Special Education Rights

Fighting Discrimination Against College Students with Special Needs and Disabilities

College students with special needs and disabilities frequently find themselves facing illegal discrimination. All too often, they are put in a position where they are denied services they are entitled to under federal or state law. As student rights lawyers dedicated to upholding the laws enacted to protect the rights of college students, the team at Nesenoff & Miltenberg, LLP knows how to fight effectively to ensure that colleges and universities treat you fairly and provide the accommodation you deserve.

We help students and their families understand their rights under the law and the various options for enforcing those rights. Our team provides advice and advocacy to achieve your objectives, whether through administrative channels or in court.

Colleges and Universities are Not Always as Prepared as They Should Be

A college education has essentially become a requirement in a global economy centered on information and technology. High school counselors guide all students toward post-secondary education, including students with special needs and disabilities. When these students arrive on the campus of a college or university, however, professors and staff are often not prepared with the tools and techniques these students require to succeed in the new environment.

While the laws do not require colleges to provide the same assistance as that required at the elementary, middle school and high school levels, there are protections available for students in higher education settings. The effective lawyers for college students at Nesenoff & Miltenberg make use of these laws to ensure that students with disabilities and special needs can overcome unlawful discrimination and receive the assistance they deserve.

Types of Disabilities and Special Needs That Create Challenges at College

Students working to overcome a wide variety of challenges may require assistance at the college level. The needs and disabilities may be physical, mental, emotional, or a combination of all three. The challenges include:

• Dyslexia and Learning Disabilities
• ADD & ADHD
• Autism Spectrum Disorder
• Mood Disorder
• Hearing and Visual Impairments
• Oppositional Defiant Disorder
• Speech and Language Disabilities
• Schizophrenia and Other Mental Disorders
• Cognitive Impairments
• Pervasive Development Disorder
• Orthopedic Impairments

In addition, students may also be struggling to overcome health impairments that can potentially be stabilized with treatment, such as epilepsy, diabetes, cardiac problems, or cancer.

Some disabilities are readily apparent, while others are not. It is often up to the student to inform a college or university about a disability or special need, but once a student informs the school’s Office of Disability Services and provides any required documentation, then the educational institution may have certain obligations to provide accommodations to aid the student. When a school fails to meet those obligations, the student rights lawyers at Nesenoff & Miltenberg work to hold the institution accountable and obtain relief for students and their families. Depending on the situation, remedies could include compensation as well as the provision of assistance needed to enable the student to succeed in an educational environment without discrimination.

Federal Laws That Protect College Students from Discrimination Based on Disabilities and Special Needs

The primary federal laws that prohibit discrimination and mandate opportunities for college-level students with disabilities are the Americans with Disabilities Act (ADA) and accompanying regulations and Section 504 of the Rehabilitation Act of 1973. In some cases, state and local laws provide additional legal protections.

The definition of a disability under these statutes is quite broad, so it covers a range of conditions. Essentially, any physical or mental condition that “substantially limits” a “major life activity” triggers obligations under these federal laws. The laws also provide protection for those who have an impairment on their record, even if it does not cause a disability, and those who are perceived as having a disability. For instance, if a college refused to admit an applicant because they believed, based on the student’s speech pattern or appearance, that the student had Down syndrome, that discriminatory action would be illegal even if the student had never been diagnosed with Down syndrome.

At Nesenoff & Miltenberg, our lawyers for college students know how to leverage all the available legal opportunities to ensure students receive the opportunities and accommodations they deserve.

Denial of Services and Other Forms of Discrimination

Under federal law, colleges and universities are required to make reasonable accommodations for all students with disabilities in most situations. The school may legally refuse to provide an accommodation if the provision would fundamentally alter their program or create an “undue” burden on the institution.

Examples of accommodations include:

• Providing interpreters
• Special computer programs
• Audio recordings and materials in braille
• Assistive listening systems
• Allowing service animals in a classroom and other campus locations
• Providing additional time to take exams or complete assignments
• Scheduling classes and activities in an accessible location

Schools may also allow students to make substitutions in classes required for degree requirements or provide an early enrollment option to allow students with special needs the time and opportunity to arrange other necessary accommodations.

While colleges and universities may argue that the accommodations you need would cause an undue burden, the student rights lawyers at Nesenoff & Miltenberg know how to argue effectively to refute those assertions. We also work to ensure that documentation of a disability or need is clear and unambiguous so that schools have no grounds to refuse to provide services to accommodate a disability.

Nesenoff & Miltenberg Protects the Rights of College Students with Disabilities and Special Needs

Without the right legal representation, a college student who has been denied services or discriminated against due to a disability can easily find out that they have lost out on educational and career opportunities that are impossible to replace. During this crucial time in a student’s life, it is important to ensure that all rights and opportunities are fully protected to set them on a course for future success not only professionally but also personally and emotionally.

The dedicated lawyers for college students at Nesenoff and Miltenberg, LLP, know how to advocate effectively to secure the assistance students are entitled to under the law. We can pursue justice through campus proceedings, federal or state administrative channels, or in court to get the right outcome for your specific needs. To schedule a confidential consultation to learn more about the advocacy and assistance our team can provide, call us at 212-736-4500 or contact us online.