Disabled students have received protection under the Americans with Disabilities Act (ADA) since the bill's passage in July, 1990. However, year after year, we see students with disabilities have to fight for the accommodations they deserve.

A case out of Los Angeles reinforces that:

1. Students with severe disabilities, including blindness, must still fight for accommodations simply to allow them to complete their education
2. Based on the ruling of a civil jury, the Americans with Disabilities Act still provides strong protections for disabled students (and others with disabilities)

Our firm helps students who seek necessary accommodations, whether related to physical access or learning assistance. We often rely on the ADA as the basis for requiring schools to treat clients fairly, so it is reassuring to see yet another case fall in favor of disabled students.

Los Angeles Court Awards Two Blind Students $240,000 in Response to ADA Violations

The aforementioned civil case in Los Angeles involves two blind students, Portia Mason and Roy Payan, who alleged that the Los Angeles Community College District (LACCD) failed to provide the accommodations they needed to learn as blind students.

Allegations include that:

• Mason and Payan attended community colleges at district campuses between 2015 and 2018
• Web-based learning materials were not available to blind students during that time, including Mason and Payan
• Library materials were also not accessible to blind students
• Payan was told he could not attend certain classes because he was blind

A jury awarded the students $240,000 in damages after concluding that LACCD had violated the ADA and, in doing so, violated the rights of both Payan and Mason.

What Rights Do the ADA and Other Legislation Guarantee Disabled Students?

The Americans with Disabilities Act offers wide-ranging protections to disabled individuals, including college and university students. The legislation requires that schools provide “reasonable accommodations” to disabled students, and disabilities can range from paralysis to blindness and attention deficit hyperactivity disorder (ADHD).

The specific disability in question, and the unique needs of the student with the disability, generally dictate what a “reasonable accommodation” is. Examples of reasonable accommodations include:

• Ramps and other physical accommodations for those with mobility limitations
• Learning materials that accommodate students' disabilities (such as materials that are spoken aloud or issued in braille or large font)
• Extra testing time
• Testing in a private location
• One-on-one tutoring
• Any other measure that could increase the student's chances of success

Students in grades K-12 also have protection under the Individuals with Disabilities Education Act (IDEA). This act entitles students to individualized education plans, free public education in the least restrictive environment (among their peers), and reasonable accommodations.

Call the Lento Law Firm Today for Help Getting the Accommodations the ADA Entitles You To

Whether you are a college student or are responsible for a K-12 student, know that disabled learners have robust rights. The Lento Law Firm Education Law Team helps disabled students exercise those rights and maximize their chances of success in school and life.

Call the Lento Law Firm today at 888-535-3686 or contact us online to learn how we can assist you or your student.