Arizona School Discrimination Attorney
Discrimination in schools can come in many forms: students with disabilities being excluded from programs or activities, sexual abuse, and harassment based on race, gender, or sexual orientation. All students, no matter what their circumstance may be, are entitled to equal access to a proper education free from harassment. JacksonWhite’s Arizona school negligence attorney is determined to fight for the rights of students who have been made victims of discrimination by the disregard of school districts and school officials.
Students with Disabilities
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prohibit discrimination against individuals with disabilities, and state that no student be excluded from involvement in, be denied benefits of, or be exposed to discrimination under any school program because of a disability. The Acts also require schools to provide accommodations which allow a student to participate in the full capacity of a school’s activities and programs. This includes physical access to facilities, student services, and academics.
A student’s disability is evaluated with a 3-step analysis: (1) Does the impairment constitute a disability? (2) Does the impairment significantly limit a major life activity? (3) Is the student qualified for a program or activity without reasonable accommodations?
Generally, a student is disabled if they have a mental or physical deficiency that substantially limits one or more major life activity. A physical deficiency or condition can include a cosmetic disfigurement or an anatomical loss. A mental impairment includes any psychological or mental disorder.
Examples of physical and mental impairments that qualify are:
- ADHD • Anxiety • Multiple Personality Disorder
- Bipolar Disorder • Depression • Hearing Impairment
- Schizoaffective Disorder • Multiple Sclerosis
An important detail to note: impairment is not sufficient to qualify as a disability; the impairment must also limit a major life activity. Major life activities involve seeing, hearing, walking, manual tasks, and personal care. Whether or not impairment limits a major life activity must be deliberated without consideration of mitigating measures, except corrective lenses. Mitigating measures include, but are not limited to, hearing aids, medication, prosthetic devices, and mobility devices.
In addition, even if a student’s disability has been acknowledged, a request may not qualify if it requires significant altercations to the core education program. According to the publication, School Defenses to Common Lawsuits, “It is the schools responsibility to provide reasonable accommodations on an individualized basis unless the accommodation imposes an undue burden on the school’s programs.”
If your child has been excluded, either intentionally or unintentionally, from participating in school activities or from receiving equal opportunities because of their disability, the Arizona school injury lawyers at JacksonWhite will stand by your side and fight to protect the wellbeing of your child. If your child has received inadequate attention or accommodation in the classroom, their school is deliberately rejecting the standards put in place by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, which both state that educators have a legal responsibility to provide special services and accommodations to disabled students who need them. If your child has been denied the specialized attention that they qualify for because of a disability, an Arizona school discrimination lawyer can help your child get the educational assistance they deserve.
The school injury attorneys at JacksonWhite have the experience and understanding to protect your child from discrimination. Our negligence lawyers will work to see that your child is socially included and appropriately challenged to the best of their abilities, while receiving the help and attention that they require. At JacksonWhite, we believe that students with disabilities have the right to reach their personal and academic potential, and should be given the same opportunities available to all students.
Students with Special Needs
Students with special needs often require specialized education, with both physical and mental altercations. These altercations are described in the students’ Individualized Education Plans (IEPs or 504 Plans); these plans must be followed by the school districts. If your child’s IEP is not being followed by their appointed educator, the Arizona school negligence attorneys at JacksonWhite can help you protect your child’s rights. All students are owed the same opportunity of an education, and any disruption of that education is unlawful. A school injury lawyer can assist you in obtaining justice against school districts and employees who disrespect students and their families by disregarding essential IEPs.
All students are entitled to an educational environment free from verbal, physical, and sexual harassment or discrimination. Schools, universities, and other educational facilities have a legal responsibility to protect students from such atrocities, and failure to do so is considered negligence. Discrimination based on race, national origin, religious affiliation, sexual origination, gender, or mental or physical disability is an unacceptable occurrence in a school setting, and it is the responsibility of school officials to protect students from such behavior. The Arizona school negligence lawyers at JacksonWhite have experience successfully representing students and their families who have been victims of discrimination and harassment.
It may be difficult to know when your child has been subject to unlawful acts of discrimination or harassment at their school, university, or other educational facility. You and your family should ask yourselves the following questions:
- Has your child been sexually harassed while at school?
- Has your child been denied admission to a school based on their gender, race, religion, sexual orientation, or disability?
- Has a school employee or student retaliated against you or your child because you testified, assisted in, or participated in a discrimination complaint proceeding?
If you answered yes to one or more of those questions, it is imperative that you contact an Arizona school injury attorney to protect the rights of your child and your family. You may be eligible to receive monetary compensation for emotional distress, attorney fees, medical expenses, and punitive damages. Our school negligence lawyers can help you get justice for the unmerited and discriminatory actions of any university, school, or other education institution.
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