A substantial percentage of students at all levels—including colleges and universities—are dealing with some form of disability. Students who struggle with these obstacles to learning are often forced to find their way within a strained bureaucratic system that prioritizes cost and does not always grant the support necessary for such students. Yet, the right set of accommodations can turn academic frustration into academic success. If your educational institution is not properly accommodating you or your student's disability, there is a resource you can count on national special education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Your Rights in Kansas
Both the state and the federal government have requirements that educational institutions in Kansas must comply with. The Individuals with Disabilities Education Act, or IDEA, is the controlling federal law that mandates that the states extend its protections to all students in elementary and secondary schools. Kansas has disability-related definitions and its own requirements pursuant to IDEA and must provide individualized education plans (IEPs) for each student with a proven disability.
Disabled students in post-secondary schools are protected via another important federal law, Section 504 of the Rehabilitation Act of 1973. Even graduate and professional schools may not discriminate against disabled individuals and must provide reasonable accommodations for qualifying disabilities. These accommodations may take varied forms, such as providing note-takers or interpreters, assistive listening devices, or taped texts. The school may also, in certain circumstances, agree to modify its rules or practices, adjust or waive course requirements, offer additional resources and/or support services, and even make changes to classroom structure. These types of modifications can make a world of difference for students with learning disabilities.
ADA Issues and Legal Recourse
The Americans with Disabilities Act (ADA) is another significant federal law that mandates nondiscrimination against disabled students attending colleges and universities in all states. Enacted in 1990, it requires that those institutions of higher learning must offer reasonable accommodations for disabilities that fall within the designated categories. The law does not contain an exhaustive list of these but is applicable to mental or physical impairments that substantially limit major life activities or bodily functions. Such disabilities may include, among many others:
- Blindness or visual deficits
- Deafness
- Heart Disease
- Muscular Dystrophy
- Bipolar Disorder
- Autism Spectrum Disorders, such as Asperger's Syndrome
- Anxiety Disorders
- Major Depression
What is considered a “reasonable” accommodation will vary under the circumstances of the student's disability and the institution and program they are attending. Nevertheless, the Department of Justice may bring a civil lawsuit to enforce federal requirements. If you or your student have not received the disability protections that you/they are entitled to, consult national attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Defense in Academic Proceedings
When institutions fail to provide accommodations that are warranted by a student's disability, issues may arise that directly threaten a student's ability to stay in school and earn their desired degree. For example, a school may challenge a student's satisfactory academic progression (SAP). If a student fails to complete their coursework, achieve a designated percentage of credits, or advance in their program within published time limits, they may be asked to leave or face other disciplinary action.
Disabled students in Kansas may be subject—with reasonable accommodations— to comply with an institution's rules regarding satisfactory academic progress (SAP). However, many schools may not provide reasonable accommodations or the accommodations provided may need adjustment in order to enable the student to comply with SAP standards. Educational institutions have been known to rigidly enforce SAP rules while failing to consider the need for appropriate accommodations for a particular student. In such cases, a student may be unfairly placed on probation or even ousted from a program of study, dismantling years of work and planning and interfering with a student's academic and career goals. If you or your student has been put in this position by your school, it is advisable that you hire an attorney-advisor with substantial experience to advocate on your behalf.
Similarly, a disabled student who has not received appropriate accommodations such as extra time on exams, preferential seating, and assistive technology—to name a few—may begin to struggle with coursework and may run afoul of GPA rules or other program requirements. These struggles can lead to frustration and even misbehavior by affected students. Teachers and professors may mischaracterize actions by disabled students who have need of, but have not received, reasonable accommodations. This may be particularly likely to occur in cases where there is an autism spectrum disorder, such as Asperger's syndrome, or another disability affecting social, focus, and personality issues.
In addition, mentally, emotionally, or physically disabled students may not be capable of proper participation in hearings about such issues as behavioral misconduct. National special education attorney-advisor Joseph D. Lento, and the Lento Law Firm's Student Defense Team, will review all of the information regarding a disability and will assist in making sure that accommodations are properly put in place regarding hearings or disciplinary proceedings.
National Attorney-Advisor for Kansas Students
Federal Laws regarding nondiscrimination against disabled students are applicable in all states, including Kansas. These laws supersede state laws and must be complied with, although Kansas has its own disability protections and policies. Both federal and state law creates a legal framework that creates solid protections so that a disability should not stand between you or your student and academic opportunities, progress, or success. Reasonable accommodations must be provided for proven disabilities that fall within the parameters of the applicable laws. Nationwide attorney-advisor Joseph D. Lento and the Lento Law Firm Team have substantial experience helping disabled students with school issues regarding accommodations for their disabilities, satisfactory academic progress, behavioral accusations, and other challenges in educational institutions.
Call 888.535.3686 or click here to consult the Lento Law Firm.
