Students with disabilities tend to face challenges while pursuing an education. Sometimes they are more demanding academic trials, social pressures, and even applying for disability accommodations. However, students facing these issues shouldn't feel alone. One study shows that nearly 20 percent of students enrolled in colleges and universities across the country have a disability. Whether a student's disability is emotional, mental, or physical, state and federal laws require schools to provide reasonable accommodations for qualifying conditions. This is true at any level of education, including post-graduate programs. Yet, Montana schools sometimes fail in their legal obligations to students with disabilities, putting them at risk of falling behind in their journey toward a diploma or degree. If your K-12 school, institution of higher education, or other academic program refuses to acknowledge your disability or provide reasonable program accommodations, contact national education lawyer Joseph D. Lento. He and the Lento Law Firm's Student Defense Team are prepared to fight for your disability rights or special education support, ensuring your access to an equal education.
Disabled Student Rights in Montana
Disability Accommodations in Montana
The U.S. Department of Education's Office of Civil Rights states that all primary and secondary school students must be guaranteed a "free appropriate public education" (FAPE) until they graduate or turn 21. Early special education support services may be available for children as young as three. For students with qualifying disabilities, institutions and other academic or learning programs must provide reasonable accommodations to fulfill the government's FAPE requirements. Furthermore, students with disabilities in K-12 schools must be educated in the "least restrictive environment." Such regulations provide disabled students to integrate into the school population without exclusion. The primary federal law offering and defending access to disability accommodations is the Individuals with Disabilities Education Act (IDEA). The law compels primary and secondary schools to identify disabilities in students throughout their program enrollment. Once a disability is recognized, school officials will address alterations to a student's education with an individualized education plan (IEP) to assist them toward graduation. Plans may be revisited for adjustment once a year or upon parental or guardian approval. Likewise, Section 504 of the Rehabilitation Act directs Montana's colleges and universities to deliver educational, facility-based, and scheduling accommodations to students with qualifying disabilities. Accommodations may include equipment, services, or software to enhance a student's senses or mobility, classroom conversions, schedule modifications, alternative testing methods, and others that provide FAPE for students.
ADA Issues and Lawsuits in Montana
Title II of the Americans with Disabilities Act (ADA) is an additional federal law that requires Montana's institutions of higher education to accommodate qualifying disabilities. The ADA covers a variety of physical disabilities relating to the cardiovascular, digestive, endocrine, musculoskeletal, and neurological systems. Yet, intellectual and emotional disabilities are also included. Conditions regarding anxiety disorders, learning incapacities, and psychiatric conditions requiring medication or therapy are protected under the ADA. The U.S. government's ADA guidelines and disability rights through formal lawsuits or civil actions. For example, a suit was filed against the Lewis and Clark School District after a student with disabilities was denied adequate educational services.
Montana State Disability Laws
Montana's state disability laws generally track with federal laws. Administrative Rules of Montana (ARM) §10.55.805 states that students eligible for special education services who have completed the goals identified on an IEP for high school completion will be awarded a diploma. Recently, Montana House Bill 451 extended further state funds to educate students with disabilities that enroll in school beyond the age of 19. ARM §10.60.102 also assures parents that due process will be given in the identification of disability, the development of an IEP, and an annual review of the IEP and educational placement.
Disability as a Mitigating Factor in Montana
Disabilities Affecting Academic Progression Issues in Montana
Although students with disabilities can access any academic program available to other students, they must still abide by the same academic progression policies. Montana schools—like those in other states—will have a satisfactory academic progress (SAP) policy. SAP guidelines are comprised of quantitative and qualitative objectives each student must meet every semester and cumulatively as they progress toward graduation. Some common individual SAP requirements are minimum grade point averages, the number of course credits attempted, the percentage of course credits passed, and a maximum time period for graduation. However, Montana's schools may refuse to alter their academic standards for disabled students. If that unfortunate situation arises, a student's disability rights will be the foundation for defense against unfair treatment and potential academic violations. National education lawyer Joseph D. Lento can fight for your right to obtain an education of your choice.
Disabilities Affecting Misconduct Discipline in Montana
A student's disabilities may also affect how they handle disciplinary procedures. Any disability—emotional, mental, or physical—can greatly affect a student's capacity to defend themselves in the grievance process. The investigative, hearing, and sanctioning phases are stringent procedures requiring evidence collection, witness testimony, and giving a compelling argument to school disciplinary officials. Luckily, state and federal disability laws require schools to provide accommodations for students with ADHD, autism, depression, post-traumatic stress disorder, and others that impact a student's attitude and behavior. When students in primary or secondary schools are involved in the disciplinary process, IDEA and Section 504 laws require special education personnel to conduct a manifestation determination review (MDR). If a student's IEP must be adjusted, the MDR will establish what changes must be made. It will also determine if a Montana alternative education program better serves a student's education. But some of Montana's schools may disregard how disabilities affect students alleged to have committed misconduct, especially when handing down sanctions. Unfortunately, school administrative officials may misunderstand a student's actions or behavior and put an end to their academic career. The Lento Law Firm has proven experience in special education law and can assist in the school disciplinary process at any level.
School Disability Lawyer Available in Montana
No matter what grade a student is in or what degree they're seeking, Montana's schools must follow federal disability laws or regulations beyond any narrower state statutes. As a student with a disability, you have the right to pursue any education or access any program afforded to others. National education lawyer Joseph D. Lento has represented students in Montana and other states in dealing with disability accommodations, grievance procedures, and 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.
