Disabled Student Rights: Advocating for Equal Opportunity in North Carolina Schools

Students with disabilities are entitled to the same academic opportunities as their non-disabled peers. However, many schools fail to provide necessary accommodations and resources, citing a lack of funding or resources. As one in five higher education students have a disability, it’s essential to recognize disability as a protected class in the United States, with legislation requiring schools to provide reasonable accommodations to disabled students.

Disabled Student Rights and Accommodations in North Carolina

North Carolina schools are bound by both state and federal law when it comes to providing accommodations for students with disabilities. Elementary and secondary schools must follow the Individuals with Disabilities Education Act (IDEA), which mandates that individualized education plans (IEPs) are created for qualifying disabled students. An IEP outlines specific supports, special education instruction, and services that students require to succeed at school.

College and university students can refer to Section 504 of the Rehabilitation Act of 1973 when seeking help with accommodations. Academic institutions must provide disabled college students with appropriate accommodation so they can access facilities like restricted elevators or wheelchair-accessible desks. They may also need sign language interpreters or textbooks available in Braille.

The Americans with Disabilities Act (ADA) requires Title II establishments like educational organizations to provide activities, programs, and specific public transportation accommodations for individuals with disabilities. The Department of Education oversees enforcement of these regulations within the ADA, interpreting guidelines both physically visible impairments but also neurological, mental, or psychiatric conditions.

North Carolina State Disability Laws

Like other states across America, North Carolina bases its disability laws explicitly on those outlined by the ADA. These regulations ensure all individuals have economic self-sufficiency and social inclusion qualitatively resulting from meeting personal goals will remain uncompromised.

Disability Impacting Academic Progression Issues

The GPA of every student counts toward their progression through courses leading up until graduation. However, when a student fails to maintain the required minimum or is unable to advance within courses, a school can refer them for disciplinary proceedings. Disabled students who do not receive reasonable accommodations are frequently get affected negatively and it is therefore their academic performance drastically drops over time thereby leading to a reprisal scenario.

Disability Impacting Misconduct Discipline

Severe cases of misconduct may result in disciplinary consequences for the student, even if they are caused by their disability. Autism spectrum disorder (ASD) hyper-sensitivity issues, specifically with audible attendees such as professors or teachers, might cause disabled students to look uninvolved unintentionally. The lack of proper knowledge in this situation by an educator could be misinterpreted as being rude or disruptive when it is just one of many behavioral symptoms associated with ASD.

School Disability Attorney Advisors Offered in North Carolina

If your child’s accommodations and confidence are being overlooked or ignored by their school due to disability, Attorney Todd Spodek can help you advocate for appropriate modifications. Mr. Spodek aims to ensure that schools will continue providing necessary accommodations so that your student won’t face any roadblocks in their academic endeavors sufficiently. You can call him at 212-300-5196 today for urgent help or schedule a consultation online to learn how he can support you further.