reasonable accommodation for finals?

[lawstud]

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

If I have a disability as defined by the ADA (Americans with Disabilities Act) would reasonable accommodation include spacing my finals apart, rather than giving me more time? Right now they are all within 2 days. I want them spaced over the 2 weeks of finals.

 

[cyjeff]

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

If I have a disability as defined by the ADA (Americans with Disabilities Act) would reasonable accommodation include spacing my finals apart, rather than giving me more time? Right now they are all within 2 days. I want them spaced over the 2 weeks of finals.

First, you have validation from the ADA as to your disability... not all disabilities are ADA'able and not all diseases are disabilities "across the board".

The only exception is HIV/AIDS... but that doesn't qualify as needed a longer finals period.

I am very curious... what disability do you have that requires your professors to give their finals according to your schedule?

 

[You Are Guilty]

I think it would be highly unlikely that giving you X more days to study and take finals would be considered "reasonable" when you can simply get more time to take each one. But it never hurts to ask.

 

[Ohiogal]

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

If I have a disability as defined by the ADA (Americans with Disabilities Act) would reasonable accommodation include spacing my finals apart, rather than giving me more time? Right now they are all within 2 days. I want them spaced over the 2 weeks of finals.

What disability do you have? Why do you need your finals spaced over 2 weeks?

Do you expect to get extra time to prepare briefs as well if you have six briefs due at the same time?

 

[Perky]

What accommodations have been provided for you in the coursework so far?

 

[stealth2]

I am very curious... what disability do you have that requires your professors to give their finals according to your schedule?

Based on some of his other posts, he needs to sober up between exams.

 

[cbg]

In any case, what is and is not considered a reasonable accomodation is determined by what the disability is and how it affects the specific individual. There is no possible way to say what would be considered a reasonable accomodation without knowing this.

EVEN IF an accomodation is required, which has not been established yet, that doesn't mean that you get to decide what accomodation the school must give you. Just because you want to space your finals over two weeks doesn't mean the school has to allow it.

And, having read your previous posts, I'm going to reiterate what I told you before; current drug and alcohol use is NOT considered a disability and does NOT need to be accomodated.

 

[lawstud]

current drug and alcohol use is NOT considered a disability and does NOT need to be accomodated.

You're assuming I'm talking about this. What if I had dyslexia or ADHD? You don't know that.

Besides who said anything about current use? I'd be covered by the ADA [42 U.S.C.S. § 12114(b)(2) (LexisNexus 2008)] Also Federal Rehabilitation Act would apply and that law covers "qualified individuals" with a disability [29 U.S.C. § 706(8)(C)(i)].

I'm asking if anyone has ever heard of this because just getting more time for the finals will not help. The finals are several hours so adding more time would only mean having them moved to another day.

According to California Law I'd request the accommodation and begin the interactive process to determine what reasonable accommodation if any can be provided. I can make suggestions.

Do you expect to get extra time to prepare briefs as well if you have six briefs due at the same time?"

Do you also make fun of physically handicapped clients?

what disability do you have that requires your professors to give their finals according to your schedule?

A disability as defined by the ADA. There are plenty of students who get extended time because of disabilities and thus take the exam on their schedule. Don't like the law then talk to the legislature. Question was about having it on another day and if anyone has experience in that. FYI. Professors don't schedule the finals the school administration does.

 

[lealea1005]

If you have/had a disability defined by the ADA, then I would expect that you registered with your University's Disability Support Services Department, at the time you enrolled, so accommodations would have been addressed. Certainly, there have been previous exams and finals you were required to finish.

 

[cbg]

I'm not assuming anything. Since you had not come back with additional information, I went by the information you had previously provided.

Not all disabilities need the same accomodations. It's not enough to say, "oh, I have a disability, you have to give me the exam schedule I want". The accomodation you are requesting, and you REQUEST it, you do not ORDER it, needs to be appropriate to the disability. If you are talking about drug or alcohol use and it is NOT current, then you are protected in terms of their not being able to expell you because of prior use but past use of a controlled substance does not require them to modify your exam schedule.

Instead of talking in riddles trying to manipulate people into giving you the answer you want, why don't you come straight out and tell us what the disability is and why it requires that you get to choose your own schedule. Otherwise, you're wasting everyone's time, including your own.

 

[cyjeff]

I'm not assuming anything. Since you had not come back with additional information, I went by the information you had previously provided.

Not all disabilities need the same accomodations. It's not enough to say, "oh, I have a disability, you have to give me the exam schedule I want". The accomodation you are requesting, and you REQUEST it, you do not ORDER it, needs to be appropriate to the disability. If you are talking about drug or alcohol use and it is NOT current, then you are protected in terms of their not being able to expell you because of prior use but past use of a controlled substance does not require them to modify your exam schedule.

Instead of talking in riddles trying to manipulate people into giving you the answer you want, why don't you come straight out and tell us what the disability is and why it requires that you get to choose your own schedule. Otherwise, you're wasting everyone's time, including your own.

Agreed.

You do not get to TELL them what a reasonable accommodation may be.

Let's go a different way to illustrate the point. Law Student "Abby" is a paraplegic and navigates the world in her wheelchair. She has validated her disability with the ADA and the school.

Would part of a reasonable accommodation be to give her an extra two weeks for finals? Of course not. One has nothing to do with the other.... UNLESS the tests were giving across campus and transportation for her would make it impossible for her to get from point A to B in the time allotted.

HOWEVER, she would STILL not get two weeks.... maybe an extra couple of hours... tops.

Lastly, get off your damn high horse. "Do you treat your disabled clients that way" is a question DESIGNED to inflict guilt and to project the person on the other side of the debate into an "I'm sorry" mode.

That won't fly here. You want to be taken seriously as an attorney, you better learn to debate your cases on something more significant than "find for my client because I am disabled".

A disability, by the way, that you haven't even proven qualifies for the accommodation you want.

 

[You Are Guilty]

A disability, by the way, that you haven't even proven qualifies for the accommodation you want.

Abject stupidity might qualify under the ADA, so I think he has a shot here.

 

[lawstud]

Agreed.
Lastly, get off your damn high horse. "Do you treat your disabled clients that way" is a question DESIGNED to inflict guilt and to project the person on the other side of the debate into an "I'm sorry" mode..

Do you expect to get extra time to prepare briefs as well if you have six briefs due at the same time?"

Hey, I was giving it like I was receiving it.

Disability is ADD. I hadn't brought it up before with my school because with medication then I thought it didn't matter since I read case law in other states that with medication its not a disability anymore. But I recently came across California ADA law which is stronger and protects people even though they do have medication. Those people are to be accommodated as though they were not on medication according to California ADA law.

I would require a different exam schedule because with all the exams packed into two days since I need more time for the exams I'd have to have different days to take them on because the exams would conflict with each other. I figure then if they have to be moved to another day they are just put a few days later rather than on top of each other.

Past alcohol use is, basically from what I know, only accommodated with therapy and time off to do it.

Punishment of off-Campus use of alcohol would be an invasion of privacy in California.

 

[cyjeff]

Hey, I was giving it like I was receiving it.

Disability is ADD. I hadn't brought it up before with my school because with medication then I thought it didn't matter since I read case law in other states that with medication its not a disability anymore.

And, we are done.

They are not responsible for a disability they know nothing about.

But I recently came across California ADA law which is stronger and protects people even though they do have medication. Those people are to be accommodated as though they were not on medication according to California ADA law.

I am sure you meant to add "in some cases".

I would require a different exam schedule because with all the exams packed into two days since I need more time for the exams I'd have to have different days to take them on because the exams would conflict with each other. I figure then if they have to be moved to another day they are just put a few days later rather than on top of each other.

a) why do you need more time?
b) why do you need two WEEKS of more time?

Past alcohol use is, basically from what I know, only accommodated with therapy and time off to do it.

Punishment of off-Campus use of alcohol would be an invasion of privacy in California.

Please state statute and/or case law, please.

 

[lawstud]

a) why do you need more time?
b) why do you need two WEEKS of more time?

Not 2 more weeks for finals. The finals are just during the "finals weeks." I would actually like to take 2 of them sooner.