Educational Discrimination/ Improper Handling

[gamp]

What is the name of your state (only U.S. law)? HI


My nephew was a senior in high school who suffered a medical related condition that affected his ability to attend school when the pain really kicked in.
He was having a little trouble keeping up with his classes (and attending school) even after letting the teachers know about the medical condition. His mother talked to his counselor to ask for any help they could provide in the classroom but nothing was set in place to help him.

As a result of this, my nephew dropped a few courses and opted to do a part time schedule to protect his GPA (he was in danger of failing a few classes). He still had two courses in advanced placement – this still required a significant amount of work to be done even though his course load was dropped to 1/3 of his original course load.

In the courses he had left, the teachers were still a bit uncooperative in providing some leeway or help for him despite providing a doctors paper that explained his medical condition. Grades were steady and still received grades he was not used to.

When second semester started, the principal and counselor decide to have a meeting with his parents. Although my nephew was invited, he could not attend that meeting because he had another episode of pain on that day and was under heavy medication.

At the meeting, the principal decides to take him out of one of his classes because [they cited] he was in danger of failing. After calculations, we were shocked to find that he could still pass the class if they left him in. (they thought he was going to fail the year course)
They then forced him to do a computer based course that my nephew cites as “being a joke” because he finished the online course that is supposed to cover one semester worth of work - in only a couple weeks.

He feels that he was discriminated that he was taken out because of his medical condition.

We found out later on that the teacher teaching the course wanted him out of the class because of his constant absences and not being able to attend. When we confronted the Principal he seemed to keep changing his story. When we mention that my nephew felt he was discriminated, he basically cited that he [my nephew] has no reason to feel discriminated because he was invited to the meeting that the decision [of taking him out of the class] was discussed but declined to attend. How can he attend if he was not able to? Nephew also felt that he should have been included in the discussion.

Mind you, the policy for getting out of an AP course at this school was not that easy. The teacher is supposed to encourage the student to stay in the class. I t does not matter whether or not a student is failing or any other reason…

The decision that was made by the teacher and principal left a few marks on his transcript that he is not happy with. After trying to talk it over a couple times with the principal and teacher, the principal and teacher told my nephew to quit talking about it or else they’d “bring him in for harassment”. The principal also threatened him that if he slanders [to the DOE] her or any of her employees, she [the principal] will also take him in.

At the end, when my nephew was all better, the school officials decide to evaluate him for rights under 504… this evaluation would lead to the decline of being eligible [as expected, because he was no longer experiencing any pain]. Wasn’t this evaluation long overdue?

We are considering contacting the DOE for help with this but don’t expect anything that will be done. Nephew believes that they failed to make proper accommodations for him which led to all these avoidable events that could have simply been avoided had the school officials acted sooner to protect his rights as a temporary disabled student [as they identified him after a few months of attending school on and off]…

As his aunt, I personally feel the idea to evaluate him after his medical condition subsides was a way to dodge any laws just in case there are any disputes. Were they trying to cover anything up by evaluating this late in the process? That does not look right to me...

Any advice?

 

[justalayman]

where are his parents? Why aren't they here asking about this?

At the meeting, the principal decides to take him out of one of his classes because [they cited] he was in danger of failing.

and his parents objected to this or agreed? It's not like the principal simply sent a note to the kid and said they were changing his schedule. The principal had the meeting with the parents, where you state the decision to alter his schedule was made.

this is from the DOE concerning the 504 plan and temporary disability:

34. How should a recipient school district view a temporary impairment?

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not “regarded as” an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

so, how long was he disabled? and in the initial stages of the disability, what was the prognosis as far as length of disability?

 

[Just Blue]

What is the name of your state (only U.S. law)? HI


My nephew was a senior in high school who suffered a medical related condition that affected his ability to attend school when the pain really kicked in.
He was having a little trouble keeping up with his classes (and attending school) even after letting the teachers know about the medical condition. His mother talked to his counselor to ask for any help they could provide in the classroom but nothing was set in place to help him.

As a result of this, my nephew dropped a few courses and opted to do a part time schedule to protect his GPA (he was in danger of failing a few classes). He still had two courses in advanced placement – this still required a significant amount of work to be done even though his course load was dropped to 1/3 of his original course load.

In the courses he had left, the teachers were still a bit uncooperative in providing some leeway or help for him despite providing a doctors paper that explained his medical condition. Grades were steady and still received grades he was not used to.

When second semester started, the principal and counselor decide to have a meeting with his parents. Although my nephew was invited, he could not attend that meeting because he had another episode of pain on that day and was under heavy medication.

At the meeting, the principal decides to take him out of one of his classes because [they cited] he was in danger of failing. After calculations, we were shocked to find that he could still pass the class if they left him in. (they thought he was going to fail the year course)
They then forced him to do a computer based course that my nephew cites as “being a joke” because he finished the online course that is supposed to cover one semester worth of work - in only a couple weeks.

He feels that he was discriminated that he was taken out because of his medical condition.

We found out later on that the teacher teaching the course wanted him out of the class because of his constant absences and not being able to attend. When we confronted the Principal he seemed to keep changing his story. When we mention that my nephew felt he was discriminated, he basically cited that he [my nephew] has no reason to feel discriminated because he was invited to the meeting that the decision [of taking him out of the class] was discussed but declined to attend. How can he attend if he was not able to? Nephew also felt that he should have been included in the discussion.

Mind you, the policy for getting out of an AP course at this school was not that easy. The teacher is supposed to encourage the student to stay in the class. I t does not matter whether or not a student is failing or any other reason…

The decision that was made by the teacher and principal left a few marks on his transcript that he is not happy with. After trying to talk it over a couple times with the principal and teacher, the principal and teacher told my nephew to quit talking about it or else they’d “bring him in for harassment”. The principal also threatened him that if he slanders [to the DOE] her or any of her employees, she [the principal] will also take him in.

At the end, when my nephew was all better, the school officials decide to evaluate him for rights under 504… this evaluation would lead to the decline of being eligible [as expected, because he was no longer experiencing any pain]. Wasn’t this evaluation long overdue?

We are considering contacting the DOE for help with this but don’t expect anything that will be done. Nephew believes that they failed to make proper accommodations for him which led to all these avoidable events that could have simply been avoided had the school officials acted sooner to protect his rights as a temporary disabled student [as they identified him after a few months of attending school on and off]…

As his aunt, I personally feel the idea to evaluate him after his medical condition subsides was a way to dodge any laws just in case there are any disputes. Were they trying to cover anything up by evaluating this late in the process? That does not look right to me...

Any advice?

Is there a GOOD reason that either of the LEGAL parties can not post for themselves? Do the LEGAL PARTIES know that you are posting on the net with THEIR LEGAL ISSUE?

 

[gamp]

Parents have a difficult time understanding and aren’t the type of parents that are educated about their rights. This incident is holding my nephew back and is affecting him emotionally. His parents want to help but they simply don’t know how and have full support for my nephew but don’t know how to react. They have asked me to help figure out if incident is a case worth bringing up and have given me permission to ask around. Both parents also do not know how to use the computer so I thought I’d help them out by asking online for any advice before we decide to proceed.

Both parents did not understand much what was going on at the meeting and claims the school officials just went on. His parents are not involved in his education much (they were uneducated themselves). They simply left everything school related to my nephew and had no clue what the school officials were talking about at the meeting. His mom explained that the principal stated what needed to be done and they [parents] had no control over it. Nephew was 18 at the time the meeting took place [if that matters at all].

What was stated on the doctor’s note was that his condition was “ongoing”. There was no specific time frame for his particular condition; the doctor said the frequent pain he encountered is dependent on each individual and could last anywhere from just a few months to even a whole year or an ongoing problem that could affect him in college and beyond. He will need to go to the doctor once a year from now on, as a result, to make sure that nothing is wrong. Nephew encountered ongoing pain for at least 8 months.

In regards to 504, when he was failing some classes and just before he dropped 2/3 of his schedule, shouldn’t they have evaluated him then to make necessary adjustments in class?

Counselor explained to nephew [after asking him more about 504] and he [the counselor] explained that they’ve had students with 504 plans who have broken their arms and couldn’t write for a few months. Something like that, I assume is less minor than having pain and being under heavy medication. How were these particular students eligible for 504? I assume it was because they evaluated those students from early on.

Nephew was also given the impression that his case was not serious. According to my nephew, the principal compared his case to students receiving chemotherapy. To quote what the Principal told him; “we have students out there receiving chemotherapy” and basically told him to stop complaining and be happy that he was allowed to graduate. At one point, a teacher even accused him of ditching school /faking any pain [despite the papers provided by the doctor] and explanation from my nephew.

 

[I'mTheFather]

Parents have a difficult time understanding and aren’t the type of parents that are educated about their rights. This incident is holding my nephew back and is affecting him emotionally. His parents want to help but they simply don’t know how and have full support for my nephew but don’t know how to react. They have asked me to help figure out if incident is a case worth bringing up and have given me permission to ask around. Both parents also do not know how to use the computer so I thought I’d help them out by asking online for any advice before we decide to proceed.

Both parents did not understand much what was going on at the meeting and claims the school officials just went on. His parents are not involved in his education much (they were uneducated themselves). They simply left everything school related to my nephew and had no clue what the school officials were talking about at the meeting. His mom explained that the principal stated what needed to be done and they [parents] had no control over it. Nephew was 18 at the time the meeting took place [if that matters at all].

What was stated on the doctor’s note was that his condition was “ongoing”. There was no specific time frame for his particular condition; the doctor said the frequent pain he encountered is dependent on each individual and could last anywhere from just a few months to even a whole year or an ongoing problem that could affect him in college and beyond. He will need to go to the doctor once a year from now on, as a result, to make sure that nothing is wrong. Nephew encountered ongoing pain for at least 8 months.

In regards to 504, when he was failing some classes and just before he dropped 2/3 of his schedule, shouldn’t they have evaluated him then to make necessary adjustments in class?

Counselor explained to nephew [after asking him more about 504] and he [the counselor] explained that they’ve had students with 504 plans who have broken their arms and couldn’t write for a few months. Something like that, I assume is less minor than having pain and being under heavy medication. How were these particular students eligible for 504? I assume it was because they evaluated those students from early on.

Nephew was also given the impression that his case was not serious. According to my nephew, the principal compared his case to students receiving chemotherapy. To quote what the Principal told him; “we have students out there receiving chemotherapy” and basically told him to stop complaining and be happy that he was allowed to graduate. At one point, a teacher even accused him of ditching school /faking any pain [despite the papers provided by the doctor] and explanation from my nephew.

Perhaps if you disclosed the reason for your nephew's pain, it would shed some light on this situation. Generally, a doctor's note does not automatically qualify one for a 504 plan.

 

[I'mTheFather]

You also said that they identified your nephew as disabled, but did not find him eligible for a 504. That's incongruous.

 

[I'mTheFather]

Actually, so many of your statements are contradictory.

Your nephew was concerned about maintaining his GPA, so he dropped some classes. Then he was removed from a class because he was in danger of failing, but he found out he could have passed. Perhaps the educators acted to protect his GPA. Simply passing a class could have negatively affected the GPA.

You said his grades were steady, but then you say he received grades he was not used to.

I think your adult nephew ought to come and post his story. Presumably, he knows how to operate a computer.

 

[Hot Topic]

This is a case of a relative thinking they know best and trying to take over for vague and questionable reasons.

What the relative thinks or feels is totally irrelevant. Applicable laws are all that matter.