When students with disabilities pursue an education at any level, they will face obstacles any other student will encounter. From fitting in with peers to demanding academic tasks to fulfilling the requirements for graduation, educational programs present many difficulties to overcome. Yet, students with disabilities must contend with applying for and acquiring disability accommodations to assist them through graduation, which is something most other pupils won't confront. While it may seem isolating, students with disabilities shouldn't feel alone. One study says that one in five students enrolled in colleges and universities nationwide has a disability. Regardless of what type of disability a student has—emotional, mental, or physical—laws emanating from state and federal government require schools to offer students reasonable accommodations for qualifying disabilities. Unfortunately, Rhode Island schools sometimes fail to provide legally-required modifications to disabled students, putting their graduation goals at risk. If your K-12 school, institution of higher education, or other educational program refuses to recognize your disability or offer 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.
Disabled Student Rights in Rhode Island
Disability Accommodations in Rhode Island
The U.S. Department of Education's (USDOE) Office of Civil Rights guarantees a "free appropriate public education" (FAPE) for every student enrolled in primary and secondary schools nationwide. Moreover, the USDOE asserts that students with disabilities must be taught in the "least restrictive environment," meaning they are not subject to exclusion from majority in-school populations. The primary federal law providing students access to disability accommodations is the Individuals with Disabilities Education Act (IDEA). Under the law, K-12 schools must acknowledge student disabilities and deliver alterations to augment a student's academic load and educational environment with an individualized education plan (IEP). Furthermore, Section 504 of the Rehabilitation Act directs Rhode Island's institutions of higher education to give accommodations to students with qualifying disabilities. Such accommodations may include enhancive equipment or services, facility conversions, schedule alterations, substitute testing procedures, and other provisions ensuring FAPE for students.
ADA Issues and Lawsuits in Rhode Island
Title II of the Americans with Disabilities Act (ADA) is an additional federal law requiring Rhode Island's post-secondary schools to accommodate qualifying disabilities. The ADA covers a variety of physical disabilities like diabetes, heart disease, HIV, paralysis, and others. Yet, the act also protects students with intellectual and emotional disabilities. These include anxiety disorders, learning incapacities, psychiatric conditions, and others requiring medication or therapy. The U.S. government's guidelines and disability rights will be enforced through lawsuits or civil actions. For example, the U.S. Department of Justice settled a suit to provide people with disabilities daytime services and employment in the state.
Rhode Island State Disability Laws
Rhode Island's state disability laws typically run parallel with federal laws. Per Rhode Island's General Laws §16-24-1, a student with a disability will have educational benefits provided to them until their 21st birthday. If a student reaches 21 during a school or program year, the local education agency will pay for the post-secondary or transitional program that will continue through to the conclusion of the school or program's academic year. Under the Rhode Island Autism Spectrum Disorder Education Act, §16-24.1-4 of Rhode Island's General Laws explains that the Rhode Island Department of Education will develop a "Needs Assessment Document" to differentiate between what student needs are being met and to identify ways the existing system could be modified. If you or someone you love is a Rhode Island student with a disability, no matter what the state's laws regarding disabled students are, you can secure program or service access.
Disability as a Mitigating Factor in Rhode Island
Disabilities Affecting Academic Progression Issues in Rhode Island
Although students with disabilities will have the right to gain access to any academic program, once they're in, they must also adhere to a school's academic progression policies. Typically referred to as satisfactory academic progress (SAP) policies, every school will have such guidelines listing semester and cumulative benchmarks of success. Some standard SAP provisions at Rhode Island schools may include a minimum threshold for a grade point average, the number of course credits attempted and the percentage passed, and a maximum time frame for graduation. However, schools may fail to adjust their academic standards for disabled students or refuse requests to alter their standards. If that situation happens, a student's disability rights will be a foundational defense against unfair treatment and subsequent academic misconduct allegations. National education lawyer Joseph D. Lento can fight for your right to secure accommodations for SAP guidelines, ensuring your ability to gain a valuable education.
Disabilities Affecting Misconduct Discipline in Rhode Island
Disabilities don't just affect program access and academic guidelines, though. Occasionally, students with disabilities may have misconduct allegations levied against them, and their impairments will influence how they handle a school's grievance procedures. The process's investigative, hearing, and sanctioning phases are usually stringent and stressful. 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 be used to adjust a student's IEP to assist their academic and personal success and can even alleviate punishment from misconduct charges. An MDR will also determine if a Rhode Island alternative educational placement program may help a student become better aligned with their studies. Some Rhode Island 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 Rhode Island
Rhode Island's schools must follow federal disability laws and regulations ahead of any tighter state laws. Students with disabilities have the right to access any academic program afforded to others without falling behind due to emotional, mental, or physical impairments. National education lawyer Joseph D. Lento has represented countless students in Rhode Island and across the country applying for disability accommodations, enduring 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.
