Living with dysgraphia presents unique challenges that not only the individuals directly affected must navigate, but also their families and support systems. For students with dysgraphia, the traditional educational environment can often seem daunting, marked by obstacles that others might not even recognize. This is true at the college/university level, as it is with K-12 schools. Parents, in their relentless pursuit to provide the best for their children, face a similar struggle, continuously searching for resources, understanding, and accommodations that will foster their child's success. Failing to do so, in fact, can result in stunted academic progress for the student, along with social isolation and an abundance of other life complications.
Under federal law, it is mandatory for schools to make appropriate accommodations for students with disabilities, including dysgraphia. However, many students and parents are unaware of the student's rights in these situations and do not even recognize how to take appropriate steps to receive these accommodations. Unfortunately, many schools often fail to provide the necessary support to these students, whether out of ignorance or simple negligence. This leaves it up to the student and their family to advocate for themselves in order to receive the accommodations they need.
The best way to guarantee your child receives appropriate disability accommodations from their school, be it a K-12 or higher education institution, is to engage an experienced education attorney. The Education Law Team at the Lento Law Firm has nationwide experience in handling student disability issues, and we will fight unrelentingly to safeguard your child's rights while getting them the help they need. Call our offices at 888-535-3686 or fill out our online form to set up a consultation.
Disability Rights for Students with Dysgraphia
Federal law defines a disability as a “physical or mental impairment” that significantly inhibits one or more “major life activities.” Since dysgraphia easily falls within the category of a recognized disability, students living with this condition have protections under federal disability rights laws--including the right to a viable education, which is a "major life activity." The combination of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA) together govern educational institutions on how students with disabilities should be treated and accommodated. The IDEA is relevant for the K-12 demographic, while ADA regulations are more pertinent for college students in need of accommodations. Section 504 applies to all schools receiving federal funding, whether K-12 or higher education--although not all parts of Section 504 apply to all schools.
Under these laws, schools are legally required to provide accommodations for students with disabilities, including dysgraphia. Obtaining disability accommodations calls for the student or parent to formally apply for them with their school. Each school has its own process for handling these requests, and they typically demand strict adherence to certain protocols to receive proper consideration. Ensure you familiarize yourselves with your school's specific requirements before submitting a request.
IEP Accommodations for Students with Dysgraphia
One of the principal rights under IDEA is that qualified disabled students are entitled to an Individualized Education Plan (IEP) that caters to their disability. This personalized educational strategy is developed collaboratively by school administrators, teachers, and parents to provide the support the student needs in order to succeed.
Bear in mind that not all scenarios require an IEP. While K-12 students in public or charter schools may be eligible, the requirement does not apply to private schools. Moreover, the IEP requirement only relates to K-12 schools, so when the student completes high school, their chosen college is not obliged to abide by the provisions of the high school IEP.
For a student with dysgraphia, an IEP could include a wide range of accommodations, such as:
- Structured Environment: Providing a predictable and structured classroom environment to minimize anxiety and confusion. This includes clear daily schedules and advanced warnings of any changes.
- Visual Supports: Use of visual aids and schedules to help understand sequences and expectations, aiding in the transition between tasks or activities.
- Small Group or One-on-One Instruction: Offering opportunities for learning in smaller groups or individual settings to provide focused attention and minimize social stress.
- Social Skills Training: Incorporating social skills development into the curriculum or through special programs to improve interaction with peers and adults.
- Behavioral Support: Implementing strategies and support for managing behaviors that may interfere with learning or social interactions, including positive reinforcement and clear, consistent consequences.
- Modified Assignments: Tailoring homework and class assignments to match the student's learning pace and style, including breaking tasks into manageable parts, allowing alternative project formats, allowing extended time for tasks and tests, etc.
- Quiet Space: Access to a quiet, private space for when the student feels overwhelmed and needs a place to calm down or work quietly away from distractions.
- Sensory Accommodations: Making adjustments to the physical classroom environment to accommodate sensory sensitivities, such as providing noise-canceling headphones, alternative lighting, or seating options.
Right to Free Appropriate Public Education (FAPE) for Students with Dysgraphia
Under Section 504 and IDEA, all students with disabilities are entitled to an equivalent public education with their peers. This means that schools getting federal funding for public education (essentially, all public and charter schools) must also offer a Free Appropriate Public Education (FAPE) to every student with a qualifying disability.
The individual structure of FAPE for students with dysgraphia may incorporate many of the elements you would find in an IEP, as mentioned above, based primarily on the student's unique needs and challenges, the nature of their impairment, and the rules of the school district they attend. The basic principles of FAPE are that the student should be educated alongside non-disabled peers whenever suitable while also offering whatever extra education services necessary to ensure equal access to the provided education. FAPE does not ensure the highest quality services are available or the provision of any or all services desired by students with disabilities.
ADA Reasonable Accommodations for College Students with Dysgraphia
The Americans with Disabilities Act (ADA) dictates that colleges and universities provide "reasonable accommodations" to students with disabilities. College students with dysgraphia in need of reasonable accommodations may present documentation or a diagnosis of their impairment to their institution, asking for accommodations deemed suitable for their circumstances. The student's high school IEP (if one existed) can often be presented as proof of the need for accommodation by the school. Although not binding at the university level, an IEP can serve as a valuable reference for deciding appropriate or equivalent accommodations. (Many higher education institutions have a dedicated department to provide services for students with disabilities.)
When a School Fails to Accommodate Dysgraphia
Unfortunately, students with dysgraphia may, at times, face difficulties in securing crucial accommodations from their schools. Instances may occur where a school does one or more of the following:
- Doesn't recognize or acknowledge a student's disability;
- Inadequately accommodates the student's needs, or
- Simply doesn't provide accommodations.
In these cases, students and parents need to understand the extent of their rights under the law in order to demand enforcement. They must also diligently follow the school's established policies and procedures in seeking a cooperative resolution with the school. If these efforts are unsuccessful, it may be time to consult with an education law attorney with experience settling disability accommodation disputes.
How the Lento Law Firm's Education Law Team Can Help
Every student in America has the right to receive an education that addresses their unique needs and empowers them to succeed academically and personally--including students with disabilities like dysgraphia. Federal laws are in place to protect this right, but translating these rights to actual school accommodations can be a challenge for students and parents alike.
At the Lento Law Firm, our Education Law Team has a wealth of experience in helping students with dysgraphia and other disabilities secure appropriate accommodations for success. We understand how challenging it can be for parents faced with navigating the complex web of regulations and paperwork involved in securing services for their child. Our team can help guide you through the process of securing suitable accommodations for your child at their K-12 school, college, or university--and when necessary, we can take legal action to ensure your student receives the education they deserve. If you or your child is encountering difficulties in obtaining necessary disability accommodations from a school, call the Lento Law Firm at 888-535-3686 or complete our confidential online form.
