Students with disabilities attending K-12 schools and post-secondary programs will grapple with many academic challenges during their journeys toward graduation. Yet, they may confront further trials. Applying for disability accommodations can be troublesome, and students who don't receive early support services face an uphill climb. One study shows that one in five students enrolled in higher education has a physical, mental, or emotional disability. Yet, one in three students with mental health disabilities isn't even aware they could receive accommodations. Although state and federal laws require schools to provide reasonable accommodations to students with disabilities, Illinois schools sometimes fail in their legal commitments. If you or your child's primary or secondary school, college or university, or other educational program fails to recognize your disability or refuses to grant reasonable accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team are prepared to defend Illinois students and their right to equal education access.
Disabled Student Rights in Illinois
Disability Accommodations in Illinois
Illinois schools must comply with state and federal disability laws mandating accommodations for qualifying disabilities. Such guidelines ensure a student's right to a "free appropriate public education" (FAPE), per the U.S. Department of Education's Office of Civil Rights. The primary federal law governing the process is the Individuals with Disabilities Education Act (IDEA), which directs Illinois K-12 schools to recognize disabilities and manage a student's education with an individualized education plan (IEP). Moreover, public schools must provide all students with disabilities an education in the "least restrictive environment," meaning school administrators can't separate them from in-school pupil populations without proper reasoning. Similarly, Section 504 of the Rehabilitation Act requires the state's colleges and universities to provide comparable accommodations and program modifications for students with disabilities. Reasonable accommodations can include augmentative communications devices, mechanical equipment, facility conversions, schedule deviations, alternative testing methods, and other changes that guarantee FAPE for students with disabilities.
ADA Issues and Lawsuits in Illinois
Title II of the Americans with Disabilities Act (ADA) also requires Illinois institutions of higher education to accommodate qualifying student disabilities. In preventing discrimination against students with disabilities, the ADA covers a myriad of mental, emotional, and physical incapacities. From reduced hearing, mobility, and sight to HIV, cancer, endocrine conditions, musculoskeletal disorders, and others, the ADA will ensure FAPE for students in any program or activity operated by recipients of federal funds. Likewise, mental and emotional disabilities like ADHD, anxiety disorders, autism, epilepsy, and other psychiatric conditions requiring medication are covered by federal regulations. By pursuing private lawsuits and civil actions, governments can enforce ADA disability rights. For example, parents with limited English skills who also have children with disabilities in Chicago Public Schools filed a class action lawsuit over a denial of special education support services.
Illinois State Disability Laws
Illinois state disability laws generally track with federal laws. According to the Illinois State Board of Education (ISBE), special education services, like IEPs, are available to students with disabilities from the age of three until they graduate or until the day before they turn 22. 105 ILCS (Illinois Compiled Statutes) 5§13B-50 expands the ISBE's reach to extended eligibility through the end of the school year if the student's 22nd birthday occurs during the school year. Furthermore, the Illinois Human Rights Act allows colleges and universities to increase reasonable accommodations to qualified applicants on an individual basis that may not meet the legal definitions of "disability" or "handicap." If you or your student has a dispute with an Illinois school over disability rights, accommodations, or access to programs, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Illinois
Disabilities Affecting Academic Progression Issues in Illinois
Although reasonable accommodations will help a disabled student gain access to equal education, disabilities can also affect how a student manages a school's academic progression requirements. From primary to post-secondary programs, Illinois educational institutions require all students to meet satisfactory academic progress (SAP) standards. Students with disabilities will be obligated to do the same, but with reasonable accommodations. SAP standards normally require students to meet minimum thresholds of grade point averages, credit hours, and class completion percentages on a cumulative or semester basis. They must also graduate within a maximum timeframe. Illinois schools, however, may fail to provide reasonable accommodations or adequately adjust requirements for students with disabilities so they may meet predetermined academic standards. Consequently, a disabled student may breach a school's SAP policy and be at risk of academic probation or suspension. In that case, a student's disability rights may be a defense against academic misconduct allegations. National education attorney-advisor Joseph D. Lento can defend your or your child's disability rights and appeal to the school's governing body against sanctions, including reinstatement into the school or program.
Disabilities Affecting Misconduct Discipline in Illinois
A student's disabilities can also affect misconduct proceedings conducted in Illinois schools. An emotional, intellectual, or physical disability could prevent a student from defending themselves in the grievance proceedings. School administrators may misinterpret a student's conduct if they have mental or emotional disabilities, not just physical impairments. Autism, Asperger's syndrome, post-traumatic stress disorder, and others can shift affected students' attitudes and social behavior. Therefore, when students aren't reasonably accommodated during school misconduct hearings, they may be unfairly punished. State and federal disability laws also compel schools to provide reasonable accommodations to disabled students in disciplinary hearings. Federal IDEA and Section 504 laws and their state equivalents 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 enduring misconduct hearings in which the school has not provided reasonable accommodations for qualifying disabilities.
School Disability Attorney-Advisor Available in Illinois
Illinois is tasked with obeying the same federal disability laws that apply in other states. Even though the ISBE and ILCS usually don't limit disability rights, there are instances when students with disabilities can suffer mistreatment. You or your student has the legal authority 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 Illinois 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.
