Navigating college can be challenging enough on its own—students must quickly learn to manage a long list of priorities in a brand new environment. But for students with disabilities, those challenges can become insurmountable, creating a hostile environment that leaves the student feeling overwhelmed. The University of Colorado at Boulder (CU Boulder) understands this reality and has designed its administration (and its processes) to support students with a wide range of needs. This includes conditions that are well-documented as well as disabilities that are newly diagnosed and/or not previously disclosed.

But even the best-intended practices can still leave students with disabilities at a disadvantage… especially when it comes to matters of student conduct and discipline. Having qualified counsel on hand to help you face these challenges and advocate for your child’s rights is essential in these instances, and the LLF National Law Firm can help. Our Education Law Team has both the knowledge and experience to guide you and your student through any disciplinary action, and we’re ready to go to work for you. Call us today at 888-535-3686 to schedule a consultation. You can also use our online form to tell us about your case.

Your Student Has Rights

There are two key pieces of legislation that are designed to protect your student as they go off to college.

Americans With Disabilities Act (ADA)

The ADA guarantees civil rights protections to anyone and everyone with disabilities in the United States. Title II of the ADA extends these protections to public schools by prohibiting discrimination by state and local governments.

Section 504 of the Rehabilitation Act

The Rehabilitation Act prohibits disability discrimination in programs or activities that are in any way related to, or funded by, federal agencies, and there are two sections that are of particular benefit to students:

  • Section 504 extends the protections offered by the Rehabilitation Act to students. This section requires schools to provide tools and accommodations to students with disabilities, so that they can achieve the same level of learning as their peers.

  • Section 508 of this law focuses on accessibility issues and covers both physical and electronic/digital adjustments. This section covers accommodations such as access ramps, closed caption features, and audiobooks for the blind.

The Power of Advocating (You Have to Ask)

Despite having those laws on your side, navigating them can leave you feeling overwhelmed and sometimes, at odds with your child’s school. There are deadlines and paperwork and processes that must be followed in order to get your child the assistance they need, and the schools will be looking to your child to initiate that support.

That’s because the IEP or 504 plan you once relied on does not transfer over from high school. Your child has to learn to self-advocate—that means managing and communicating their own symptoms, needs, and challenges—and that can be a new experience (one where you may not always be kept in the loop!). Ensuring that your child requests and receives the right accommodations can have a big impact on their academic career.

It can also be hard just getting staff and administrators “on the same page,” even when you (and your student) have jumped through all the hoops and provided all the paperwork.

Are the professors consistent about implementing the approved accommodations, for instance?

Sometimes, a lack of cooperation is simply an oversight; other times, it may be intentional because the professor disagrees with the necessity or extent of the accommodation. When this happens, your student needs a clear path to resolving or escalating the issue, whether it’s talking to the professor directly or filing a grievance.

How Does CU Boulder Address Accommodation Concerns?

CU Boulder relies on its Disability Services (DS) office to act as a central hub for students with disabilities who are in need of any type of accommodation. This includes academic and housing, as well as remote learning, classroom accommodations, financial assistance, and more. Students and families can use the school’s website to explore the different resources available, and you can find a detailed explanation of processes in the school’s Disability Policies and Procedures document. Once enrolled, you can access CU Boulder’s Accommodate Portal to “manage accommodations, obtain accommodation letters, and check the status of other service requests such as note-taking, alternative material formats, and exam scheduling.”

It’s important to note that you do not need to have updated documentation to apply to CU Boulder or to be admitted. In fact, starting the conversation earlier can help you determine the services and support you might be entitled to receive.

Does My Child Have to Disclose Their Disability?

Technically, no, and if you’re asking this question, it’s often because your child is concerned about the stigma of being “labeled” with a disability. But taking this step can be the best way to ensure their success, because it gives them access to the tools they need to learn and progress. Disabled students can request a variety of support and accommodations, including:

  • Assistive technology

  • Testing modifications

  • Remote or flexible attendance

  • Academic tutoring and modified course load

  • Emotional support animals

  • Lecture recording

  • Accessible housing placements

  • Special textbooks

Bringing Disability Services into the loop can also ensure educators understand your child’s specific needs and know how to properly intervene if/when behavioral problems arise before they escalate.

Context is Everything: Supporting Your Student From the Sidelines

In the K-12 environment, students with disabilities are given a strong support system designed to protect their rights and help them thrive. In addition to the IEPs and 504 plans, they had an entire education system focused on identifying, understanding, and accommodating the disability.

They also had you.

Things are different in college, and that can create stress, confusion, and misunderstandings. It can also lead to conduct violations and disciplinary actions, and you’ll need to know how to react if that happens. Staff and educators may not always understand your child’s disability-related behavior, for example, especially in cases that involve:

  • Autism spectrum disorder (ASD)

  • ADHD or executive functioning disorders

  • Anxiety and other mental health conditions

  • Traumatic brain injuries

  • Chronic health disabilities that cause excessive absences or general fatigue

So, what looks like defiance might just be frustration or confusion. What looks like rudeness or harassment might just be difficulty reading social cues.

And what looks like skipping class could just be your child feeling overwhelmed and needing to withdraw.

Without proper context and accommodations, a disability can quickly be framed as a behavior problem. This is especially important for college students because conduct hearings may happen without your child’s disability accommodations. They shouldn’t, but they sometimes do, especially if your child isn’t prepared to speak up and ask for the adjustments.

An adverse disciplinary action can impact your child’s scholarships, housing, and graduation eligibility, making it all the more important that you and your student have a solid plan of action.

How Can You Help?

While your student is legally an adult (and CU Boulder will likely communicate with them directly), you can still take an active role to help your child succeed.

  • Encourage your student to register with Disability Services early in the enrollment process.

  • Help your student practice communication strategies and self-advocacy skills.

  • Talk about boundaries with your student, and go through CU Boulder’s Code of Conduct together. Reviewing the school’s disciplinary process could be useful as well.

  • Help your student understand the resources they have available through the university and help them get comfortable seeking help when they need it.

These simple steps can help your child feel confident in even the most stressful of times.

My Disabled College Student is Facing Disciplinary Action. What Can I Do?

Facing disciplinary action at college is never easy, but it can be especially stressful for students with disabilities. Your child has the right to request accommodations at any type of disciplinary hearing (another reason to register with Disability Services), and these accommodations can make a big difference in how your child adapts to the experience and participates in the event.

In addition, CU Boulder is a public university, so your child has a right to due process. This includes a right to counsel, and while direct participation is limited in a typical hearing, it does enable your child to have an advocate present during what will likely be a very trying time. Under CU Boulder’s Student Conduct & Conflict Resolution policy, the advisor or advocate will not be permitted to speak for or on behalf of the student, but they can “make a statement and/or ask questions of the responding student to present relevant information” after the conduct officer has completed their discussion and questioning.

A skilled education attorney is specifically suited for this kind of interaction and can help your student tell their side of the story. An education attorney can also:

  • Help your student prepare for the hearing so that they understand the questions being asked and feel confident about how they respond.

  • Ensure accommodations are appropriately utilized during the hearing

  • Advocate for disability awareness and context regarding behavior

  • Challenge unfair or discriminatory disciplinary decisions

  • Protect the student’s educational future and reputation

College should always be an opportunity for growth and exploration; with the right preparation and a solid understanding of their rights and needs, students with disabilities can have that experience and thrive in this new environment.

Call the LLF National Law Firm Today

Our firm has been advocating for students with disabilities for many years, and we understand the unique challenges and concerns you face as a parent. Our goal isn’t to seek out conflict—it’s to help you ensure your child’s rights are protected, so that they have the opportunity to pursue their educational goals. The LLF National Law Firm can help you navigate the challenges when you find yourself at odds with your child’s school, and we can show you how to push back against discrimination and unfair disciplinary practices. Our Education Law Team has the knowledge and experience you need to face this new chapter in your child’s life with confidence. Call us today at 888-535-3686 to schedule a consultation. You can also complete our online form to request more information.

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