Disabilities are an increasingly relevant piece of the American educational puzzle, with the National Center for Education Statistics (NCES) citing a notable and ongoing increase in students with disabilities. Federal and local laws, as well as the basic tenets of decency, dictate that all schools provide reasonable accommodations for students with disabilities.
Disabilities cause students to struggle academically, acclimate slowly (or not at all) to social networks, act out, and suffer other adverse outcomes. If you believe that your student is facing unjust consequences because of circumstances related to their disability, the Education Law Team at the Lento Law Firm will seek a just outcome.
Disabled Student Rights in New York
Your student is not the first to experience maltreatment because of a learning or behavioral disability. Years of unchecked dismissal of disabled students' rights have, fortunately, led to legal protections for students like yours.
Mandatory Disability Accommodations for Students of All Levels in New York
The Individuals with Disabilities Education Act (IDEA) is the foremost legal protection for students seeking a fair and reasonable education in New York and elsewhere in the United States. The United States Department of Education explicitly states that the IDEA protects students with disabilities in New York. The New York City Department of Education elaborates on the rights of students with disabilities throughout New York, including the right to:
- A free and appropriate public education (FAPE)
- The least restrictive learning environment, which means students with disabilities should learn alongside non-disabled peers for as long as possible
New York educational agencies recognize the rights of students with a wide range of disabilities, including autism, hearing impairment, intellectual disability, emotional disability, blindness, and certain other conditions.
How the Americans with Disabilities Act (ADA) Protects Students in New York
In addition to IDEA and state-level protections, the Americans with Disabilities Act (ADA) also applies to students. The ADA protects students of all ages from disability-based discrimination while attending an institution that receives federal funding. In reality, the ADA has come to apply to all public and private universities, vocational schools, and even pre-secondary schools.
The ADA is a legal safeguard against the mistreatment of disabled students from elementary school through the highest rungs of the educational ladder. The National Center for Learning Disabilities explains that students with difficulties reading, concentrating, thinking, and communicating have protection under the ADA.
How New York Law Protects Students with Disabilities
The New York State Education Department (NYSED) notes that the state's Commissioner Regulations Section 200 covers several issues specific to students with disabilities. These regulations address what the state recognizes as a disability, how the state provides accommodations for disabled students, and what programs are available for students with autism—among many other topics and concerns.
Between state law and federal regulations like the IDEA and the ADA, there is no room for any educational institution in New York to deprive disabled students of reasonable rights and accommodations.
Reasonable Accommodations that Disabled Students in New York Are Entitled To
Schools and administrators of individualized educational programs (IEPs) in New York have a duty to keep students around their peers to the greatest extent possible and to ensure that students receive a quality education in spite of their disabilities.
Accommodations allow educators to balance the learning plane between disabled and non-disabled students. Some common, reasonable accommodations for students with learning and behavioral disabilities include:
- Extra testing time
- The option of taking a test in a private room with fewer distractions
- Large-print copies of learning and testing materials, a benefit for students with impaired vision
- A teacher or proctor reading written learning or testing materials, a benefit for auditory learners and those with impaired vision
- A written or printed copy of spoken lessons or testing instructions, a benefit for hearing-impaired students
- Learning aids, tutors, study periods, and other services that increase a disabled student's likelihood of academic success
If an educational institution, testing board, or other organization of consequence has failed to provide reasonable accommodations for your disabled student, there is legal recourse to fix any resulting harm. Experienced education lawyer Joseph D. Lento will work to restore the rights and opportunities that your student is entitled to.
Disability as a Mitigating Factor in New York Student Issues
Tragically, The Lento Law Firm team sees countless cases where students are disciplined, held back, or otherwise harmed because of circumstances beyond their control—circumstances stemming from a real, diagnosed disability.
Disability and Academic Progression Issues
The journal Frontiers in Education explains that learning accommodations (and other disability-related accommodations) simply place all students “on equal footing”. When a student struggles with a disability and educators refuse to render reasonable accommodations, results can include:
- Failing assignments, courses, and entire academic periods
- Social stigma due to academic underachievement
- Psychological problems resulting from harassment by other students, who may tease the student for their academic struggles
- Fewer educational, professional, and personal opportunities due to the compounding effect of academic hardship
Disabilities are one of the most legitimate explanations for academic difficulties. If your student faces academic progression issues and resulting consequences due to a lack of reasonable accommodations, the Lento Law Firm will work to secure the accommodations they deserve.
Disability and Student Disciplinary Issues
Disciplinary issues can also result directly from disabilities. If a school has failed to help a student succeed, that school may be responsible for behavioral outbursts and other behavior-related issues the student experiences.
Your student should not face formal reprimand, suspension, dismissal, or other sanctions because of circumstances related to their disability, or a school's failure to address that disability.
Hire a National Education Attorney to Defend Your Student
Accommodating students with disabilities isn't an option in New York—it is a legal requirement. Attorney Joseph D. Lento has a passion for and deep knowledge of Education Law and Special Education Law and can help your student with their disability-related challenges.
We will exercise all potential avenues toward a resolution, including negotiating a solution with the school's Office of General Counsel (OGC). These attorneys may prefer to rectify any errors the school has made rather than face a potential legal bout.
Do not wait to contact our firm, as we're ready to help your student right now. Call the Lento Law Firm today at 888-535-3686 or submit your case details online.
