A great deal of our traditional education process is vision-dependent--from reading assignments to videos to notes jotted on a blackboard. Needless to say, any student who is visually impaired is at risk of suffering academically. K-12 schools and colleges alike are legally required to make accommodations to help the visually impaired--and yet, while blindness is an obvious disability to be accommodated, thousands of other students suffer from visual impairments that may be less easy to detect. Suffice it to say that if you're the parent of a visually impaired student and your child is not receiving proper accommodation, your child's educational and personal future could be at risk.
The frustration for many students and parents is that while, federal law obligates K-12 schools, universities, and colleges to accommodate students with visual challenges, the process of actually obtaining those accommodations can be problematic. If you don't follow the application process impeccably, or if you are unaware of your rights under law, the school may fail to provide adequate support that you (or your child) desperately needs. This underscores the need to have an experienced education law attorney in your corner.
For many years, the Education Law Team at the Lento Law Firm has been advocating for students and parents nationwide, striving to ensure their respective schools follow the law and provide the accommodations to which disabled students are entitled. If your child suffers from visual impairment and is not being properly accommodated by their K-12 school or college, we can help. Schedule a consultation by calling the Lento Law Firm at 888-535-3686 or filling out our secure online form.
How Is Visual Impairment Defined?
Visual impairment is a broad term that encompasses a range of visual challenges ranging from mild to severe, including partial sight and blindness. While specific visual issues are measured by many complex standards, for general purposes, visual impairment is considered a disability when the eyesight cannot be readily corrected by glasses, contacts, medication, or surgery). It can also refer to other impairments that affect vision, such as color blindness or sensitivity to light. As a result, it can be difficult for some individuals to obtain the necessary accommodations because their visual impairment may not fit into a specific category or label.
Some common types of visual impairment among students may include, but are not limited to:
- Myopia (Nearsightedness): Difficulty focusing on objects far away.
- Hyperopia (Farsightedness): Difficulty focusing on close objects.
- Astigmatism: Causes distorted or blurred vision at all distances due to an irregularly shaped cornea or lens.
- Amblyopia (Lazy Eye): A condition where one eye is weaker than the other, often leading to the brain favoring the stronger eye.
- Strabismus (Crossed Eyes): Misalignment of the eyes, which can lead to amblyopia if not treated early.
- Color Blindness: Difficulty distinguishing between certain colors, which can impact learning activities.
How Visual Impairments Can Impact a Child's Education Experience
Visual impairment in children can have profound negative impacts on their educational development, particularly when schools fail to provide appropriate accommodations. This lack of support can lead to numerous challenges, both academically and socially, significantly affecting the child's learning and mental/emotional growth.
Academically, visual impairments can severely limit a child's ability to access educational materials. Traditional classroom settings often rely heavily on visual cues and information, such as written instructions, diagrams, and board work, which can be inaccessible to visually impaired students. This barrier can lead to a misunderstanding of the material, incomplete assignments, and lower academic achievement. Without accommodations like braille materials, audiobooks, or digital content that can be accessed through assistive technology, these students may struggle to keep up with their peers, resulting in a significant gap in knowledge and skills.
The inability to access visual content also impacts a child's capacity to cultivate critical thinking and problem-solving abilities. Educational materials tailored for sighted students frequently integrate visual problem-solving components that can pose challenges in converting them into accessible formats for visually impaired individuals. This limitation may impede the nurturing of these essential skills, constraining the child's engagement in learning activities and the application of knowledge in practical scenarios.
Socially, children with visual impairments can face significant isolation if accommodations are not made. The social aspects of education, such as group work and peer interaction, are essential for developing social skills and emotional intelligence. However, visually impaired children may find it difficult to participate in group activities or to navigate social situations, leading to feelings of exclusion and loneliness. This isolation can impact their self-esteem and confidence, further inhibiting their ability to participate fully in educational and social activities.
Furthermore, the lack of accommodations can lead to a negative self-perception and decreased motivation. When children with visual impairments are not provided with the tools and support they need to succeed, they may begin to view themselves as less capable than their peers, which can be damaging to their self-esteem. This perception, coupled with consistent academic struggles, can decrease their motivation to engage with the educational process, potentially leading to absenteeism or disengagement from school activities.
Visually Impaired Students Have a Legal Right to Disability Accommodations
Under federal law, students living with recognized disabilities, including visual impairments, have a legal right to receive appropriate educational accommodations. A disability is defined under the law as a “physical or mental impairment” that significantly affects one or more “major life activities.” As getting an education is considered a "major life activity," any visual challenge that negatively impacts a child's ability to learn qualifies as a disability.
Under the law, K-12 schools and colleges are legally required to provide appropriate accommodations for visual impairments falling under this definition. These legislative protections are offered by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA), which govern how accommodations are made for students with disabilities. IDEA caters specifically to disabled K-12 students, while ADA regulations are invaluable for college students seeking accommodations. Section 504 covers all schools receiving federal aid, including both K-12 schools and higher education, though specific provisions may differ based on the school type.
To secure disability accommodations, students or their parents must make an official accommodation request and typically present evidence of the diagnosis of visual impairment. The application process can be meticulous and complicated, and if protocols aren't properly followed, the school may decline to provide accommodations. The Lento Law Firm Team can help with this process to ensure that your student meets all the eligibility criteria and that the school honors its legal obligations.
Individualized Education Plan (IEP) Accommodations for Visually Impaired Students
An integral part of IDEA is that students with acknowledged disabilities are entitled to an Individualized Education Plan (IEP) specifically designed to meet their unique educational needs. This plan is collectively prepared by school officials, teachers, and parents, and is aimed at providing the necessary support for the student. IEPs are mandatory only for public and charter schools at the K-12 level; private schools may offer an IEP, but they are not legally obligated under IDEA. While colleges may opt to extend a student's high school IEP, they aren't obliged to do so (though they must offer equivalent accommodations under the ADA).
Possible accommodations for a visually challenged student under an IEP include:
- Provision of Specialized Equipment: Schools may offer devices such as magnifiers, text-to-speech software, braille displays, and digital recorders to facilitate the student's learning process.
- Modified Classroom Materials: Textbooks and other learning materials can be provided in large print, braille, or audio format to ensure accessibility for students with visual impairments.
- Special Seating Arrangements: Adjustments to seating arrangements may be necessary to ensure that the student is positioned in a manner that maximizes their remaining vision, such as sitting closer to the board or in a place with optimal lighting.
- Adapted Testing and Assessments: Exams and quizzes may need to be offered in alternative formats, such as oral exams, enlarged print, or braille, and additional time may be afforded to complete these assessments.
- Orientation and Mobility Training: Schools may facilitate access to training that helps students navigate the school environment safely and independently.
- Access to Specialized Support Staff: The provision of services from professionals such as teachers for the visually impaired, orientation and mobility specialists, and occupational therapists to support the student's educational needs.
- Use of Assistive Technology: Implementation of technology solutions, including screen reading software, voice recognition programs, and other assistive technologies designed to enhance accessibility.
Free Appropriate Public Education (FAPE) for Visually Impaired Students
The regulations set by Section 504 and IDEA stipulate that every student with a disability should have access to the same quality of public education as their peers without disabilities. Therefore, schools offering free public education with federal support must also extend a Free Appropriate Public Education (FAPE) to all students diagnosed with recognized disabilities, including those with visual impairments. FAPE is only applicable to federally funded schools offering free education, such as charter and public K-12 schools. Most colleges and universities are exempt from FAPE requirements since they do not offer free education.
The primary goal of FAPE is to teach students with disabilities in regular classrooms with their non-disabled peers as much as possible, supplemented with any needed special educational services to assure fair access to the educational offerings. The actual provisions of FAPE for visually impaired students depends on the type and severity of their condition, their unique needs, and their school district's stipulated policies. FAPE's goal is to ensure access rather than to commit to providing the highest level of service or meeting every preference of the student with disabilities.
ADA Reasonable Provisions for Visually Impaired College Students
The ADA necessitates that universities and colleges offer "reasonable accommodations" to students with disabilities, including the visually impaired. Many higher education institutions have a separate department dedicated to supporting students with disabilities. Students need to provide evidence of their diagnosis to their school and request modifications deemed necessary for their circumstances. While a high school IEP doesn't directly apply to the college level, it can serve as a supporting document in the accommodation request and as a guide for identifying suitable supports.
Addressing Issues When Schools Fail to Accommodate Visual Impairments
Sadly, there are instances where schools fail to provide the necessary accommodations for visually impaired students. The school may disregard or not recognize the student's disability or offer inadequate or no accommodations to address the disability. In such situations, it's vital for students and their parents to recognize their legal rights and carefully follow the school's processes for resolving such matters. If collaborating with the school doesn't yield the desired results, the next step is to seek advice and representation from an education law attorney with experience in disability accommodation disagreements.
The Lento Law Firm's Education Law Team Helps Visually Impaired Students Receive Appropriate Accommodations
When K-12 schools and colleges fail to accommodate visual disabilities, it can severely impact the student's educational journey. It's essential that these schools fulfill their legal obligation to accommodate disabilities to ensure no student is denied the same access to education due to their disability. Unfortunately, many students and parents either lack knowledge of their rights or find the process of securing accommodations overwhelming and perplexing. This is where the Lento Law Firm Team can help.
The Education Law Team at the Lento Law Firm has a long track record of championing the rights of students with visual challenges and other disabilities nationwide. We work tirelessly to ensure these students get the accommodations they rightfully deserve. We are dedicated to paving a smooth academic path and a brighter future for every student we represent.
The legal complexities and bureaucratic hurdles involved in getting a school to comply with the law can be overwhelming for any family seeking accommodations for a student with visual challenges. The risks to your child's future are too significant to tackle this process alone. If you or your child is having trouble securing necessary accommodations for a visual disability, call the Lento Law Firm at 888-535-3686 or fill out our confidential online form.
