Degree-seeking Oregon students with disabilities aren't alone in their endeavors. One study shows that nationwide, nearly 20 percent of students enrolled in colleges and universities have a disability. Although state and federal laws and regulations must afford students with disabilities reasonable accommodations for equal access to education, sometimes Oregon schools fail to act accordingly. If your college, university, or training program will not recognize your disability or refuses to grant you accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team are also ready to stand behind you or your student's dispute with an Oregon school at any grade level, degree concentration, or educational program. Contact attorney advisor Lento and his team for help with your Oregon school disability issue.
Disabled Student Rights in Oregon
Disability Accommodations in Oregon
The U.S. Department of Education's Office of Civil Rights asserts that Oregon schools—like those in other states—must ensure a student's right to a "free appropriate public education" (FAPE), thereby obeying state and federal disability laws requiring accommodations for qualifying disabilities. The Individuals with Disabilities Education Act (IDEA) is the primary federal law requiring K-12 schools to accommodate student disabilities. IDEA requires schools to recognize student disabilities and outlines how an individualized education plan (I.E.P.) must be implemented and maintained for affected students. To safeguard disabled students from undue exclusion, the law obliges public schools to provide them with an education in the "least restrictive environment." Likewise, Section 504 of the Rehabilitation Act directs Oregon's higher education programs to provide accommodations for students with disabilities. Reasonable accommodations can include augmentative communications devices, mechanical equipment, classroom modifications, schedule alterations, substitute assessments, and other enhancements for students with disabilities to access equal education.
A.D.A. Issues and Lawsuits in Oregon
Title II of the Americans with Disabilities Act (A.D.A.) is a further federal law mandating Oregon's colleges and universities to accommodate qualifying disabilities. A.D.A. guidelines cover numerous disabilities, such as physical incapacities like diabetes, muscular dystrophy, hearing, mobility, or vision loss, and others. Nevertheless, federal law also encompasses mental and emotional disabilities like ADHD, anxiety disorders, epilepsy, and other psychiatric conditions requiring doctor-prescribed medication. The governments can and will enforce A.D.A. disability rights through formal suits and civil actions. For example, For example, the USDOE was party to a lawsuit filed against Oregon for violating IDEA through the "unnecessary segregation" of children with disabilities.
Oregon State Disability Laws
Oregon's disability laws regarding education typically align with the aforementioned federal laws and regulations. Chapter 343 of the Oregon Revised Statutes (O.R.S.) outlines the state's special education services and other resources afforded to students with disabilities. For instance, O.R.S. §343.157 states that the Oregon Board of Education will "identify, locate and evaluate all resident children who may have disabilities and be in need of special education, early childhood special education or early intervention." Following IDEA's guidelines, Oregon students with disabilities will also receive accommodations or services until they turn 21. If you or your student has a dispute with an Oregon school over accommodations, access to programs and scholarships, or disability rights in general, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Oregon
Disabilities Affecting Academic Progression Issues in Oregon
Reasonable accommodations will provide for a disabled student's access to equal education, but they must also satisfy a school's academic progression requirements. Oregon schools, regardless of grade or degree concentration, require all students to meet satisfactory academic progress (SAP) standards while enrolled. The standards are used to align with federal financial aid requirements if the student receives them or not. 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. However, Oregon schools may fail to provide reasonable accommodations to students or adjust their SAP policy for disabled students to meet the program's academic standards. Hence, a disabled student may violate a school's SAP policy and be subject to a probationary period or a separation from studies because of the institution's failure. A student's disability rights may be a defense against unfair academic misconduct allegations brought forth by a school's strict usage of its SAP standards. National education attorney-advisor Joseph D. Lento will uphold your disability rights and work with you to appeal to the school's administrative body against academic discipline, including reinstatement into a school or program.
Disabilities Affecting Misconduct Discipline in Oregon
Student disabilities can also affect disciplinary proceedings conducted in Oregon schools. When schools address misconduct, an emotional, intellectual, or physical disability could inhibit a student's defense against code of conduct violations. State and federal disability laws require schools to also accommodate disabled students reasonably in disciplinary hearings. School officials may misconstrue a student's behavior as mental or emotional disabilities afflict students, not just physical impairments. Autism, Asperger's Syndrome, and numerous anxiety disorders affect student behavior; therefore, when disabled students aren't reasonably accommodated, schools may unfairly punish them. When sanctions are a possibility in disciplinary hearings, federal IDEA and Section 504 laws require a manifestation determination review before a K-12 school can alter a student's I.E.P. or pursue placement in an alternative education program. The Lento Law Firm has demonstrated experience in education law and can assist students in misconduct hearings in which the school has not accommodated their disabilities.
School Disability Attorney-Advisor Available in Oregon
Oregon is required to follow the same federal disability laws that apply in other states, which overtake any state laws or regulations. Although Oregon law provides a pathway for all students to be afforded FAPE and fair treatment in school, there are instances when students with disabilities can suffer maltreatment. You or your student have the legal authority in Oregon to pursue an education without a disability interfering. National education attorney-advisor Joseph D. Lento has represented hundreds of students in Oregon 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.
