Oklahoma students living with disabilities work tirelessly in pursuing an education of their choice, but they aren't alone in their journeys. One official study shows that across the U.S., roughly 20 percent of students enrolled in colleges and universities have a disability. While there is an abundance of state and federal laws and guidelines obliging schools to provide students with disabilities reasonable accommodations, sometimes Oklahoma schools fail to act. If your primary or secondary school, institution of higher education, or other educational program refuses to recognize your disability or grant reasonable adjustments, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team stand ready to support disability disputes against Oklahoma schools at any grade level or degree program.
Disabled Student Rights in Oklahoma
Disability Accommodations in Oklahoma
Oklahoma schools must obey state and federal disability laws requiring accommodations for qualifying disabilities to ensure their rights to a "free appropriate public education" (FAPE), per the U.S. Department of Education's Office of Civil Rights. The Individuals with Disabilities Education Act (IDEA) is the principal federal law requiring Oklahoma's K-12 schools to reasonably accommodate student disabilities. IDEA directs schools to recognize disabilities and then implement and preserve an individualized education plan (IEP) for affected students. The law explains that public schools must provide all students with disabilities an education in the "least restrictive environment" and cannot separate them from in-school majority student populations without good reason. Likewise, Section 504 of the Rehabilitation Act requires Oklahoma's colleges and universities to provide similar accommodations and program modifications for students with disabilities. Reasonable accommodations can include enhanced communications and mechanical equipment, classroom and facility conversion, schedule variation, alternative testing methods, and other changes that will guarantee students with disabilities equal access to education.
ADA Issues and Lawsuits in Oklahoma
Title II of the Americans with Disabilities Act (ADA) is a supplementary federal law requiring Oklahoma colleges and universities to accommodate qualifying students with disabilities. To prevent discrimination against students with disabilities, the ADA covers a wide range of incapacities. They include physical disabilities like reduced hearing, sight, and mobility, cancer, HIV, muscular dystrophy, and others. Yet, mental and emotional disabilities like ADHD, anxiety disorders, autism, epilepsy, and other psychiatric conditions require medication. By pursuing private lawsuits and civil actions, governments can enforce ADA disability rights. For example, the Oklahoma state Supreme Court sided with Oklahoma's disabled students against school districts seeking to block their state disability aid.
Oklahoma State Disability Laws
Oklahoma state disability laws generally follow federal laws. Though, some Oklahoma laws slightly expand disabled student rights. For instance, the Oklahoma State Department of Education (OSDE) asserts that it extends the age to which IEPs apply from the federal age of 21 to when the student turns 22. As well, Oklahoma Statutes §1210.508-3 explains that students with the "most significant cognitive disabilities" will be provided exemptions from the mandated tests and will be assessed with alternate achievement standards. If you or your student has a dispute with an Oklahoma school over disability rights, accommodations, or access to programs and scholarships, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Oklahoma
Disabilities Affecting Academic Progression Issues in Oklahoma
Although reasonable accommodations will help a disabled student gain access to equal education, disabilities can also affect how a student manages a school's academic progression requirements. Oklahoma schools require all students to meet satisfactory academic progress (SAP) standards. Students with disabilities will be compelled to do the same, but with reasonable accommodations. SAP standards typically include minimum thresholds of cumulative grade point averages, semester credit hours, completing a certain percentage of credits, and a maximum timeframe for graduation. Oklahoma schools, however, may fail to provide those accommodations to students or adequately adjust requirements so students with disabilities may meet the school or program's academic standards. Subsequently, a disabled student may violate a school's SAP policy, thus receiving academic probation or suspension because of the institution's failure to provide or adjust their legally-required accommodations. A student's disability rights may be a defense against academic misconduct allegations brought on by a school's strict usage of its SAP standards. National education attorney-advisor Joseph D. Lento can affirm your disability rights and work with you to appeal to the school's governing body against sanctions, including reinstatement.
Disabilities Affecting Misconduct Discipline in Oklahoma
A student's disabilities can also affect misconduct proceedings conducted in Oklahoma schools. An emotional, intellectual, or physical disability could prevent a student accused of misconduct from defending themselves in the grievance proceedings. State and federal disability laws require schools to reasonably accommodate disabled students so they can defend themselves appropriately in disciplinary hearings. Yet, school administrators may misunderstand a student's conduct if they have mental or emotional disabilities, not just physical impairments. Autism, Asperger's syndrome, post-traumatic stress disorder, and others affect the attitude and social behavior of affected students. Therefore, when students aren't reasonably accommodated regarding school misconduct policy, the failure may unfairly punish students with disabilities. Federal IDEA and Section 504 laws and their state equivalents require a manifestation determination review before a K-12 school can alter a student's IEP or pursue placement in an alternative education program. The Lento Law Firm has demonstrated experience in education law and can assist students in the throes of misconduct hearings in which the school has not accommodated their disabilities.
School Disability Attorney-Advisor Available in Oklahoma
Oklahoma is tasked with following the same federal disability laws that apply in other states, which supersede any and all state laws or regulations. Even though the OSDE and Oklahoma statutes usually don't limit disability rights, there are instances when students with disabilities can suffer maltreatment. You or your student have the legal authority in Oklahoma to pursue an equal education without a disability interfering with access to any program or resource afforded to any other student. National education attorney-advisor Joseph D. Lento has represented hundreds of students in Oklahoma and nationwide with disability accommodations, misconduct allegations, failure to meet 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.
