The right to education is a major right but students with disabilities are exposed to challenges that one can never imagine. In order to facilitate equal treatment, fair opportunities and needed support, laws have been established. Being familiar with the functioning of these laws the disabled students, their families and the advocates can safeguard their right to education and muster forces to fight against such injustice when they encounter them.
Legal Protections in Education
The right of reasonable accommodations is one of the most significant that students with disabilities are entitled to. The schools and colleges are supposed to ensure some changes to enable students to contribute towards the learning. This may involve such things as availability of classrooms, extended time on exams, note taking assistance or alternative formats to complete the assignments. These accommodations will eliminate obstacles and not unfair advantage.
The right not to be discriminated against is another important legal right. There should not be any case where an educational institution chooses to exclude or treat a student unfairly due to the disability of a student. This is bullying, denial of services or the rejection to permit participation in school activities. Legislation such as the Americans with Disabilities Act (ADA) in the United States, or similar types of human rights legislation in Canada aim to safeguard these rights.
Support for Younger Students
In the case of younger students, there are certain regulations regarding the way schools are supposed to assist. In most areas the obligation on the part of the public schools is to detect the students, who might be disabled, and evaluate them. After making the determination of a disability, a Special Education Plan (IEP) or a similar one can be developed to specify the assistance the child will get. This plan is evaluated on a regular basis so as to ensure that it continues to address the needs of the student.
Parents also play an important role in this process. It is their right to be present during meetings, make recommendations to the plan, and protest decisions, which they do not like. In case of difficulties, then a disability lawyer may assist the families through the appeals procedure or be able to represent them during hearings.
Support in Colleges and Universities
The rules may appear to be a bit different when the students graduate from college or university. Colleges and universities remain obligated to make reasonable accommodations, though as a rule the student has to assume the initiative of requesting them. This involves the platform of approaching the disability services office, submitting records, and collaborating with employees to choose the accommodations to be applied.
Although the responsibility is transferred, students are well guarded by the rule of law. They cannot be rejected only because they are disabled. In case a client feels that things are not going on well with him or she feels that the school is not helping or assisting him or her, the student can consult with a disability lawyer Toronto based or otherwise to have the knowledge of what can be done.
The Role of Advocacy and Legal Help
It is important to know your right as well as know when to seek assistance. There are occasions when students or their families are unable to make schools comply with the law. This may occur when the schools do not understand what they are required to do, or in the case when they refuse to make changes due to cost or any other factor. When a disability lawyer is brought on who is knowledgeable in regards to education law, he/she can intervene and support the student based on his/her needs.
The assistance of law can also be applicable when discrimination or harassment takes place. An attorney may show how to make a complaint and present the customer before the proceedings and assist in collecting evidence to prove the case. Although a range of issues may be addressed through collaboration with the school, the law makes sure that students will not be left alone in case matters get even worse.
The Importance of Staying Informed
Lastly, students and their families should know their rights and be aware of any laws that can have their back. The disability laws are subject to evolvements, and what may work at one unit of education may not be the same at another level. Informed decision-making can assist a student in preparation, questions they ask, and to be good advocates.
As a parent of the small student or a college student, who needs some help, keep in mind that there is help. The use of disability services, educators and in some cases, a disability lawyer, will be effective in getting the disabled students the same and equitable education they are entitled to.
