office of Civil Rights, every primary and secondary school student is guaranteed a "free appropriate public education" (FAPE). Moreover, regardless of what type of disability a student has, they must be instructed in the "least restrictive environment." Therefore, disabled students will not be excluded from in-school majority populations. The Individuals with Disabilities Education Act (IDEA) is the primary federal law overseeing nationwide access to disability accommodations in school. K-12 schools are obliged to manage student disabilities by identifying, assessing, and managing impairments through an individualized education plan (IEP). Institutions of higher education in the District of Columbia and elsewhere are directed by Section 504 of the Rehabilitation Act to grant disability accommodations to students. They may include physical equipment, facility conversions, service personnel, schedule modifications, substitute testing methods, and other provisions.
ADA Issues and Lawsuits in the District of Columbia
Title II of the Americans with Disabilities Act (ADA) also compels the District of Columbia's colleges and universities to provide program accommodations for qualifying disabilities. The ADA covers a variety of physical disabilities and cardiovascular, endocrine, musculoskeletal, respiratory, and other bodily conditions, but also emotional, intellectual, and psychiatric disabilities requiring medication or therapy. The federal government's guidelines and disability rights will be enforced through lawsuits or civil actions. For example, a suit alleged that special education students sustained unexplained injuries while under the car and supervision of the District of Columbia Public School system, thus violating the ADA.
District of Columbia Disability Laws
All U.S. states have further disability laws. Even though the District of Columbia doesn't have statehood, it will have municipal regulations governing special education and other school disability laws. Title 5-A of the District of Columbia Municipal Regulations §3001.11 permits parents to seek special education services from the local education agency (LEA) for children as young as three. §3028.5 states that LEAs may terminate special education and related services after the school year in which the child turns 22, but will grant them a" summary of performance" at no cost. §3043.3 protects students with disabilities from being suspended for more than ten consecutive days without school personnel conducting a manifestation determination review (MDR). No matter what the District of Columbia's laws and regulations say about guarantees for students with disabilities, issues may arise. Regardless of the situation, having Lento Law Firm's Student Defense Team work for you and your child is essential.
Disability as a Mitigating Factor in the District of Columbia
Disabilities Affecting Academic Progression Issues in the District of Columbia
Disability accommodations will also help secure necessary alterations to a school's academic progression policies. Generally called satisfactory academic progress (SAP) policies, these semester and cumulative-based guidelines are used to assess academic development at all levels of education. Some SAP requirements at District of Columbia schools include minimum grade point averages, the number of course credits taken, the number of classes passed, and graduating before a specific time frame expires. Some programs, however, may refuse to change their academic standards, putting disabled students at risk of failing to obtain an education used to build a bright career. Fortunately, a student's disability rights are a solid defense against a school's unfair treatment and misappropriation of SAP policies. National education lawyer Joseph D. Lento can fight for your right to FAPE and the capacity to secure academic modifications.
Disabilities Affecting Misconduct Discipline in the District of Columbia
Like anyone else enrolled in school, students with disabilities can have misconduct allegations levied against them. Emotional, mental, and physical disabilities will impact their progression through grievance procedures and the disciplinary process's fast-paced phases. Students with disabilities like ADHD, Asperger's Syndrome, autism, and post-traumatic stress disorder may have immense stress placed upon them, affecting their capacity to defend themselves. But students with any disability can be threatened by the stringent punishment process. When primary and secondary school students are subject to misconduct procedures, IDEA and Section 504 laws require school administrators and special education personnel to conduct a MDR. The review will be used to assess the possibility the student has an unidentified disability or reexamine an existing one. A student may then have an IEP implemented to manage their education, have a current IEP adjusted, or even alleviate sanctions in some cases. MDRs also determine if a District of Columbia alternative educational setting (AES) may help a student. Some District of Columbia schools may refuse to acknowledge that disabilities affect students during misconduct proceedings and even seek to place them in an AES by mistake. The Lento Law Firm's Student Defense Team has proven experience in special education law and can support students threatened by the disciplinary process in any school.
School Disability Lawyer Available in the District of Columbia
The District of Columbia's schools must abide by federal disability laws above any lower municipal regulations that may limit opportunities for students with disabilities. Each student has the right to access any academic program without being excluded or punished due to any emotional, mental, or physical disability. National education lawyer Joseph D. Lento has provided relief for countless students in the District of Columbia and nationwide in obtaining disability accommodations, representing them in disciplinary procedures, and managing other school-related issues. 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.
