Students with disabilities will face challenges pursuing an education, no matter what grade level, degree concentration, or program they follow. From demanding academic tasks to social environments to fulfilling all graduation requirements, they will encounter obstacles, especially when applying for legally-required disability accommodations. Yet, students with disabilities shouldn't feel alone. One study shows that nearly 20 percent of college and university students nationwide have a disability. Whether a student's disability is emotional, mental, or physical, state and federal laws oblige schools to offer reasonable accommodations for qualifying disabilities. However, Delaware institutions sometimes fail to provide modifications to disabled students, which puts unnecessary pressure on their academic journeys. Therefore, if your primary or secondary school, college or university, or other educational program declines to acknowledge your disability or offer reasonable accommodations, contact national education lawyer Joseph D. Lento. He and the Lento Law Firm's Student Defense Team stand ready to defend your disability rights.
Disabled Student Rights in Delaware
Disability Accommodations in Delaware
The U.S. Department of Education's Office of Civil Rights asserts that all primary and secondary school students will be guaranteed a "free appropriate public education" (FAPE). As well, students with disabilities will be educated in the "least restrictive environment," which means they will not be isolated from the majority of in-school student groups. The primary federal law providing students access to disability accommodations is the Individuals with Disabilities Education Act (IDEA). The act states that K-12 schools must acknowledge student disabilities and deliver alterations to a student's academic course load and educational environment with an individualized education plan (IEP). Moreover, Section 504 of the Rehabilitation Act directs Delaware's post-secondary institutions to provide accommodations to students with qualifying disabilities. Accommodations may come in the form of include augmentative equipment, classroom conversions, schedule modifications, alternative testing procedures, and other stipulations ensuring FAPE.
ADA Issues and Lawsuits in Delaware
Title II of the Americans with Disabilities Act (ADA) also requires Delaware's institutions of higher education to accommodate qualifying disabilities. The law covers a variety of physical disabilities that affect the cardiovascular, endocrine, neurological, and respiratory systems, along others. The ADA also covers students with intellectual and emotional disabilities, including those with anxiety disorders, learning incapacities, psychiatric conditions, and others requiring doctor-prescribed medication or therapy. The U.S. government's guidelines and disability rights will be enforced through lawsuits or civil actions. For example, a proposed class action lawsuit alleged that the Delaware Department of Education (DDOE) failed to provide disabled students with FAPE.
Delaware State Disability Laws
Delaware's state disability laws typically run parallel with federal laws. Delaware Administrative Code (DE Admin Code) Title 14 §3121 states that any student will be afforded "special classes and facilities" to meet their needs while pursuing an education. Before students receive any special education support, DE Admin Code Title 14 §900.2 provides that an initial IEP assessment will be conducted. If a parent or guardian feels that the student's special education rights have been violated, they have a right to utilize the state's dispute resolution system, per the DDOE.
Disability as a Mitigating Factor in Delaware
Disabilities Affecting Academic Progression Issues in Delaware
There's no doubt that students with qualifying disabilities will have the right to access any academic program. But once they're in, they must also abide by a school's academic progression policies. Usually called satisfactory academic progress (SAP) policies, every school will have guidelines to measure qualitative and quantitative growth on a semester and cumulative basis. Some standard SAP provisions at Delaware schools may include a minimum threshold for a grade point average, the number of course credits attempted, the percentage passed, and a maximum time frame for graduation. Some schools, however, may refuse to modify their academic standards. If such a situation occurs, a student's disability rights will provide a defense. National education lawyer Joseph D. Lento can fight for your right to secure SAP accommodations, safeguarding your opportunity to gain a diploma or degree.
Disabilities Affecting Misconduct Discipline in Delaware
Disabilities won't only affect program access and academics. School administrators may levy misconduct allegations against students with disabilities, and impairments will influence how students handle a school's disciplinary procedures. The process is fast-paced and stressful, and any emotional, mental, or physical disability can affect a student's capacity to defend themselves, but state and federal disability laws compel schools to provide accommodations for students with disabilities. Conditions like ADHD, Asperger's Syndrome, autism, post-traumatic stress disorder, and others affect a student's attitude and behavior. When primary and secondary school students are subject to the procedures, IDEA and Section 504 laws also require school personnel to conduct a manifestation determination review (MDR). An MDR will determine if a student's IEP must be altered or if one of Delaware's consortium discipline alternative programs is an option. Some Delaware schools may ignore how disabilities affect students, especially when managing misconduct. The Lento Law Firm has proven experience in special education law and can support students in the throes of the school disciplinary process at any level of education.
School Disability Lawyer Available in Delaware
Every one of Delaware's schools must follow federal disability laws and regulations ahead of any state laws. Regardless of a student's disabilities, they have the right to access any academic program afforded to others without an undue burden placed on them. National education lawyer Joseph D. Lento has represented countless students in Delaware and nationwide in applying for disability accommodations, undergoing disciplinary procedures, and dealing with other school-related issues. Call 888-535-3686 today or visit the confidential online consultation form to retain education lawyer Lento and the Lento Law Firm's Student Defense Team.
