Pursuing higher education can be one of the most daunting hurdles that an individual with disabilities faces. While the percentage of Americans over age twenty-five with a bachelor's degree is about 37%, for those with disabilities, it is closer to 18%. There are federal and state laws protecting the rights of the disabled, but schools often fall short of full compliance.

Students with disabilities struggle not only with the typical adjustments young people away from home often face but they must also navigate a new terrain dotted with obstacles to their progress, such as difficult-to-access classrooms or programs that do not offer the accommodations they need. As the stress mounts, their academic progress may suffer. For some, the battle becomes too arduous, and they quit school. This outcome, however, is not inevitable. There are legal remedies if a school is not complying with the laws that protect the rights of a student with disabilities. Contact the Lento Law Firm Education Law Team online or by phone at 888.535.3686 to learn more.

There are Several Laws Protecting the Rights of Students with Disabilities, and They Apply Both to Public and Private Schools

Some statistics suggest that many students with disabilities may not even be fully aware of the level of legal protection they have. Most institutions of higher learning have an office offering services for students with disabilities, but research has shown that most students with disabilities do not report their disability there, and some do not even know that accommodations are possible.

There may also be a misunderstanding of how laws protecting the rights of those with disabilities apply, especially when it comes to private schools. The Americans with Disabilities Act (ADA) is a requirement to provide equal access to postsecondary education for students with disabilities. Title II's application includes publicly funded universities, community colleges, and vocational schools, while Title III applies to private institutions. Section 504 of the Rehabilitation Act of 1973, which requires that any program receiving federal financial assistance is accessible, applies to private as well as public schools because even at private schools, federal financial aid to students goes through the school. (Much of the language in the ADA and Section 504 is overlapping.) Meanwhile, the Fair Housing Act prohibits discrimination on the basis of disability and covers student housing and dormitories. In addition, the laws of a given state may go beyond federal laws in the rights it guarantees students with disabilities.

There are many actions schools can take to accommodate students with disabilities to give them full access to everything they need to pursue their education. Accommodations include course substitution, lengthening the time for obtaining a degree, providing alternative format textbooks, designing or retrofitting physical spaces for better access, providing alternative testing methods and locations, and providing aids for better communication.

The Lento Law Firm Can Help if Your School Is Failing to Comply with Laws Requiring Accommodations for Students with Disabilities

If you are a student with a disability struggling with poor accommodations at your university, community, or vocational school, contact the Lento Law Firm Education Law Team. Call now at 888.535.3686 or leave us a message online to arrange a consultation.