Arkansas students with disabilities sometimes confront greater challenges than others while seeking an education. Though, they aren't alone in their efforts. One study shows that nearly 20 percent of college and university students live with a disability. An abundance of state and federal laws safeguards students with disabilities by requiring educational institutions to provide reasonable accommodations for access to equal education. Yet, at times, Arkansas schools forsake their obligations to students with disabilities and stand in their way. If your primary or secondary school, college or university, or other academic course refuses to acknowledge your disability or offer reasonable accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team stands ready to confront any Arkansas school to ensure your right to an equal education.
Disabled Student Rights in Arkansas
Disability Accommodations in Arkansas
Arkansas schools—like those in other states—must provide students a "free appropriate public education" (FAPE), per the U.S. Department of Education's Office of Civil Rights. The primary federal law supporting students with disabilities is the Individuals with Disabilities Education Act (IDEA). The law requires K-12 schools to recognize a student's disability and then employ an individualized education plan (IEP) to assist them in their education and other school-related activities until the age of 21. Furthermore, to protect them against exclusion, IDEA states that public schools must provide students with disabilities instruction in the "least restrictive environment." Equally, Section 504 of the Rehabilitation Act directs institutions of higher education in Arkansas to provide reasonable accommodations. These may include accessibility technologies, physical equipment, facilities alterations, school day modifications, policy improvements, replacement assessments, and others assuring equal access to education.
ADA Issues and Lawsuits in Arkansas
Title II of the Americans with Disabilities Act (ADA) also mandates that Arkansas's colleges and universities accommodate qualifying disabilities. Physical impairments under ADA purview include cardiovascular, musculoskeletal, endocrine, respiratory, and special-sense organ impairments. Moreover, the law encompasses recognized mental and emotional disabilities like ADHD, Asperger's Syndrome, drug addiction, depression, epilepsy, speech and hearing impairment, and other conditions requiring medication. ADA disability rights are imposed by the government, and violations will be managed through formal lawsuits or civil action. For example, a lawsuit was brought against an Arkansas school district for violating the ADA when a student's emotional support was refused entry into the school.
Arkansas State Disability Laws
The Special Education Section of the Arkansas Department of Education states that students between the ages of three and 21 are eligible for support services to help them achieve an education. Agency responsibilities include ensuring compliance with IDEA, instituting professional development and technical assistance outreach programs, and maintaining an effective system for dispute resolution, among others. Arkansas Code Annotated §6-18-2406 states that a school's IEP or Section 504 team will convene periodically to consider whether a Behavior Intervention Plan (BIP) should be developed or revised, a Functional Behavior Assessment (FBA) should be performed or if additional behavioral goals and interventions should be included in the student's existing IEP. If you or your student has a dispute with an Arkansas school over disability rights or a school's operation of a BIP, FBA, or IEP, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Arkansas
Disabilities Affecting Academic Progression Issues in Arkansas
Reasonable accommodations will help a disabled student gain access to an equal education. Accommodations will also provide alterations for a student to meet a school's academic progression requirements. Arkansas schools call for all enrolled students to meet satisfactory academic progress (SAP) standards. The requirements are used to fulfill federal financial aid requirements, 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. Nevertheless, Arkansas schools may fail to provide reasonable accommodations to students or adjust requirements for students to meet the school or program's academic standards. Unfortunately, because of the school's failure, a disabled student may be subject to disciplinary action and be placed on academic probation or suspended from the school or program. 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 reinstatement.
Disabilities Affecting Misconduct Discipline in Arkansas
Student disabilities can also affect how misconduct allegations are managed in Arkansas schools. An emotional, intellectual, or physical disability could inhibit a student's defense when allegations press them 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, bipolar disorder, post-traumatic stress disorder, traumatic brain injuries, and others affect how a student acts, school administrators may misinterpret their behavior. 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 primary or secondary school can alter a student's IEP or pursue placement in an alternative education program. The Lento Law Firm has principal experience in education law and can assist students in handling misconduct hearings when schools fail to accommodate disabilities reasonably.
School Disability Attorney-Advisor Available in Arkansas
Arkansas must adhere to the same federal disability laws that apply in other states, surpassing state regulations. Although the state education agency provides a pathway for all students to be afforded equal access to education, there are instances when students with disabilities can experience mistreatment. National education attorney-advisor Joseph D. Lento has represented hundreds of students in Arkansas and across the U.S. 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.
