Can I sue for negleletion of my disability accommodations?

[Just Blue]

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.

Is the "student1" actually typing and asking these questions...or someone else on his/her behalf?

 

[Ladyback1]

Your accommodation has to be reasonable, and it shouldn't infringe on the rights of others.

sitting the front of the class with a laptop going "clickety-clickety-clickety" is a distraction to others(including the instructor), and infringes on their right to get the most of the class.

Why can't you go old school? Sit in the front with a small tape recorder and record the lecture/class; transcribing any notes later?

Thus you are being accommodated, but not infringing on the rights of others.

ETA: or how about seeking out a classmate and make arrangements to utilize their notes?

 

[student1]

Is the "student1" actually typing and asking these questions...or someone else on his/her behalf?

Student1 is doing the typing. I am sorry I am only 20 years old and have no legal background but this is the first time I've had a teacher make it this hard for me to learn in his/her class room. I just want to learn and get out of college with a degree but because I can't even read my own notes I am falling behind in the class.

 

[I'mTheFather]

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!

I'm surprised by the resistance on this thread in light of the bolded statements.

By the way, I've attended many meetings in my job that require me to stay focused and take notes. Many of my colleagues use laptops to take notes. I've never been distracted by the "clickety-clickety-clickety" of their keyboards. And, while not ADD, I am easily distracted.

Such a small accommodation, and yet OP has tried to comply with the teacher's preference by going an alternate route. I don't think OP is at all unreasonable.

 

[student1]

Your accommodation has to be reasonable, and it shouldn't infringe on the rights of others.

sitting the front of the class with a laptop going "clickety-clickety-clickety" is a distraction to others(including the instructor), and infringes on their right to get the most of the class.

Why can't you go old school? Sit in the front with a small tape recorder and record the lecture/class; transcribing any notes later?

Thus you are being accommodated, but not infringing on the rights of others.

ETA: or how about seeking out a classmate and make arrangements to utilize their notes?

In this day in age who does not use a computer when doing school work or other daily functions? Everyone of my teachers uses a computer to teach us during the class including the one that is telling me not to use mine.

 

[I'mTheFather]

Student1, this is what you have to do:

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.

Forget about the lawsuit, and forget about arguing on this board. Just follow the advice above. Tomorrow.

 

[student1]

Student1, this is what you have to do:



Forget about the lawsuit, and forget about arguing on this board. Just follow the advice above. Tomorrow.

Ya I will. Thank you everyone for your inputs I will do my best to settle this. I am not the first student in my class to have this problem, as one student already dropped the class because of the same issue.

 

[tranquility]

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.

When looking back in my life, I realize I was "disabled" to a reasonable...Oh, look a butterfly...degree through my life. Because of other issues, I was recently diagnosed as such as an adult. Of course, I have made my own accommodations and compensations and, while somewhat profited from treatment, I choose to not continue as it no longer substantially affects basic life functions. I have come to recognize disability rights are civil rights and we must fight to educate those around us to understand that.

Until there is a court case on the specific facts, there is no clear answer of what a "reasonable" accommodation is. It is defined as:

"In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities."(3)There are three categories of "reasonable accommodations":

"(i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or

(ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or

(iii) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities."(4)

The key is an interactive process that provides:

a modification or adjustment [that] "seems reasonable on its face, i.e., ordinarily or in the run of cases;"(8) this means it is "reasonable" if it appears to be "feasible" or "plausible."(9)An accommodation also must be effective in meeting the needs of the individual.

Without causing an "undue hardship" on the employer/target.

All that being said, I suspect it is not the clackity-clackity, but the screen that is the problem to the teacher. As well, it is a loss of control as some professors are not allowing computers in the classroom at all for a number of pedagogicall reasons. But, if the clackity-clackity or the screen, maybe Dragon would help. It would not organize the notes to make it easier on the student, but it would give a written representation of all said the student can go over at his leisure to organize in a way to make sense to him.

Otherwise, I think the step still in process is the interactive process. We are way too early for a lawsuit and, besides, it could put the student back years before any satisfaction is done. Work with the school. There seems like there could be many ways to satisfy all parties here and the school is not going to fight too hard about things that is not going to cost them too much.

 

[Ladyback1]

I'm surprised by the resistance on this thread in light of the bolded statements.

By the way, I've attended many meetings in my job that require me to stay focused and take notes. Many of my colleagues use laptops to take notes. I've never been distracted by the "clickety-clickety-clickety" of their keyboards. And, while not ADD, I am easily distracted.

Such a small accommodation, and yet OP has tried to comply with the teacher's preference by going an alternate route. I don't think OP is at all unreasonable.

I don't think the OP is unreasonable in wanting an accommodation. But, accommodations can, and do come in all different styles. Sometimes, if you get focused on one specific thing (tunnel vision), you can't see any other solution. There may be other solutions than using the laptop at the front of the classroom.

*shrug*
I do support reasonable accommodations for those who have disabilities. But, everyone's idea of "reasonable" is going to vary a bit.

 

[csi7]

I suspect that the best way to improve this situation for all students would be to have an on-site observation during class with this professor, to include media observation.

I have had far more success faster by asking for management to come see for themselves and shown pictures of the actual placement of students in the classroom, with both audio and visual observation.

This presents the facts, and removes the student/professor separation that is the usual management response in handling accommodation issues.