Students with disabilities attending education programs in New Mexico will contend with numerous academic trials on their way toward a degree or diploma. But challenges receiving accommodations can present further challenges, and if students don't obtain early support, they face an uphill climb. Yet, they aren't alone in their pursuits. An official study shows that one in five students enrolled in higher education has a physical, mental, or emotional disability. State and federal laws require schools to provide reasonable accommodations to students with disabilities. However, New Mexico programs sometimes fail in their obligations. If you or your child's K-12 school, an institution of higher education, or another educational program fails to recognize your disability or declines to grant accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team stand ready to defend you or your child's right to an education.
Disabled Student Rights in New Mexico
Disability Accommodations in New Mexico
New Mexico schools must abide by state and federal disability laws delegating accommodations for qualifying disabilities, which guarantee a student's right to a "free appropriate public education" (FAPE), according to the U.S. Department of Education's Office of Civil Rights. The leading federal law governing how schools manage disabled students is the Individuals with Disabilities Education Act (IDEA). IDEA directs New Mexico primary and secondary schools to identify disabilities and oversee a student's progress toward graduation with an individualized education plan (IEP). Additionally, schools must offer all students with disabilities an education in the "least restrictive environment." Therefore, school officials can't separate disabled students from the majority of in-school populations without appropriate reasoning in extreme circumstances. Likewise, Section 504 of the Rehabilitation Act requires the state's colleges and universities to provide comparable accommodations and program modifications for students with disabilities. Reasonable accommodations can include devices to grant a hearing, speech, or visual support, physical equipment, classroom conversions, timetable alterations, substitute assessments, and other adjustments that guarantee FAPE.
ADA Issues and Lawsuits in New Mexico
Title II of the Americans with Disabilities Act (ADA) also necessitates accommodations for New Mexico students with disabilities. The ADA covers numerous physical incapacities, like reduced hearing, mobility, and sight, to cardiovascular, endocrine, and musculoskeletal diseases and disorders, as well as others. Similarly, mental and emotional disabilities like ADHD, anxiety disorders, autism, epilepsy, and other psychiatric conditions requiring medication are covered by the ADA. By pursuing lawsuits and civil actions, the government will enforce ADA disability rights. Yet, state agencies may step in beforehand to remain accountable. For example, the New Mexico state government sought to independently rein in the overuse of controversial restraint and seclusion practices for students in special education programs.
New Mexico State Disability Laws
The state's school disability laws will typically track with federal regulations. For instance, the New Mexico Administrative Code §6.31.2.7 affords students from the age of three until they turn 21 special education services. Section XIV of the New Mexico Public Education Department's Policies and Procedures for the Provision of Special Education Services for Students with Disabilities and Gifted Students states that the discontinuation of services will be based on the IEP committee's decision that the student "has mastered the goals and objectives, there is no longer an educational need, and the student no longer qualifies as a student with a disability based on current evaluation information." If you or your student has a dispute with a New Mexico school over disability rights, accommodations, or access to 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 Mexico
Disabilities Affecting Academic Progression Issues in New Mexico
While disability accommodations will help handicapped students gain access to equal education, their impairments can also affect how they are assessed regarding a school's academic progression requirements. New Mexico schools require all students to meet satisfactory academic progress (SAP) while enrolled. Students with disabilities must meet minimum thresholds of grade point averages, credit hours, and class completion percentages on a cumulative or semester basis, like others. However, they will be afforded reasonable accommodations to ensure a school's SAP policy isn't discriminatory. Though New Mexico schools sometimes fail to provide accommodations or adequately adjust SAP requirements for students with disabilities so they may achieve preset academic standards. Subsequently, a disabled student may violate a school's SAP policy and be at risk of disciplinary action. In that case, a student's disability rights can open up a defense against unjust academic misconduct allegations. National education attorney-advisor Joseph D. Lento can defend your or your child's rights and appeal to school administration officials to walk back undue sanctions.
Disabilities Affecting Misconduct Discipline in New Mexico
Misconduct proceedings can be affected by a student's disabilities, too. An emotional, intellectual, or physical disability could impede a student's defense, as New Mexico schools may misinterpret a student's conduct. Autism, Asperger's syndrome, and other anxiety disorders can affect a student's attitude and behavior. Therefore, when students aren't reasonably accommodated during school misconduct hearings, they may be unfairly punished. State and federal disability laws also compel schools to provide reasonable accommodations to disabled students in disciplinary hearings. Federal IDEA and Section 504 laws require a manifestation determination review before a primary or secondary school can modify a student's IEP or place them in an alternative education program. The Lento Law Firm has proven experience in education law and can assist students during misconduct hearings wherein the school has failed to provide reasonable accommodations.
School Disability Attorney-Advisor Available in New Mexico
New Mexico must obey disability laws that apply nationwide. Even though the state's law typically doesn't limit student disability rights, there are times when disabled students can experience maltreatment. Regardless of your or your student's qualifying disability, access to any program or resource afforded to any other student is available. National education attorney-advisor Joseph D. Lento has represented hundreds of students in New Mexico and across the U.S. with disability accommodations, misconduct allegations, 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.
