Virginia students with disabilities may think their journeys pursuing education are uncommon. However, an official study reports that nationwide, nearly 20 percent of students enrolled in an institution of higher education live with a disability. Not only do they have fellow peers to support their efforts, but a myriad of state and federal laws and guidelines require schools to provide students with disabilities reasonable accommodations. When students with disabilities work tirelessly to obtain a certification, diploma, or degree, Virginia schools sometimes fail in their obligations. If your primary or secondary school, college or university, or other educational program refuses to recognize your disability or grant reasonable accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team are prepared to engage in disability disputes against Virginia schools at any grade level or degree program.
Disabled Student Rights in Virginia
Disability Accommodations in Virginia
According to the U.S. Department of Education's Office of Civil Rights, Virginia schools—like those in other states—must ensure a student's right to a "free appropriate public education" (FAPE), thereby obeying state and federal disability laws requiring accommodations for qualifying disabilities. The Individuals with Disabilities Education Act (IDEA) is the primary federal law requiring K-12 schools to reasonably accommodate student disabilities. IDEA guides schools in recognizing student disabilities and outlines how an individualized education plan (IEP) must be implemented and maintained for affected students. To safeguard disabled students from undue exclusion, public schools must provide them with an education in the "least restrictive environment." Therefore, students with disabilities cannot be separated from the in-school majority student population without a sufficient reason. Similarly, Section 504 of the Rehabilitation Act directs Virginia's colleges and universities to provide comparable accommodations for students with disabilities. Such accommodations can include augmentative communications and physical equipment, facility alteration, schedule modification, alternate testing practices, and others that will guarantee students with disabilities equal access to education.
ADA Issues and Lawsuits in Virginia
Title II of the Americans with Disabilities Act (ADA) is an additional federal law requiring Virginia's institution of higher education to accommodate qualifying disabilities. The ADA covers a wide range of disabilities, such as physical impairments like cancer, diabetes, HIV, muscular dystrophy, hearing or vision loss, and others. Yet, the law also covers mental and emotional disabilities like ADHD, anxiety disorders, autism, epilepsy, and other psychiatric conditions requiring doctor-prescribed medication. Through formal suits and civil actions, governments can enforce ADA disability rights. For example, Fairfax County Public Schools reached a settlement in a years-long suit with parents and advocacy groups who alleged that disabled students experienced "discrimination, trauma and physical harm through the excessive and improper use of seclusion and physical restraint."
Virginia State Disability Laws
Virginia Code §51.5-42 asserts that any public or private educational institution receiving state funds cannot deny "admission…or full and equal access to and enjoyment of any of its educational or extracurricular programs, to an otherwise qualified person with a disability because of such disability." While Virginia law protects students with disabilities with IEPs until the "age of majority," which is 18 years old in the Commonwealth, per the Virginia Administrative Code §8.20-81-110, IDEA ensures equal access to education until the student turns 21 years old. If you or your student has a dispute with a Virginia school over disability rights, accommodations, or access to programs and scholarships, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Virginia
Disabilities Affecting Academic Progression Issues in Virginia
Reasonable accommodations will support a disabled student's access to equal education, but the student must also fulfill a school's academic progression requirements. Virginia schools require all students to meet satisfactory academic progress (SAP) standards while enrolled to align with financial aid requirements, irrespective if the student receives it. SAP standards typically include minimum thresholds of cumulative grade point averages, semester credit hours, completing a certain percentage of credits, and a maximum timeframe for graduation. However, Virginia schools may fail to provide reasonable accommodations to students or adjust requirements so students with disabilities may meet the school or program's academic standards. Consequently, a disabled student may violate a school's SAP policy and be subject to a probationary period or a separation from studies because of the institution's failure. A student's disability rights may be a defense against unfair academic misconduct allegations brought forth by a school's narrow interpretation of its SAP standards. National education attorney-advisor Joseph D. Lento can affirm your disability rights and work with you to appeal to the school's governing body against sanctions, including reinstatement into a school or program.
Disabilities Affecting Misconduct Discipline in Virginia
Student disabilities can also affect grievance proceedings conducted in Virginia schools to manage misconduct. An emotional, intellectual, or physical disability could prevent a student alleged to have violated the institution's code of conduct from defending themselves. State and federal disability laws require schools to also accommodate disabled students reasonably in disciplinary hearings. School officials may misinterpret a student's behavior as mental or emotional disabilities afflict students, not just physical impairments. Autism, depression, post-traumatic stress disorder, and others affect student behavior. Therefore, when students aren't reasonably accommodated to mitigate school misconduct policy misunderstandings, schools may unfairly punish students with disabilities. When punishments are on the table in disciplinary hearings, federal IDEA and Section 504 laws require a manifestation determination review before a K-12 school can alter a student's IEP or pursue placement in an alternative education program. The Lento Law Firm has demonstrated experience in education law and can assist students in misconduct hearings in which the school has not accommodated their disabilities.
School Disability Attorney-Advisor Available in Virginia
Virginia is required to follow the same federal disability laws that apply in other states, which overtake any state laws or regulations. Although the Virginia Code provides a pathway for all students to be afforded FAPE and fair treatment in school, there are instances when students with disabilities can suffer maltreatment. You or your student have the lawful authorization in Virginia to pursue an equal education without a disability interfering with access to any program or resource afforded to any other student. National education attorney-advisor Joseph D. Lento has represented hundreds of students in Virginia and nationwide with disability accommodations, misconduct allegations, failure to meet academic requirements, and other related school issues. Call 888-535-3686 today or visit the confidential online consultation form to retain attorney-advisor Lento and the Lento Law Firm's Student Defense Team.
