Can I sue for negleletion of my disability accommodations?

[student1]

I am a sophomore in college who suffers from ADD, Discraphia, and Dyslexia. I have legal accommodations that allow me to type and or have a note taker in class and due to my ADD I also have the accommodation to sit in the front of the class room to focus better. One of my teachers has been refusing to let me sit in the front and type and when I confronted her about it she would not budge even with the accommodation letters in hand. I talked to the Office of Disability Resources at my school and was able to get the accommodation of a note taker, yet she has not found one for me. Would I be able to take legal action against either this teacher or my public university? Thanks!

 

[sandyclaus]

I am a sophomore in college who suffers from ADD, Discraphia, and Dyslexia. I have legal accommodations that allow me to type and or have a note taker in class and due to my ADD I also have the accommodation to sit in the front of the class room to focus better. One of my teachers has been refusing to let me sit in the front and type and when I confronted her about it she would not budge even with the accommodation letters in hand. I talked to the Office of Disability Resources at my school and was able to get the accommodation of a note taker, yet she has not found one for me. Would I be able to take legal action against either this teacher or my public university? Thanks!

It's YOUR accommodation. Why is the school required to do everything for you?

Find your OWN note taker.

 

[stealth2]

I suspect it is not the professor's responsibility to find you a note-taker - that is most likely YOUR job. Or the Office of Disability Resources' responsibility. But probably not the professor's.

 

[I'mTheFather]

The university should be working with you to provide a note taker, as it is responsible for making sure the accommodation is made. It's a little premature to think about legal action. Go back to the Disability Resources office and let them know you still do not have a note taker.

 

[I'mTheFather]

It's YOUR accommodation. Why is the school required to do everything for you?

Find your OWN note taker.

Why so rude??

 

[Zigner]

Why so rude??

The response may have been...gruff, but the content of the response was spot-on. It's not the prof's responsibility to find a note-taker for the OP.

Of course, with the information given, the one correct response would be: Sorry, this forum is for US law only.

 

[I'mTheFather]

The response may have been...gruff, but the content of the response was spot-on. It's not the prof's responsibility to find a note-taker for the OP.

Actually, it was not spot-on. She said the university is not responsible and that OP has to find his own note taker. There's plenty of case law that says otherwise.

Of course, with the information given, the one correct response would be: Sorry, this forum is for US law only.

Can't argue with that!

 

[FlyingRon]

Actually, it was not spot-on. She said the university is not responsible and that OP has to find his own note taker. There's plenty of case law that says otherwise.

Can't argue with that!

While they need to provide something, a "note-taker" isn't necessary the accommodation that can be provided (in fact, the statute and guidance doesn't even talk about note-takers." If a reasonable accommodation is a tape recorder, then that's all they need to provide. They don't need to just provide anything a student alleges they need for their accommodation.

Getting back to the original question. You are going to have any lawsuit dismissed before it is even heard if you don't avail yourself of the proper procedures.

The first is to contact the ADA/504 coordinator which all schools are obliged to have (and was already suggested earlier in this thread). If the coordinator can't either arrange the accommodation or correct the misconception the professor is operating under, then you can file an grievance with them to escalate.

Then, you have two options (you may indeed do both). You can file a complaint with the US Dept. of Ed's civil rights office. The other is that you can file a federal lawsuit asking for injunctive relief (it's unlikely you're going to get money out of this. You have not hit the lawsuit lottery ticket here). Damages are only award in the case of substantial and intentional discrimination.

 

[I'mTheFather]

While they need to provide something, a "note-taker" isn't necessary the accommodation that can be provided (in fact, the statute and guidance doesn't even talk about note-takers." If a reasonable accommodation is a tape recorder, then that's all they need to provide. They don't need to just provide anything a student alleges they need for their accommodation.

Getting back to the original question. You are going to have any lawsuit dismissed before it is even heard if you don't avail yourself of the proper procedures.

The first is to contact the ADA/504 coordinator which all schools are obliged to have (and was already suggested earlier in this thread). If the coordinator can't either arrange the accommodation or correct the misconception the professor is operating under, then you can file an grievance with them to escalate.

Then, you have two options (you may indeed do both). You can file a complaint with the US Dept. of Ed's civil rights office. The other is that you can file a federal lawsuit asking for injunctive relief (it's unlikely you're going to get money out of this. You have not hit the lawsuit lottery ticket here). Damages are only award in the case of substantial and intentional discrimination.

The school has already agreed to a note taker. That point is moot.

 

[student1]

I am sorry if I left out some of the details but let me explain. Is it not discrimination to make the kid who types sit in the back of the class room where he cant pay attention just because he has a laptop computer? And if it is my responsibility to find the note taker than why did my school tell me that I should give the form to the teacher and she will find the student who has the best handwriting to help me take notes?

 

[student1]

It's YOUR accommodation. Why is the school required to do everything for you?

Find your OWN note taker.

Sandy,

I tried to do things myself. I simply sat down pulled out a laptop computer and started taking notes and she got mad at me and made me put it away. I pay over 20 grand a year to come to this school so it IS her job to accommodate me.

 

[Zigner]

student -

What state are you in?

 

[student1]

student -

What state are you in?

I live and go to school in Virginia

 

[Proserpina]

I am sorry if I left out some of the details but let me explain. Is it not discrimination to make the kid who types sit in the back of the class room where he cant pay attention just because he has a laptop computer? And if it is my responsibility to find the note taker than why did my school tell me that I should give the form to the teacher and she will find the student who has the best handwriting to help me take notes?

Couple of things.

1. Most discrimination is legal.

2. If it IS the responsibility of the school, that responsibility only goes as far as what is "reasonable". They absolutely do not have to cater to every whim or suggestion.

 

[student1]

Couple of things.

1. Most discrimination is legal.

2. If it IS the responsibility of the school, that responsibility only goes as far as what is "reasonable". They absolutely do not have to cater to every whim or suggestion.

What is defined as "reasonable" though? I'm not asking for any special treatment, any and everyone else is allowed to sit up front of the class room yet because of my accommodation I am not allowed to. If I have to choose either to sit in the back and type so that I can actually read my notes or sit in the front and hand write and not be able to read my notes later I am going to fail the class. I am trying hard to get through school and have talked to the teacher about reaching an agreement with a note taker yet she refuses to budge. Her not allowing me to sit near the front and type is hurting my academic progress and I have no way of correcting this.