When someone accuses you of something, your heart starts to race, even if you did nothing wrong. School officials routinely accuse West Virginia students with disabilities of misconduct, and the stress that comes with accusations is sometimes too much to bear. Everyone deserves the right to defend themselves from allegations, and educational institutions owe it to students to accommodate their needs to make the process less stressful.
In a perfect world, schools respect the rights of the accused and work with students to address accusations of misconduct together. In reality, schools often make disabled students uncomfortable during disciplinary proceedings, not understanding how their disability can influence their actions and defense.
The Lento Law Firm Student Defense Team can help your student deal with the aftermath of a misconduct allegation and protect the rights afforded to them under West Virginia and federal law. Contact us today through our website or by phone at 888-535-3686 to get started.
Accommodations During Misconduct Accusations
West Virginia schools can't simply ignore potential misconduct because of a disability diagnosis. However, federal and state laws mandate that educational institutions provide necessary accommodations to students with disabilities to help them succeed. These accommodations aim to uplift students as they learn and protect their rights when accused of misconduct.
Schools that respect the rights of their students will have different disciplinary processes when the accused student has a disability. Students should immediately inform their educational institution of their situation and needs if they aren't already aware. Typical accommodations afforded to disabled students during disciplinary proceedings include:
- The presence of a counselor, parent, or attorney during discussions and hearings
- The ability to submit testimony in writing
- A change in location or environment to reduce stress during hearings
- Breaks during hearings
Open and honest communication always leads to the best outcome. If your student has a disability and needs accommodations during disciplinary proceedings, you should inform their school in advance to allow them to prepare. But, if they fail to accommodate your child, contact the Lento Law Firm today to protect their rights and keep the process fair.
Fair Treatment and Equality During Disciplinary Proceedings
Everyone deserves to have their voice heard during disciplinary proceedings, and disabilities shouldn't stand in the way. Accommodations during proceedings aim to place all students on an equal playing ground, not make the process easier or harder for one group than another.
In most situations, K-12 schools in West Virginia are aware of students who have disabilities and are already working with parents. Through an Individualized Education Program, parents, educators, and students work together to identify the student's needs and help them meet their learning goals. If there are accusations of misconduct, school officials should already have a good idea of which accommodations your student needs. However, if you fear your student's school is not accommodating them appropriately based on their disability, always be proactive in pushing for what is right.
In contrast, most post-secondary institutions in West Virginia do not take proactive steps to recognize or diagnose disabilities in students. Students must inform their university of their disabilities and work with disability services to agree on reasonable accommodations, both in class and after accusations of misconduct arise. If your student can not make their voice heard when seeking accommodations for their disability, contact the Lento Law Firm Student Defense Team today.
West Virginia Policy 2419
West Virginia complies with the federal Individuals with Disabilities Education Improvement Act through Policy 2419. This policy applies to the vast majority of children with special needs in West Virginia, ranging from preschoolers to high school students.
Primary Components of West Virginia Policy 2419
- Identifying Students With Disabilities: Policy 2419 outlines specific criteria, such as medical evaluations and academic performance, to determine which West Virginia students need additional support to succeed. Formal medical diagnoses go a long way in proving your child needs accommodations for their disability.
- Least Restrictive Environment: Policy 2419 supports the idea that schools should educate students with disabilities alongside non-disabled students as much as possible. Inclusion aims to bolster communication and understanding between students as well as provide the best possible curriculum to all.
- Individualized Education Program: Policy 2419 determines how students, parents, and educators collaborate to create a plan to address each student's unique needs. These plans may also address how schools should handle future misconduct.
- Safeguards: Policy 2419 protects students with disabilities by including safeguards that prevent educators from ignoring the unique role that disabilities can play in a student's life.
The general idea of Policy 2419 follows students into their post-secondary education through other federal laws, but the specific wording and protections created by Policy 2419 apply to West Virginia K-12 students only. As a result, students in higher education often need to make a greater effort to receive accommodations for their disabilities compared to their younger years in school.
The Manifestation Determination Process
The manifestation determination process is one of the most robust safeguards protecting K-12 students from misconduct accusations. A student's disability shouldn't be an excessive burden, and this process aims to find solutions to misconduct that do not unfairly punish students.
A manifestation determination evaluation determines whether a disability played a role in a student's misconduct. Punitive measures against a child don't address the underlying issues or bring about solutions if their disability is the root cause. Schools may forgo punitive measures entirely if the manifestation determination process finds that a disability was the primary cause of the misconduct or behavior.
As Policy 2419 emphasizes individualized plans and a non-restrictive learning environment, educators can use these reviews as an opportunity to find solutions to problems instead of handing out punishments. Separating a child with behavioral issues from a classroom may be the right solution if they are purposely misbehaving, but this doesn't align with the goals of Policy 2419 for students with disabilities.
Not all misconduct accusations will immediately trigger a manifestation determination review. Schools will use normal processes to handle most minor incidents that don't result in lengthy suspensions or reevaluations of your student's status. However, educational institutions should always try to address the underlying causes of minor incidents, especially if they happen frequently. If you feel your student's school failed to perform a review to find a reasonable solution, contact the Lento Law Firm today.
Laws Protecting West Virginia Students in Post-Secondary Education
Students with disabilities in West Virginia attending higher education have similar protections to students in other states, namely through Section 504 and the Americans with Disabilities Act.
Section 504 of the Rehabilitation Act of 1973
Section 504 is part of a federal law that has long protected the rights of individuals with disabilities in all activities and programs that receive funding from the federal government. Regarding education, it broadly ensures that students with disabilities have equal access to education and mandates accommodations if needed to facilitate this equal access.
Section 504 helps students facing misconduct allegations by forcing colleges to provide accommodations during disciplinary proceedings and prevent them from penalizing student behavior related to their disability. Despite these requirements, it is still possible for schools to fail to provide appropriate accommodations.
The Americans With Disabilities Act
The Americans with Disabilities Act is a comprehensive civil rights law prohibiting discrimination on the basis of disability. This act applies to many areas of everyday life, including employment, housing, transportation, and education. The educational goal is to extend protections to students with disabilities to help them enjoy the same opportunities as their peers at school.
Similar to Section 504, the Americans with Disabilities Act affords protections to disabled students during disciplinary proceedings, keeping the process fair and accessible. Schools must make reasonable accommodations for students, facing potential legal action if they don't.
Misconduct Risks Faced by Students With Disabilities
Despite these vast protections for students in West Virginia, schools may still accuse them of misconduct and leave them struggling to defend themselves. Disabilities can complicate the process of disciplinary proceedings, but they also increase the chances officials accuse a student of misconduct in the first place. If your student's school is accusing them of misconduct, contact the Lento Law Firm Student Defense Team to protect their rights during upcoming disciplinary proceedings.
Academic Misconduct
Academic misconduct undermines the educational process, and educational institutions need to combat academic dishonesty to provide every student with an equal playing field.
If a student cheats on coursework or plagiarizes without repercussions, it can reflect poorly on the school. Students with disabilities, however, may need additional assistance to succeed, and educators may mistake reasonable accommodations for academic misconduct.
A student with dyslexia might struggle with accurately citing sources, while a student with ADHD might find it hard to focus on their own paper during exams, leading to accusations of cheating. Simple miscommunication between students and school officials regarding disability accommodations may be enough for officials to start investigating potential misconduct.
Sexual Misconduct
Sexual misconduct should not be tolerated, and Title IX requires universities in West Virginia to take prompt action to respond to accusations. However, this process must be equitable at all times, respecting the rights of the accused as well as the accuser. Disabled students may be particularly vulnerable to sexual misconduct accusations due to the difficulties they face navigating social situations and intimate relationships.
The seriousness of a sexual misconduct allegation means students with disabilities can't afford to be at a disadvantage during disciplinary proceedings. Without accommodations to help accused students feel safe and able to tell their side of the story, the process is not equitable for all. If accused students cannot adequately defend themselves, sexual misconduct allegations and punishments may hinder their future.
Behavioral Misconduct
Schools naturally desire to limit behavior that disrupts the overall learning environment. Aggressive behaviors or bullying can also make other students feel unsafe in their classrooms.
Students with behavioral or emotional disorders may exhibit behaviors that educators interpret as defiance or misconduct, even if that isn't the intent. In certain circumstances, educators may treat behavioral misconduct harsher than average to punish a student they believe is ignoring direct orders.
If a student acts out in class due to a disability, it stands to reason they may have similar issues during disciplinary proceedings. Schools in West Virginia are legally obligated to accommodate these students as much as needed to engage them in the disciplinary process and provide them with the opportunity to defend themselves.
Online Misconduct
In our modern world, educational institutions look beyond school grounds to monitor student behavior. Inappropriate or harmful behavior online may put your student at risk of behavioral or sexual misconduct allegations, and academic dishonesty is increasingly possible for students with instant access to online information.
Online interactions are complex enough for the general population, and students with disabilities can have a much harder time dealing with this new form of social communication. The anonymity of the online world, paired with the risk of miscommunications and lack of context, can lead to severe accusations of misconduct that require a solid defense.
Technology is amazing, and new tech has the potential to help students with disabilities learn in their own unique way. If your student's school is not providing an opportunity for them to plead their case and explain their use of technology, contact the Lento Law Firm today.
Defending Against Misconduct Accusations With the Lento Law Firm
With so much on the line when your student is accused of misconduct, you shouldn't go forward with disciplinary proceedings before you have a trusted team by your side to answer any questions you may have.
The Lento Law Firm Student Defense Team can defend your child against misconduct allegations and ensure that their school provides them with the necessary accommodations required by law. Call us today at 888-535-3686 or fill out our confidential online form to protect your student's rights and help them achieve a successful educational future.
