Students with disabilities pursuing diplomas and degrees will face pressures during their journeys related to accommodations for their qualifying disabilities. However, they are not alone in their efforts. One study shows that one in five college and university students nationwide live with an emotional, mental, or physical disability. Although state and federal laws and regulations compel schools at multiple levels to provide reasonable accommodations to students with disabilities, West Virginia schools sometimes fail in their obligations. If your primary or secondary school, college or university, or other educational program fails to acknowledge your disability or rejects pleas for reasonable accommodations, contact national education attorney-advisor Joseph D. Lento. He and the Lento Law Firm's Student Defense Team stand ready to defend your disability rights for equal education access.
Disabled Student Rights in West Virginia
Disability Accommodations in West Virginia
According to the U.S. Department of Education's Office of Civil Rights, schools nationwide must provide students a "free appropriate public education" (FAPE), and students with qualifying disabilities must receive reasonable accommodation to fulfill requirements. Moreover, schools must instruct disabled students in the "least restrictive environment." They cannot be isolated from the majority of in-school populations unless sufficient reasoning permits. The principal federal law overseeing access to accommodations for students in K-12 schools is the Individuals with Disabilities Education Act (IDEA). Under the act, schools are required to recognize student disabilities and implement individualized education plans (IEPs) that administer a student's education until they turn 21. Section 504 of the Rehabilitation Act also directs West Virginia's colleges and universities to provide accommodations for students with disabilities. Some accommodations may include augmentative communications devices or systems, classroom conversions, program alterations, alternate testing methods, and others that guarantee students FAPE.
ADA Issues and Lawsuits in West Virginia
An additional federal law mandating institutions of higher to accommodate qualifying disabilities is Title II of the Americans with Disabilities Act (ADA). The ADA covers a myriad of disabilities like cardiovascular, digestive, neurological, musculoskeletal, respiratory diseases and disorders, and other limiting physical impairments. The federal law also includes intellectual and emotional disabilities like anxiety disorders, learning disabilities, and other psychiatric conditions requiring doctor-prescribed medication. The federal government will enforce ADA disability rights through formal lawsuits or civil actions. For example, a federal judge ruled in favor of a class action lawsuit to proceed against Kanawha County Schools for systemic disability discrimination.
West Virginia State Disability Laws
West Virginia state disability laws usually run parallel with federal laws. West Virginia Code §18-8-1 states that all children ages six to 16 must attend school. Although students with disabilities are exempt from compulsory school attendance, they must still be provided with FAPE until age 21. If you or your student has a dispute with a West Virginia 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 West Virginia
Disabilities Affecting Academic Progression Issues in West Virginia
Reasonable accommodations will help students with disabilities obtain FAPE, but they must also adhere to a school's academic progression policy. West Virginia schools—K-12 programs and institutions of higher education alike—require all students to maintain satisfactory academic progress (SAP) while they're enrolled. These standards usually include cumulative and semester-based objectives of grade point averages, the number of classes taken, the percentage of classes passed, and a maximum time limit for graduation. However, West Virginia schools may fail to provide reasonable accommodations for SAP requirements to students with disabilities or modify them accordingly. If so, a disabled student may risk violating a school's academic standards and SAP policy and be threatened by subsequent sanctions. In that case, a student's disability rights can be a defense against unwarranted disciplinary action. National education attorney-advisor Joseph D. Lento can fight to protect your status as an enrolled student and safeguard your graduation plans.
Disabilities Affecting Misconduct Discipline in West Virginia
Disabilities may also affect how a student handles a school's disciplinary process and its investigative, hearing, and sanctioning stages. An emotional, mental, or physical disability could prevent students from defending themselves successfully. State and federal disability laws protect students from these situations as they require schools to accommodate disabled students during the grievance process. ADHD, autism, Asperger's Syndrome, bipolar disorder, depression, schizophrenia, post-traumatic stress disorder, and others affect a student's attitude and behavior. When students with qualifying disabilities aren't accommodated, schools may misjudge their actions and hand down unfair penalties. Anytime a K-12 school student risks disciplinary action, federal IDEA and Section 504 laws require manifestation determination review (MDR). An MDR is conducted by the school or district's MDR or IEP team to establish if the student's IEP should be changed to improve their behavior or if the student should be placed in a West Virginia alternative education program. The Lento Law Firm has established experience in education law and can support students during misconduct hearings.
School Disability Attorney-Advisor Available in West Virginia
Like all other states, West Virginia must follow federal disability laws that supersede any narrower state laws, regulations, or interpretations thereof. You have the right to pursue an education and access any program or resource afforded to any other student. National education attorney-advisor Joseph D. Lento has represented students in West Virginia and nationwide with disability accommodations, disciplinary allegations, misconduct proceedings, and other school-related 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.
