Students with disabilities will encounter challenges throughout their educational journeys, from social pressures to academic rigors to receiving legally-required accommodations. Yet, they are not alone in their pursuits. An official study shows that one in five students enrolled in higher education programs has a physical, mental, or emotional disability. Even though state and federal laws require schools to provide reasonable accommodations to students with disabilities, Nebraska schools sometimes fail to deliver on that guarantee. If your K-12 school, college or university, or other educational program fails to recognize your disability or denies you reasonable accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team are prepared to defend your disability rights so you can have equal access to education.
Disabled Student Rights in Nebraska
Disability Accommodations in Nebraska
Federal regulations require schools in Nebraska, as well as any other state, to afford students the right to a "free appropriate public education" (FAPE), per the U.S. Department of Education's Office of Civil Rights. Since disabilities can hinder a student's access to education, they must be provided accommodations for qualifying impairments while enrolled. The primary federal law governing K-12 schools is the Individuals with Disabilities Education Act (IDEA). Under IDEA, schools are compelled to acknowledge student disabilities and follow official guidelines to create individualized education plans (IEPs) that regulate a student's education until they're 21 years old. Schools must also instruct disabled students in the "least restrictive environment," meaning schools cannot exclude them from majority-student populations unless strict procedures are followed in extreme circumstances. Section 504 of the Rehabilitation Act also directs Nebraska's institutions of higher education to provide accommodations for students with disabilities. The obstacles of qualifying disabilities can include digital or physical equipment to enhance a student's communication skills or mobility, facility alterations, schedule adjustments, alternative assessments, and others that will ensure FAPE.
ADA Issues and Lawsuits in Nebraska
Title II of the Americans with Disabilities Act (ADA) is another nationwide law compelling colleges and universities to recognize and accommodate qualifying disabilities. The ADA covers numerous disabilities like diabetes, HIV, muscular dystrophy, diminished hearing, eyesight, mobility, and other physical impairments. The federal law also encompasses intellectual and emotional disabilities like ADHD, anxiety disorders, learning disabilities, and other psychiatric conditions requiring medication. The federal government will enforce ADA disability rights through formal lawsuits or civil actions. For example, a federal suit charges that Nebraska students with disabilities are disproportionately affected by testing methods that violate the ADA and Section 504.
Nebraska State Disability Laws
Nebraska state disability laws generally track with federal laws. For instance, students with disabilities will be afforded special assistance and accommodations until they reach the age of 21. Nebraska Revised Statutes §79-1118.01 outlines the qualifying disabilities that would cause students to need special education, reasonable accommodations, and other related services. The Nebraska Department of Education (NDE) may establish eligibility criteria and age ranges for the classification of developmental delay. Nebraska Administrative Code §51-004.14 also asserts that the NDE is required to monitor the implementation of IDEA's provisions, including the establishment of IEPs. If you or your student has a dispute with a Nebraska school over school or program admission, reasonable accommodations, or access to special education programs, retain national education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Nebraska
Disabilities Affecting Academic Progression Issues in Nebraska
While reasonable accommodations will assist students with disabilities in gaining access to equal education, those same students must also adhere to a school's academic progression guidelines. Nebraska institutions—K-12 and post-secondary schools alike—require all enrolled students to maintain satisfactory academic progress (SAP). These standards usually include targets of grade point averages, course loads, and percentage of credits earned during the semester or cumulatively, as well as a maximum time limit for graduation. However, Nebraska schools may fail to provide reasonable accommodations for SAP requirements to students with disabilities or modify them so they may align with the school's academic standards policy. Because of this, students with disabilities are at risk of violating a school's SAP policy and having academic misconduct allegations levied against them. In such a case, a student's disability rights can be a working defense against unfair disciplinary action. National education attorney-advisor Joseph D. Lento can safeguard your enrollment status and help you fight against allegations that may derail your plans of graduating with a diploma or degree.
Disabilities Affecting Misconduct Discipline in Nebraska
Not only will a student's disabilities affect academic progress, but a school's grievance procedure. An emotional, mental, or physical impairment could prevent a student's ability to defend themselves successfully. State and federal disability laws protect students from these situations as they require schools to accommodate disabled students in disciplinary hearings reasonably. Autism, bipolar disorder, depression, post-traumatic stress disorder, and others affect student behavior. When students with qualifying disabilities aren't accommodated, schools may misjudge their actions and unfairly punish them. When schools seek to hand down punishments, federal IDEA and Section 504 laws require primary and secondary schools to conduct a manifestation determination review (MDR). An MDR is conducted by the school or district MDR or IEP team to determine if the student's IEP must be altered or if it could lead to placement in a state alternative education program. The Lento Law Firm has proven experience in education law and can assist students in misconduct hearings in which the school has not provided reasonable accommodations.
School Disability Attorney-Advisor Available in Nebraska
Nebraska must follow the same federal disability laws as other states. Although federal law supplants any constrictive state laws or regulations, schools and state education agencies sometimes aren't held accountable. You have the right to pursue an equal education and access any program or resource afforded to any other student. National education attorney-advisor Joseph D. Lento has represented students in Nebraska and nationwide with disability accommodations, disciplinary allegations, misconduct proceedings, 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.
