Students Who Claim Disabilities Aren’t Faking It — And By Law They’re Entitled to Accommodations
The popular notion that college and university students are faking disabilities in order to game the system to their advantage is a myth, the Chronicle of Higher Education says. Instead, the real problem is its opposite: students who need disability accommodations are struggling to get them, and that puts them at a troubling disadvantage.
The LLF National Law Firm’s Education Law Team wants to assure students who:
- Are fighting for accommodations at their school, and/or
- Have been denied the accommodations they’re entitled to, and/or
- Are facing academic misconduct allegations because of their disability
That their schools might be on the wrong side of federal disability rights laws. We want to see you succeed, and we’re here to help. We’ll intercede with your school’s office for disability services and negotiate with school officials to ensure you get the accommodations you need and are entitled to. Call 888-535-3686 and tell us about your situation, or send us a message online.
How Widespread Is This Issue, and Does it Matter?
Let’s start with two important statistics:
- The number of college students with registered disabilities is on the rise: in 2004, only 11% of students had a disability; in 2020, it was 21%, with diagnoses of depression, anxiety, and ADHD making up 69% of that share.
- Two-thirds of students enrolled in four-year undergraduate programs graduate within six years. For students with disabilities, that timeframe is eight years.
Considering how many students live with undiagnosed, undisclosed, or institutionally unrecognized disabilities, it’s safe to assume that the number of students who struggle in college with problems that reasonable accommodations could remedy is greater than the numbers show.
These students spend thousands of hours — and dollars — trying to earn their degrees. If they don’t make it through, they’re left demoralized and in debt for nothing.
Why Aren’t Students Getting the Accommodations They Need?
Colleges and universities don’t make it easy for students to obtain accommodations. To qualify for services, students are usually required to provide extensive documentation confirming their disability. For many students, this first set of hurdles to overcome means:
- Doctors’ appointments and diagnostic testing that insurance might not cover, but that cost thousands of dollars out of pocket
- Institutional rules that say the medical documentation can’t be more than a few years old; if it is, the student has to show an up-to-date diagnosis
- Handling on their own, and usually for the first time, complex administrative tasks that pose exceptional challenges for students whose disabilities affect executive functioning or communication
What Recourse Is Available to Students Who Need Accommodations?
When students who need accommodations are denied them, or when they’re unable to obtain the documentation they need to even apply, the consequences can be devastating:
- Their grades can suffer
- They can lose funding opportunities if they can’t manage a full-time course load
- Their sense of frustration and despair could exacerbate their disability
- They might be accused of academic misconduct, including cheating, plagiarism, or unauthorized AI use
If you’re struggling to get the accommodations you need, or your school has denied your request for accommodations, or your disability has caused you to get in trouble with your school, don’t just accept these outcomes — the stakes are too high. Contact the Education Law Team at the LLF National Law Firm now so we can help you get your future back on track. Send us a message online today, or call us directly at 888-535-3686.