Students with disabilities face bigger challenges on their journeys toward an education than others. Yet, the undertaking is anything but uncommon. One official study asserts that one in five college and university students lives with a disability. Nationwide, there are numerous state and federal laws protecting students with disabilities and compelling educational institutions from providing reasonable accommodations for access to equal education. However, sometimes Washington schools fail to fulfill their obligation to students with disabilities and infringe on their right to an education. If your K-12 school, institution of higher education, 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 will engage any Washington school, regardless of grade level or degree program to defend you.
Disabled Student Rights in Washington
Disability Accommodations in Washington
The U.S. Department of Education's Office of Civil Rights declares that Washington schools and programs in other states must provide students a "free appropriate public education" (FAPE). Consequently, schools are tasked with obeying a myriad of state and federal disability laws requiring accommodations for qualifying disabilities. The primary federal law supporting them is the Individuals with Disabilities Education Act (IDEA). The law requires primary and secondary schools to recognize student disabilities and then implement and maintain an individualized education plan (IEP) to assist them through graduation. To safeguard disabled students against exclusion from in-school majority populations, IDEA states that public schools must provide students with disabilities an education in the "least restrictive environment." Likewise, Section 504 of the Rehabilitation Act directs colleges and universities in Washington to provide accommodations. Reasonable modifications to a student's campus life experiences can include enhancive communications devices, mechanical equipment, classroom or structure alterations, schedule changes, substitute assessment methods, and others guaranteeing FAPE for students with disabilities.
ADA Issues and Lawsuits in Washington
Title II of the Americans with Disabilities Act (ADA) also requires Washington's post-secondary schools to accommodate qualifying disabilities. Physical impairments like diabetes, cancer, heart disease, and reduced hearing, vision, and mobility fall under ADA purview. But the law encompasses recognized mental and emotional disabilities like ADHD, Asperger's Syndrome, autism, depression, epilepsy, and other conditions requiring medication. ADA disability rights are enforced by the government through formal lawsuits or civil action. For example, a judge ruled that a Washington school district violated IDEA due to their refusal to educate students because of their disabilities, forcing the district to pay compensation to families.
Washington State Disability Laws
Washington's Office of the Education Ombudsman (OEO) states that students between the ages of three and 21 are eligible for support services to help them achieve a meaningful education. Importantly, services will end for students at the end of the school year when the student turns 21, according to Washington Administrative Code (WAC) 392-172A. There has been an effort to extend the age to 22. Lawsuits aimed at the Office of Superintendent of Public Instruction (OSPI) argue that students are entitled to services through their 21st year and up until 22 if they live in states like Washington, which offer publicly-funded basic education programs to non-disabled adults, like GED programs. Elsewhere in the U.S., federal courts have sided with such reasoning in similar cases. If you or your student has a dispute with a Washington school over disability rights or seeks to challenge OSPI's narrow interpretation of education access for students with disabilities, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Washington
Disabilities Affecting Academic Progression Issues in Washington
Reasonable accommodations will assist a disabled student in gaining access to an equal education. Yet, they will also provide alterations a student must meet to remain in compliance with a school's academic progression requirements. Washington schools require all full-time students to meet satisfactory academic progress (SAP) standards. They are used to fulfill federal financial aid requirements, and students must achieve minimum thresholds, regardless of whether they receive financial aid. SAP standards are ubiquitous and generally include minimum requirements of cumulative grade point averages, semester credit hours, completing a certain percentage of credits, and a maximum timeframe for graduation. However, Washington schools may fail to provide reasonable accommodations to students or adjust requirements for students to meet the school or program's academic standards. Due to the institution's failure, a disabled student may be subject to disciplinary action like academic probation or suspension. National education attorney-advisor Joseph D. Lento can uphold your disability rights and work to appeal to your school's disciplinary body against sanctions, including restoration of full-time student status.
Disabilities Affecting Misconduct Discipline in Washington
Student disabilities can also affect how misconduct allegations are managed in Washington schools. An emotional, intellectual, or physical disability could inhibit a student's defense when they are pressed by allegations during the grievance proceedings. Fortunately, state and federal disability laws require schools to reasonably accommodate disabled students in disciplinary hearings by providing altered timeframes and augmentative defense provisions. Since autism, post-traumatic stress disorder, schizophrenia, traumatic brain injuries, and others affect student behavior, school officials may misinterpret a student's behavior. Therefore, when students aren't reasonably accommodated during the disciplinary process, schools may unfairly punish students with disabilities. When sanctions are possible, IDEA and Section 504 laws require a manifestation determination review before a K12 school can alter a student's IEP or pursue placement in an alternative education program. The Lento Law Firm has premier knowledge in education law and can help students through misconduct hearings when schools fail to reasonably accommodate disabilities.
School Disability Attorney-Advisor Available in Washington
Washington is compelled to adhere to the same federal disability laws that apply in other states, which surpass any state regulations. Although the OEO, under the direction of the WAC, provides a pathway for all students to be afforded equal access to education, there are instances when students with disabilities can suffer mistreatment. National education attorney-advisor Joseph D. Lento has represented hundreds of students in Washington and nationwide with disability accommodations, academic requirements, misconduct allegations, 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.
