I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Under the ADA guidelines, your niece clearly appears to be disabled, and as such the school district has the legal obligation to grant her reasonable accommodations which she or a parent might request.
A refusal to make a reasonable accommodation for your niece, presuming that her physical and medical condition qualifies as a disability under the ADA guidelines, would be a violation of law, and give her parent or guardian, through her, a cause of action for discrimination.
Under the ADA guidelines, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more of the major life activities. Recently, some new sections were added to the ADA regulations which provide even greater protections for the employee. One such section, 1630.2(j)(1)(iii) holds that the issue of “substantially limited” in a major life activity “should not demand extensive analysis,” and goes on to hold that comparing an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population “usually will not require scientific, medical or statistical analysis.”
As a result, proving a disability is a bit easier, and the remedies for a violation of your rights are several.
Someone needs to speak with her doctor about what accommodations they believe might be in her best interests (such as limiting physical activity, having use of the elevator, etc.) and then present several possibilities to the school district, in writing and along with a report from your niece's physician, for their consideration.
You or a parent may begin by filing a formal complaint of discrimination against the school district with the Department of Justice at:
U.S. Department of Justice
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530
Her parent or legal guardian may also file a lawsuit in Federal Court against the school district if they do not provide reasonable accommodations for your niece.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.
I wish you and yours the best in 2016,