Rights of Students with Disabilities in PA

[sfora17]

In Pennsylvania, does a college have the right to deny a student the opportunity to make up a test that he/she missed because they were in the hospital? Or is that illegal? If it is illegal, can anything be done after the fact to rectify the situation?

 

[Humusluvr]

In Pennsylvania, does a college have the right to deny a student the opportunity to make up a test that he/she missed because they were in the hospital? Or is that illegal? If it is illegal, can anything be done after the fact to rectify the situation?

What does this have to do with a student with disabilities?

College professors usually have complete authority over their classes. If a student misses a test, the student would have a grace period with an authorization from the hospital that the student was admitted when the test was missed. But, they don't HAVE to do anything, nor have they "violated your rights." Colleges are voluntary, unlike high school, where the student has to be there.

You might make a case to the professor (respectfully of course) and bring in your hospital note, and ask to take a make up. If the professor denies it, you might ask the dean. Or, withdraw from the class.

 

[FlyingRon]

You'll find that a lot of the special accommodations that are mandated by things like the IDEA and 504 end when they graduate from high school. Subpart E of the 504 and the ADA are pretty much antidiscrimination items and mandate that acommodations should be made to allow disabled students to compete with other students. Of course, reasonable is somewhat nebulous and you won't find anything cut and dry like what you are asking (even if we had all the details).

Many larger schools do have a disability advocate that may be of help.

 

[sfora17]

I already did all those things. A disability services advisor at my new school said this was illegal. This seems like discrimination to me.

 

[You Are Guilty]

Depends. Why were you in the hospital? For how long? If, for example, you went because you had an upset stomach and spent 19 hours in the ER waiting, you are not "disabled" and not entitled to any special treatment.

And to be honest, even if you were hospitalized with a legitimate (legal) disability, it may not be reasonable to offer you a make up test. Having to create an entirely new test for one student could be too much to ask. Have you tried asking whether you can take the test when it's given in the next class?

 

[Humusluvr]

I already did all those things. A disability services advisor at my new school said this was illegal. This seems like discrimination to me.

How is this discrimination? You missed a test. Do you have a history of missing classes?

If the disability adviser at your school said it was illegal, go back to them and get them to go to bat for you. If they won't, why not? Are you on special services at the college? Which ones?

Ron, your advice would be appropriate for high school, but this is a college case. Much different.

 

[sfora17]

This was in a past semester, but I tried everything I could think of. My brain doesn't regulate my blood pressure and heart rate correctly, which was why I was in the hospital that day (syncope) and it was only a day but I provided the teacher with all the documentation.

Up until then I'd gotten A's on all my assignments and tests, so I was staying on top of everything I'd missed.

I view this as discrimination because they're made my grades suffer just because I had a legitimate medical condition.

As for the disability services advisor who said that was illegal, they're employed by my current school, not the one this situation occurred at.

 

[FlyingRon]

Ron, your advice would be appropriate for high school, but this is a college case. Much different.

What are you talking about? Did you even bother to read my post?
It pretty much says what you said except more correctly.

 

[FlyingRon]

This was in a past semester, but I tried everything I could think of. My brain doesn't regulate my blood pressure and heart rate correctly, which was why I was in the hospital that day (syncope) and it was only a day but I provided the teacher with all the documentation.

You're going to have to get the disability chip off your shoulder. Just because you are sick doesn't give you a pass. It doesn't sound like something that is discrimination under the rehabilitation or ADA. You may very well be out of luck if you've exhausted all your academic grievance options at the school.

 

[sfora17]

Wow, not a disability chip at all. I work about 10 times as hard as "healthy" students and don't usually accept any type of special treatment. It's just that in this situation it didn't matter how hard I'd worked because I wasn't even given a chance. I just figured that there might be some sort of law or legal precedent protecting students like myself who are already dealing with enough, yet are full time students and still maintain their grades.

I understand why a teacher wouldn't allow a student to make up a test while they were absent because otherwise students would just skip class when they weren't prepared. But when someone has a legitimate medical documentation documenting that he/she was literally physically unable to take the test at the time of administration, I don't see why that should be allowed.

If you have no suggestions that's fine. But there's no need to cut someone down who's just trying to pursue any possible means of rectifying the situation.

 

[FlyingRon]

I gave you the solutions, the fact that you don't want to hear what I said isn't my fault.

Let me clue you in. "Working hard" is not the sole criteria for success in college or life. It may have been in the namby pamby public primary and secondary school you were brought up in, but barring some outright discrimination, which this appears not to be, you don't have much of an option.

I could work everywhere near as hard as you and get struck by a truck on the way to the exam and I'd be as SOL as you.

 

[ShyCat]

But when someone has a legitimate medical documentation documenting that he/she was literally physically unable to take the test at the time of administration, I don't see why that should be allowed.

Why should a medical issue get a free pass? Hey, what if someone has documentation that their car broke down on the way to class, leaving them stranded on the side of the road? Or their boss demanded they stay at work or be fired? What if a power failure occurred and their alarm clock didn't go off? What if....?

Just because your issue happened to be medical does not make it a more legitimate exception to the rule.

 

[Humusluvr]

Why should a medical issue get a free pass? Hey, what if someone has documentation that their car broke down on the way to class, leaving them stranded on the side of the road? Or their boss demanded they stay at work or be fired? What if a power failure occurred and their alarm clock didn't go off? What if....?

Just because your issue happened to be medical does not make it a more legitimate exception to the rule.

Actually, I would say MOST Universities/Colleges have instructions for medical emergencies. The one I work at his this

"If you do not already have documentation in the Dean’s Office, please submit a medical excuse from your attending physician with your response/request for a temporary, one-time accommodation. Students with permanent disabilities must be registered with the University’s Office of Accessibility."

I would say a medical emergency, with proper documentation, would be much more legit than an alarm clock malfunction or tire blowout. Personal issues are not an excuse for missing exams. Medical issues are.

The original poster never answered whether she was in the hospital due to their disability or an emergency, what the disability is, if they were receiving services, and really did not give us enough info to decide if this is "discrimination" per se.

 

[sfora17]

Thanks Humusluvr for actually being polite and helpful.

The college I currently attend considers all of my medical ailments disabilities. I believe I was in the hospital that time because of an issue with my autonomic nervous system (brain doesn't regulate my blood pressure properly) and I had become unconscious. So it was an emergency.

I was never informed by my previous college/teacher that there were disability services even though I made my issues clear several times, so no, I wasn't receiving any services.

 

[csi7]

Have you approached the dean's office with this medical request with an administrative review?

People with disabilities work much harder to maintain "normal" status in daily living activities. It is harder to ask for help when the disability has not been obvious.

Major Medical events are covered under "normal" circumstances.