In February 2024, the U.S. Department of Education (DoE) released new resources aimed at helping families and schools assist students with disabilities—along with a helpful reminder about their legal obligation to do so.  

According to Section 504 of the Rehabilitation Act of 1973, students with disabilities have the same right to educational experiences and opportunities as their peers. Public schools are obligated to facilitate that access and must comply with certain federal disability laws designed to meet those ends. 

The DoE's new resources emphasize the importance of these obligations and outline several common medical conditions that often get overlooked in disability conversations. When these obligations aren't met, student performance suffers, and they are more likely to experience discrimination—particularly when it comes to discipline. 

The Education Law Team at the Lento Law Firm can help you ensure your child receives the appropriate accommodations for their medical condition as mandated by federal law. Call us today at (888) 535-3686 or send us a message online to protect your child's rights. 

“Disability” Covers More Ground Than Most People Realize 

For a lot of people, the word “disability” conjures a narrow mental image of wheelchairs, crutches, and other physical handicaps. However, the legal definition covers quite a bit more ground. 

Under Section 504, a “disability” is defined as any mental or physical impairment that substantially limits at least one major activity in a student's life. In its new resources, the DoE firmly outlines that this encompasses several common medical conditions, including:  

• Asthma 
• Diabetes  
• Food allergies  
• Gastroesophageal reflux disease (GERD) 
• Gastroesophageal reflux (GER) 

These conditions can have a huge, detrimental impact on a child's educational experience—especially when the school isn't cognizant of their unique needs.  

Students With Disabilities Are More Likely to Suffer at School 

According to official reports, nearly 17% of public school children (and 21% of college students) have a disability, and when these disabilities are not accounted for, it's the student who suffers.  

Children with disabilities are more likely to be physically restrained at school, secluded from others, and experience disciplinary action compared to other students. They are also less likely to be placed in gifted programs and advanced classes and may suffer academically. 

Schools are obligated to correct these discrepancies and provide a safe learning environment for these students. However, disability accommodations aren't always implemented automatically. In some cases, you may need to assert these rights through your school's application process.  

Is Your Student Getting the Support They Need?  

Students with disabilities have the same right to education as their peers. If yours isn't getting the support they need, we want to help. Contact the Education Law Team at the Lento Law Firm online today, or call us at (888) 535-3686, and let one of our experienced, dedicated attorneys protect your child's rights during this important process.