According to one official study, one in five college and university students nationwide live with an emotional, mental, or physical disability—a figure increasing every year. Fortunately, those pursuing diplomas and degrees are afforded reasonable accommodations for their qualifying disabilities. However, while state and federal laws compel schools at all levels to provide program modifications to students with disabilities, New Hampshire schools sometimes fail in their commitments. If your primary or secondary school, institution of higher education, or other educational program fails to recognize your disability or rejects your request for reasonable accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team are prepared to defend your state and federal disability rights guaranteeing equal education access.
Disabled Student Rights in New Hampshire
Disability Accommodations in New Hampshire
The U.S. Department of Education's Office of Civil Rights asserts that schools throughout the country must afford each and every student a "free appropriate public education" (FAPE). Consequently, students with qualifying disabilities must be given reasonable accommodations to fulfill FAPE requirements. Moreover, educational institutions must instruct students in the "least restrictive environment," meaning disabled students cannot be excluded from the majority in-school populations unless sufficient reasoning permits. The main federal law overseeing access to accommodations for students in K-12 schools is the Individuals with Disabilities Education Act (IDEA). Pursuant to the act, primary and secondary must identify student disabilities and manage a student's instruction through an individualized education plan (IEP). IEPs will follow a student until they graduate or they turn 21, whichever comes first. Section 504 of the Rehabilitation Act also directs New Hampshire's post-secondary schools to provide accommodations for students with disabilities, which include items like digital or physical equipment to enhance sense like hearing and sight, facility conversions, program or schedule modifications, alternate testing methods, and others.
ADA Issues and Lawsuits in New Hampshire
Colleges and universities must also accommodate qualifying disabilities per Title II of the Americans with Disabilities Act (ADA). The ADA covers a myriad of disabilities like cardiovascular, endocrine, musculoskeletal, neurological, reproductive, and respiratory diseases and disorders, and other restricting physical impairments. Yet, intellectual and emotional disabilities are also covered, like anxiety disorders, learning disabilities, and psychiatric conditions requiring medication or therapy. The federal government will enforce ADA disability rights through formal lawsuits or civil actions. For example, a federal lawsuit was filed against a special education center that is alleged to have abused disabled students.
New Hampshire State Disability Laws
New Hampshire state disability laws usually run parallel with federal laws. While IDEA affords students with disabilities the right to special education support services until age 21, recent New Hampshire legislation has extended the age range. New Hampshire House Bill 1513 passed and was signed into law to allow students to maintain their IEPs until age 21. If you or your student has a dispute with a New Hampshire school over school or program admission, reasonable accommodations, or access to special education programs, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in New Hampshire
Disabilities Affecting Academic Progression Issues in New Hampshire
While students will obtain FAPE through reasonable accommodations, those same students must also obey a school's academic progression policy. New Hampshire's K-12 programs and institutions of higher education require all students to maintain satisfactory academic progress (SAP). These standards typically include school year and semester-based targets of minimum grade point averages, the number of classes taken, percentage of classes passed, and a maximum time limit allowed for graduation. However, New Hampshire schools may fail to modify SAP requirements for disabled students, putting them at risk of violating a school's academic standards. If such a situation arises, a student's disability rights can be a defense against unfair discipline. National education attorney-advisor Joseph D. Lento can fight to protect your place at the school of your choice and defend your graduation plans.
Disabilities Affecting Misconduct Discipline in New Hampshire
Academic endeavors aside, disabilities can also affect how students handle school disciplinary procedures and their investigative, hearing, and sanctioning stages. An emotional, mental, or physical disability could prevent students from representing themselves effectively. State and federal disability laws protect disabled students as they require schools to provide accommodations during the grievance process. Recognized disorders like ADHD, autism, Asperger's Syndrome, depression, schizophrenia, post-traumatic stress disorder, and others influence a student's attitude and behavior, and school officials may misjudge actions and hand down unjust penalties. Anytime a K-12 school student risks disciplinary action, though, federal IDEA and Section 504 laws require manifestation determination review (MDR). An MDR will be conducted by the school or district's MDR or IEP team to establish if the student's IEP should be changed to improve their standing as a student or if they should be placed in a New Hampshire alternative education program. The Lento Law Firm has proven practice in education law and can assist students in the throes of misconduct hearings.
School Disability Attorney-Advisor Available in New Hampshire
New Hampshire's educational programs and institutions must follow federal disability laws that supersede any narrower state laws or regulations. As a student with a disability, you have the right to pursue an education and access any program or resource afforded to any other student. National education attorney-advisor Joseph D. Lento has represented students in New Hampshire and other states with disability accommodations, disciplinary allegations, misconduct proceedings, and other school-related 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.
