Students with disabilities have the same right to an education as any other person. Unfortunately, many schools in Louisiana fail to make appropriate accommodations for students with special needs, which may prevent students with disabilities from reaching their full potential. Whether it is a learning disability like ADHD, a cognitive problem like autism, or a physical disability like blindness or deafness, students with disabilities need a supportive environment that includes them as a valued part of the classroom.
At the Lento Law Firm, national educational attorney-advisor Joseph D. Lento believes in helping students get the support they need. Our team of experienced education law professionals can help you work with your school's administration and can help ensure that you or your child get the educational accommodations that the law requires. If you are struggling with disability accommodations at your Louisiana school, retain the Lento Law Firm today.
Disabled Student Rights in Louisiana
Disability Accommodations in Louisiana
If you are a student or the parent of a student with disabilities, both state and federal laws protect your right to an education. In Louisiana, several federal laws require schools to make accommodations for disabled students or risk losing their federal funding. The main federal law which protects students from elementary school through high school in Louisiana is the Individuals with Disabilities Education Act (IDEA). Among other things, this law requires Louisiana schools to provide free and appropriate public education, an individualized educational program, and the least restrictive setting possible to accomplish those goals. Students should be evaluated by their schools, and their parents should have liberal access to their child's educational records and assessments. For older students at higher educational levels, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act ensure that students with disabilities have a level playing field to compete with other students and prevent discrimination based on a person's disabilities.
ADA Issues and Lawsuits in Louisiana
The Americans with Disabilities Act, or ADA, requires colleges and universities throughout Louisiana to provide reasonable accommodations to students with disabilities. Under the ADA, students bear the responsibility to inform their postsecondary institution of their disability so that the school can provide accommodations. Students must show that they have a physical or mental impairment that substantially limits one or more major life activities and that they have a record of their disability.
Once a student sufficiently proves that they are disabled under the meaning of the statute, the school is required to reasonably accommodate the student's disability. For example, this could mean that students with ADHD or other learning disabilities could receive extra time to complete a test, or a blind student may be provided a reader to help with assignments. If a school refuses to provide reasonable accommodations, the student may be able to file a lawsuit against the school or make a complaint with the Department of Justice's Civil Rights Division, which is tasked with enforcing compliance with federal law.
Louisiana State Disability Laws
In addition to federal disability protections, students in Louisiana are also protected by state law. Under state law, students with disabilities (known as "exceptionalities" in Louisiana) from ages 3 through 21 must be provided with free, appropriate education and an individualized education plan to help them achieve educational standards. Schools have a responsibility to identify younger students with special needs and adapt their educational programs so that disabled students may fully participate. If they do not, parents can file a complaint with the Louisiana Department of Education's (LDOE) dispute resolution system. The LDOE provides a separate process for parents and their attorney or advisor to quickly address and rectify problems by accommodating student disabilities at school. If you are having trouble with your school administration, national educational attorney-advisor Joseph D. Lento and the experienced professionals at the Lento Law Firm can help.
Disability as a Mitigating Factor in Louisiana
Disabilities Affecting Academic Progression Issues in Louisiana
In addition to making adequate provisions like extra testing time for a student's disabilities, a school may also be required to allow disabled students to meet the criteria for graduation in non-traditional ways. Not all students with disabilities are capable of progressing academically to meet the state's educational standards, and Louisiana law reflects that.
For example, the April Dunn Act in Louisiana allows students with disabilities who struggle with traditional testing methods to still earn course credit and progress through to graduation. If the team in charge of a student's Individualized Educational Program believes that the student can show proficiency in another way, for instance, by preparing an oral presentation rather than taking a written test, then the student may pass without meeting traditional educational criteria. Additionally, Louisiana also offers the LEAP Connect Alternative Graduation Pathway as a way for students with severe cognitive disabilities to progress through school.
Disabilities Affecting Misconduct Discipline in Louisiana
Like all young people, students with disabilities may occasionally act out in school. In Louisiana, state law provides that a student with disabilities may only be suspended for up to ten days total during a school year or up to ten days in a row, as long as the misbehavior was not caused by the student's disability. The student's IEP team must review the suspension, decide if the misbehavior was caused by the student's disability, and if so, develop a plan to address the behavior. If the student's disability did not contribute to the misbehavior, then the student may be punished the same as any other student without disabilities.
Dealing with school discipline can be complicated, especially when you or your child is also struggling with a disability. At the Lento Law Firm, attorney-advisor Joseph D. Lento and our team of dedicated education law professionals will work to help defend you against allegations of misconduct at school.
School Disability Attorney Advisor Available in Louisiana
Schools in Louisiana have a legal obligation to provide reasonable accommodations to students with disabilities and special needs. Both federal and Louisiana state laws require schools to work with students and their parents to provide a quality educational experience. If you are struggling to get the educational access you deserve, national education attorney-advisor Joseph D. Lento can help. The Lento Law Firm has successfully represented students across the country and can help you negotiate disability accommodations, academic progression issues, and behavioral misconduct accusations. Call 888.535.3686 today to retain attorney-advisor Joseph D. Lento and the experienced student defense professionals at the Lento Law Firm.
