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  1. #1
    Crystal Rose's Avatar
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    Contacting an attorney about the college's refusal to be in ordinance with...

    ...disabled student legal rights? The person who is the chairman of the disabled students center at the college said that if a teacher does not allow a student who is in the disabled students program to take a test in the accommodated disabled testing center, then that it is illegal.
    However, at school the chemistry teacher refused to let me test in the accommodated testing center by having me test in the regular classroom for a full hour, and then she said that I could have my remaining time, less the hour I spent in class taking my test , to then be allowed to take my test in the accommodated testing center.
    Also the math teacher said that if I took my test in the accommodated testing center for disabled students that I'd be punished by not being allowed to come to part of the lecture.
    These things did hurt my grades, and well being, additionally I was bullied and forced to work alone during labs while everyone else worked together and refused to work with me. So I was forced to do 100% of the project alone, while everyone else did only 30% or 50% because they worked with a partner. I was wondering if contacting an attorney is in question at all? I also do not know what kind of attorney would be the best to contact?

  2. #2
    JMITW's Avatar
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    are you in the US,

    you file a complaint with the department of justice.

    i filed about 15 months ago, and haven't even gotten a form letter...don't expect anything.


    then you scrounge up a minimum of $5000 to hire a lawyer---you may have to pay more quickly once that runs out.

    the disability services office should be handling this...have you tried contacting the department heads and school president/dean?

    most lawyers don't handle this type of case, civil rights lawyers handle employment discrimination and police brutality, even though this is also a civil rights issue......the lawyers 'aren't interested'

    you can consider an education lawyer--although they primarily deal with public K-12 schools.

  3. #3
    You are acting prematurely. First write a letter detailing what happened. ( Try to be more concise and clearer than you were in this post.) Send it the Chair of the Disability Studies Center, the Chair of the Mathematics and the Chemistry departments, the President of the college, and the chair of the board of directors for the college. Than give them some time to respond.

  4. #4
    Gypsy's Avatar
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    The type of lawyer would be Civil Rights Attorney

    The Link: http://www.pacer.org/publications/adaqa/504.asp

    The copy-n-paste that is applicable to your question

    -------------------------------
    Q. Are schools required to make testing accommodations for students with disabilities?

    A. Yes. Schools must establish a process for making their tests accessible to people with disabilities. Schools can do this by providing appropriate accommodations to students with disabilities. Remember, each student's needs are individual, but examples of accommodations include allowing a student extended time to complete a test or providing a distraction-free space, sign language interpreters, readers, or alternative test formats. [Note: Testing accommodations are also required of agencies which administer college entrance exams, the agencies or businesses that administer licensure and certification tests that establish one's professional credentials such as bar exams, etc., and the businesses that offer classes to help individuals prepare to take these exams.]

    Q. What is the purpose of testing accommodations?

    A. The purpose of providing testing accommodations is to enable individuals with disabilities to demonstrate their mastery of the subject matter being tested not to provide lesser academic or professional standards for people with disabilities. Accommodations may affect how a test is taken, but not what it measures.

    Q. What should I do if my instructor refuses or neglects to make the accommodations I requested?

    A. Sometimes individual instructors are not familiar with the requirements of ADA or Section 504, or the purpose of accommodating students with disabilities. It is not unusual to encounter instructors who feel classroom or testing accommodations give students with disabilities an unfair advantage over other students. It is a school's responsibility, however, to educate their faculty about the purpose of accommodations and their legal obligations, and to assist them with the logistics of providing accommodations. Many postsecondary schools have an Office of Services for Students with Disabilities that serves as a liaison between students and faculty, and can advocate for reasonable accommodations. If your school does not have such an office, government-funded programs are required by law to have an ADA/504 Coordinator. You can contact this person at your school to get help to resolve the situation or file an internal complaint if necessary.

    Q. What if informal attempts to resolve the problem are unsuccessful?

    A. If your situation cannot be resolved informally, you can follow an institution's internal grievance procedure. All government-funded educational institutions are required to have an internal grievance procedure. You also have the right to file an ADA or 504 complaint with the Office of Civil Rights (OCR) of the U.S. Department of Education. You have only 180 days after the date of a discriminatory action to file a complaint. Such complaints can take considerable time for the OCR to investigate. You may opt to file a private lawsuit in federal court. If you are successful in your suit, the ADA provides for "injunctive relief" (this means providing the access that was denied or not provided) and attorney's fees. Damages are generally not available unless it can be established that the discrimination was intentional.

 

 

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