Students with disabilities are afforded distinct, robust protections under the Americans with Disabilities Act (ADA). Universities that receive federal funding—including the University of Maryland, College Park (UMD)—must honor the ADA unfailingly, which means granting students with disabilities reasonable accommodations.
However, our Education Law and Student Defense Teams recognize that universities often fail to provide students with the accommodations they need. Even when they do provide accommodations, schools often fail to act promptly or to implement the complete slate of accommodations a student needs to succeed.
The failure to accommodate students with disabilities can directly contribute to students’ substandard academic performance, behavioral issues, and other adverse outcomes. Yet, it’s the student—rather than the administrators or professors who fail to live up to the ADA—that face consequences like academic probation, suspension, and even expulsion.
The LLF National Law Firm does not stand idly by as students endure such injustices. We fight for them, enforcing the mandates spelled out by the ADA (and the University of Maryland’s formal policies). If you are a student with a disability facing adverse circumstances at your school, we are the team to rely on.
Do not wait to call the LLF National Law Firm Student Defense Team today at 888-535-3686 or contact us online. You may be better served by partnering with our Education Law Team, and both will be available depending on your unique circumstances and needs.
What Rights Are Afforded to Students with Disabilities at the University of Maryland, College Park?
The Americans with Disabilities Act is the legal foundation that ensures university students with disabilities are given a fair chance to succeed, academically, socially, and professionally. Yet, the University of Maryland’s internal policies codify the spirit of the ADA into its own procedures by guaranteeing students with disabilities:
- Fair access to the “services, programs, or activities of the University”
- Reasonable accommodations, which might relate to scheduling, testing conditions, assistive resources, physical access to learning spaces, or other aspects of university life affected by their disability
- Reasonable modifications to “a program, service, or job”
- The right to appeal the denial of requested accommodations
- Freedom from discrimination, bias, and other forms of mistreatment based on their disability
The university’s policies are not perfect, to be clear. There is a glaring lack of specificity about how a student with disabilities might contest academic sanctions, behavioral sanctions, or remediation orders specifically on the basis of inadequate accommodations.
That said, our Education Law Team is familiar with both the school’s disciplinary procedures, academic policies, and its processes for ensuring fair accommodations for students with disabilities. We synthesize this knowledge so that the students we represent understand all their options (and so we can provide the strongest representation possible).
What Are Some Basic Expectations Professors and Administrators Must Honor to Benefit Students With Disabilities?
UMD’s Accessibility and Disability Service (ADS) is the office designated to ensure students with disabilities get “equal access to services, programs, and activities sponsored by the University of Maryland.” This is one of the departments we may deal with during your defense efforts.
The ADS details some of the basic academic accommodations that professors and administrators are expected to implement (when the student takes the necessary steps for implementation), including:
- Testing accommodations: A student may be entitled to extended testing time, a private testing environment, modified testing materials (such as large-print font), and other accommodations tailored to their unique disability.
- Sensory aids: A student may be entitled to audio or visual aids not just during testing, but in the normal course of classroom learning. For students with visual or hearing impairment, such aids may directly impact their academic performance.
- Alternatives to computer-based testing: Some students may be entitled to paper copies of examinations that would typically be administered digitally.
- Note-taking and audio recording: Students may be entitled to record examinations or have a third party transcribe notes for them.
This is only an abbreviated list of academic accommodations a student might receive. Note that a student might also be entitled to behavioral accommodations, such as taking breaks regularly during class periods, having a support animal in class, or other personalized accommodations that might improve their ability to participate meaningfully and without disruption.
Does the Nature or Diagnosis of My Disability Affect My Accommodations at the University of Maryland, College Park?
Yes, the details and diagnoses of your disability can affect the accommodations you are entitled to. In determining what “reasonable accommodations” means for a specific student, UMD generally requests:
- The student’s self-report detailing how their disability affects their behavior and academic performance
- Disability-related documentation, which can include formal medical and psychological reports, letters from qualified evaluators, and documentation of disabilities from the student’s high school
- Third-party verification forms provided by the ASD to qualified providers, who can answer the ASD’s handpicked questions regarding the student’s disability
The ASD also conducts an “interactive process” meant to elucidate the specific accommodations a student may benefit from. As we become familiar with your unique circumstances, we will identify any errors or shortcomings during the ASD’s evaluation process that may have placed you in an adverse circumstance (and may have led directly to one or more of the issues you currently face).
How Can Inadequate Accommodations for Students with Disabilities Increase the Risk of Disciplinary Issues?
Our Education Law Team has seen firsthand how students who don’t receive reasonable accommodations may:
- Become overly stressed with schoolwork and the classroom environment, which can lead to uncharacteristic behavior that a professor might consider a disturbance
- Develop a poor reputation with their professor, who may not recognize that a student’s behavior is primarily the result of a disability that has not been adequately accommodated
- Face severe sanctions, including but not limited to suspension and expulsion, as a result of the poor dynamics fomented by the lack of necessary accommodations
If you or your student is facing disciplinary proceedings, these (and any other relevant discussions of disability symptoms and accommodations) need to be part of the process.
Can Inadequate Accommodations Also Impede a Student’s Academic Progress at the University of Maryland?
Disability accommodations can benefit the student’s demeanor and participation levels, but are just as crucial in promoting academic success. Inadequate measures to accommodate a student’s disability may:
- Hinder their ability to attend class regularly, which can contribute to poor academic performance and even cause a student to be dropped from a class or failed by the professor
- Contribute to poor marks on tests and quizzes, as added testing time and distraction-free testing conditions can dramatically improve one’s performance
- Lead the student to remediate coursework, which can be a blemish on their academic record
In short, students’ academic performance—and professional prospects tied to that performance—tend to suffer when the student does not receive adequate academic accommodations.
What Measures are Available to University of Maryland Students Who Believe They Have Not Received Fair Accommodations?
When we represent students with disabilities who are facing remediation, possible discipline, and other outcomes, we consider the utility of:
- The ADS Appeals process, which may ensure the student receives necessary accommodations going forward, and might also help the student avoid academic and behavioral consequences should the school recognize it failed to provide necessary accommodations
- The University of Maryland Ombuds Service, which is a less traditional means of resolving problems that cannot be resolved through more regimented avenues
- Conversations with the ADA Coordinator and other school employees, who may have the capacity to resolve conflicts and unjust disciplinary proceedings on their own
- Discussions with the school’s general counsel, who are the university’s attorneys, and may be able to resolve your matter at a level above university administration
Our Student Defense and Education Law Teams pride themselves on providing creative, personalized strategies and resolutions that best serve the unique students we represent.
How Can Your Student Defense Team Cite Disability-Related Issues as Part of My Defense?
Disabilities are often a central consideration in academic struggles and disciplinary issues, and we may bring due attention to this fact by:
- Ensuring the University of Maryland’s ADS and other authorities are formally apprised of the disability
- Detailing any lack of adequate accommodations you or your student has suffered, and tying the inadequate accommodations to the issue at hand
- Citing any delays in the implementation of accommodations and explaining how the delay adversely affected the student’s behavior or academic performance
- Utilizing all available appeals procedures, citing the lack of accommodations as a ground for reconsideration of any adverse academic or disciplinary decision
Where there is a capable student defense attorney from the LLF National Law Firm on your side, there is always a way to pursue a student-friendly resolution. Our lawyers are well-versed in student defense and rights, experienced in dealing with the University of Maryland, and passionate about helping students with disabilities overcome difficult circumstances.
Do not wait to call the LLF National Law Firm Student Defense Team today at 888-535-3686 or contact us online. Dealing with universities is our forte, and you will quickly recognize that you have chosen the right firm to protect your student record and goals for the future.