Trying to determine if my reasonable accommodation request was wrongfully denied.

[MarieJ55]

I have a documented disability on file with my college. I was unable to take my Rx medication for my disability due to an injury and being placed on medication r/t injury. Up until this occurred I was getting a high B in my nursing class. I failed my next test due to being impaired by the new prescriptions I was taking. I told my instructor what was going on with the medication. I stopped taking the pain meds I was on in an attempt to pass the last exam. I received a 78% on that test while still not on the meds for my disability. I ended up "failing" the class by 2 points because of those 2 test scores. The program I'm in considers less than 80% a failing grade.

I talked to the disability coordinator and she advised me to request an "Incomplete" grade for the class and the chance to make up the points or re-take an exam once my medication became regulated. I met with my teachers and asked if I could be granted this accommodation.
It seemed like a reasonable request and didn't alter or change the integrity or core values of the program.

She left and spoke with the Director of Nursing and was gone about a half hour. She came back and basically said that since they didn't have a rule for OR against this type of situation they were was saying no to my request. But she then said that the Director of Nursing told her to give me an administrative withdrawal instead of a failing 79% (D) grade.
She never gave me the chance to refuse or say that I wanted the failing grade. Receiving the withdrawal ended up negatively affecting my financial aid since the withdrawal made it seem like I never took the class and dropped me below the credit hour requirements necessary to receive the FA.

I just want to know if there is any legal way to handle/resolve this situation because I feel like I was unfairly treated and not given an equal opportunity.

I wasn't asking for an exception I was asking for an equal chance at successfully completing the program.

Misc Info: I live in IL and I was in my final semester of the Nursing Program with only 8 weeks left. My clinical instructor was shocked that I wasn't able to re-take the exam. I passed the class that she taught this semester with an A before I got injured and couldn't take my medicine. I also met with the Director of Nursing and before she'll let me back in the program she wants a doctor's note stating that my medication is under control... Is that allowed?

Thanks so much in advance for any help or advice. I greatly appreciate it.

 

[tranquility]

What is your disability? What is the medication you were taking for the disability? How were you injured?

Answer the above and you might get a better answer. To me, a disability is not a temporary situation because of an injury. And, reasonable accommodations tend to be asked for ahead of time and not after a failure.

I think you may get either the money and a bad grade or no grade and be out the money.

 

[ecmst12]

Regardless of the financial issue, the W will be MUCH better for your chances of completing the program successfully in the future.

 

[MarieJ55]

What is your disability? What is the medication you were taking for the disability? How were you injured?

Answer the above and you might get a better answer. To me, a disability is not a temporary situation because of an injury. And, reasonable accommodations tend to be asked for ahead of time and not after a failure.

I think you may get either the money and a bad grade or no grade and be out the money.

The disability that I have on file is a Learning Disability.

I was unable to take the medication for my LD because I was on various opiod pain medication as well as Zofran that completely affected my cognition. The injury is not related to the disability. The injury resulted from a serious fall that ruptured a disc in my back.
The only reason I took the tests in my impaired state is because my teacher kept emailing me about taking the test and made it seem that if I didn't take it by the end of that week I wouldn't be able to take it at all.

One of the accommodations I have on file is that I take my exams in a private quiet room in the school's testing center. When I went to take one of the tests it wasn't available. I found at later the person that went to drop it off ending up leaving it in somebody's office because the testing center hadn't opened yet.

I had to go find my teacher in a whole different building and she had me take it in a room that's known as the "Jet Engine" room. It's right next to the building's maintenance room which holds the boiler, furnace, etc and is extremely loud. After 30 minutes of being in there and not being able to hear myself think I left the room and asked to take the test someplace else. That place ended up being in an office with a lady making phone calls, typing, and listening to music.
Needless to say I was completely distracted and irritated by the whole situation and environment.

The Disability Coordinator has had students in similar situations and instructors have allowed them to take make-up exams and/or do projects. So it's not like I was the first student to request this type of accommodation. Just the first student to request it in the Nursing program.

Like I said before I wasn't asking for an exception just an equal opportunity to be successful.

Thank you though for your input.

 

[MarieJ55]

Oh and sorry I forgot to add that I had paperwork from my doctor requesting that I be allowed a week to get back on my normal medication and regulate it. Then re-take an exam or do a project to replace one of the failing grades I received. My grades prior clearly showed a correlation between my learning disability being controlled with medication versus being un-medicated.

 

[ecmst12]

I don't think your request to retake tests after the semester ended was reasonable. And the injury, being temporary, wouldn't qualify under the ADA; that law is for permanent conditions.

 

[MarieJ55]

Regardless of the financial issue, the W will be MUCH better for your chances of completing the program successfully in the future.

Thank you and I do agree with you. It just felt like all that hard work, hours studying, community projects, care plans, time, etc was for nothing.
And to be so close to finishing and having 3 job offers lined up was just devastating. Especially when it came down to 2 points and having gotten an A in my other nursing class.

But life happened. I know I'll be successful in the future... I just wish that I was allowed to be successful the first time.

 

[MarieJ55]

I don't think your request to retake tests after the semester ended was reasonable. And the injury, being temporary, wouldn't qualify under the ADA; that law is for permanent conditions.

The semester hadn't ended.

The injury again is NOT the disability I have on file.
I have a learning disability. Which is permanent... unfortunately.
But controlled and helped by medication.

Sorry my previous post must be confusing because now I'm confused why it seems like I'm saying my injury is my disability.

 

[ecmst12]

I just wish that I was allowed to be successful the first time.

Once you get your license no one will know or care that you had to repeat a semester.

 

[tranquility]

It seems you seek accommodations due to injury. While you can argue it was due to disability, this issue only arose when you changed your behavior due to a choice required by the injury.

If they did not follow previously agreed to accommodations for this program, you have a great case. If not, I think you don't. If the accommodations were for other classes and you didn't get the agreement from the program, I'm thinking you don't have a case, but am not as confident.