All students have the right to pursue their education uninhibited. This is especially true for disabled students who might find they need supplemental accommodations to achieve their goals. Nearly one out of every five higher education students is disabled, so both state and federal legislation work to provide these students with the reasonable accommodations they need to make their education, and thus their dreams, more accessible.
Despite these regulations being mandatory, many schools neglect to offer their disabled students even the most basic of accommodations. If your school has failed to recognize your qualifying disability or declines to provide you with the accommodations you need to correctly pursue your goals, Attorney Joseph D. Lento can help. Call today.
Disabled Student Rights in Michigan
Disabled students can rely on certain state and federal rights to compel their schools to provide them with reasonable accommodations. If the school fails to follow the guidance of the regulations, the student and their families can pursue the issue.
Disability Accommodations in Michigan
In Michigan, schools are supposed to follow the state and federal disability laws. These laws stipulate which disabilities qualify for accommodations and which accommodations disabled students should reasonably expect their schools to provide.
For instance, under the Individuals with Disabilities Education Act (IDEA), a federal regulation, Michigan elementary and secondary schools must draft individualized education plans (IEPs) for students with qualifying disabilities. IEPs name the exact services, instruction, and support the child will need during the school year to succeed. As all children's needs change from year to year, the IEP is meant to be an evolving document that is reviewed each year by the parents, instructors, and administrative staff.
Additionally, Section 504 of the Rehabilitation Act of 1973 states that colleges and universities must offer disabled students reasonable accommodations. At the college and post-graduate level, reasonable accommodations can include anything from designated notetakers for dyslexic students, lecture recordings for students with ADHD, and accessible classroom layouts for students in wheelchairs.
Both state and federal legislation understand that even the simplest accommodation can have a positive impact on the student's future.
ADA Issues and Lawsuits in Michigan
The Americans with Disabilities Act (ADA) is made up of five Titles that outlaw discrimination on the basis of disability for all individuals. Under Title II, the government outlines the specific services, programs, activities, and public transportation requirements schools must provide their disabled students.
While the ADA is a relatively specific document, the Department of Education (DOE) has been tasked with interpreting and expanding the rights of disabled students within it, as well as overseeing its enforcement. Since being given this power, the DOE has stated that the ADA includes all types of visible and invisible disabilities, including physical, neurological and mental disabilities, as well as psychiatric conditions that require medication.
In civil lawsuits around the country, though, the Department of Justice's Civil Rights Division (DOJ) has been asked to enforce the rights found in the ADA. For example, in February 2017, the DOJ settled an issue with the Bangor Township School District in Bay City, Michigan, over their refusal to let a student with disabilities use his service dog in school. In the DOJ's decision, the U.S. Attorney's Office explained public schools must modify their policies to permit the use of a service dog by a student with a disability under the ADA.
Michigan State Disability Laws
Michigan disability laws are based on the tenants laid out in the ADA. Overall, the state is committed to providing disabled individuals with accessible facilities and reasonable accommodations.
Disability as a Mitigating Factor in Michigan
There are many issues that might befall a disabled student's ability to pursue their education. For example, some disabled students might find it hard to attend classes or succeed in their exams because their basic needs are not being met by the school. When this happens, their ability to progress through their programs of study will be inhibited greatly, and they may end up having to defend themselves before a disciplinary committee. University neglect and failure should not be the fault of the student.
Disability Affecting Academic Progression Issues in Michigan
From the moment they wake up in the morning, disabled students are forced to problem-solve and overcome obstacles in their path. For students who do not receive reasonable accommodations, it will make their days even more difficult and frustrating. Without reasonable accommodations, disabled students will find it hard to complete their academic endeavors on the required timeline. Additionally, if disabled students are being penalized for missing class or an exam, they also will find it hard to continue their education at the required pace.
As such, without the appropriate accommodations, disabled students cannot be expected to meet their academic progression requirements, but many schools still do.
Disability Affecting Misconduct Discipline in Michigan
In other cases, the behavior of disabled students, especially those with neurological differences like Autism Spectrum Disorder, ADHD, or dyslexia, may be misinterpreted as misconduct. When this happens, disabled students may be referred to a disciplinary hearing. If the disciplinary hearing is not accessible, it will absolutely discriminate against the accused student, making it near to impossible to defend themselves properly.
School Disability Attorney Advisors Available in Michigan
Disabled students are supposed to be respected and offered certain rights and accommodations under the ADA and Section 504 of the Rehabilitation Act. But unfortunately, many schools fail to accurately follow these standards, and the disabled student is forced to suffer. When your school fails to provide you with the accommodations you need to make your education more accessible, Attorney Joseph D. Lento can help.
Attorney Lento is a skilled school disability advisor with experience helping students of all ages defend themselves against unnecessary punishments. Call 888-535-3686 today for help, or schedule a consultation online.
