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Disabilities, Discrimination, and the Promise of the RISE Act

Posted by Joseph D. Lento | Jan 16, 2023 | 0 Comments

One of the hallmarks of the American Dream is the opportunity to achieve great success, even for those people who have the humblest of beginnings. For many Americans, the first step to fulfilling their dream is getting a good education. And while it was once difficult to be accepted into a university or college if you weren't a wealthy white male, these days, just about anyone can set themselves the goal of earning their degree—and to meet that goal.

There's still one demographic that struggles, however, and that policymakers have yet to address thoroughly. Students with disabilities often have to jump through extensive hoops to have their needs met so that they can learn effectively right alongside their peers. Now, disabled students, their parents, disability-rights organizers, and other concerned parties are hoping that the RISE Act will help level the playing field.

What Is the RISE Act?

RISE stands for Respond, Innovate, Support, and Empower. It was first introduced in 2016 by U.S. Senators Bob Casey, D-PA, and Bill Cassidy, R-LA. If it passes, the bipartisan bill will allow college students to submit existing documentation—such as an IEP, or individual education program, from their high-school days—as proof of their disability. As it stands, college students often have to undergo extensive, expensive testing in order to satisfy post-secondary schools' verification requirements.

What Would the RISE Act Enable?

After the student has filed the necessary paperwork with their college or university, the school is obliged to accommodate their special needs. These could include:

  • Extra time to take exams or being able to take exams in a different space with less distraction
  • The ability to make recordings of lectures to access later
  • Being accompanied by a note-taker or scribe
  • Sign language interpreters
  • Alternative methods of instruction and testing
  • Changes to college policies or procedures
  • Housing in a single dorm room
  • Any other modifications that may be necessary to give disabled students the same opportunities as others

Delays in providing accommodations like these—due to what essentially boils down to red tape, simply because colleges require the costly and time-consuming testing—put students at risk of poor performance, emotional distress, and an overall inability to succeed at college.

What's Not Included

Federal disability rights laws require post-secondary schools to make reasonable accommodations. These are intended to increase the odds of success by meeting the disabled student where they are. What's not included under RISE are requirements covered by other laws; for example, making facilities wheelchair accessible or providing assistance with daily living skills.

Disability and Discrimination

Disabled students face more discrimination on a regular basis than their able peers might imagine. That's why it's so crucial to address their needs from the get-go. Unfortunately, these students must also seek safeguards along the way. If you or your child have a disability and have already been negatively impacted by a school's inability to comply with regulations set forth by the Americans with Disabilities Act, you might consider taking legal action.

If that describes your current situation, call education attorney Joseph D. Lento. He and his team at the Lento Law Firm can advise you as to your rights, answer your questions, and help you decide if going forward with a lawsuit is the right move. Call 888-535-3686 or click here to get in touch.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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