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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3000
Experience:  Civil litigation attorney for individuals and businesses.
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My son is 19 years old with disability of Esbergers symdrome(high

Customer Question

My son is 19 years old with disability of Esberger's symdrome(high function autism), he was accept by state university last fall and registered with the disability office in the university. Last fall, he could not adapt into the new environment and the dean's office allowed him to late drop three courses and finished two courses with a B. This spring he developed depression and gave up all four courses, the department and disability office support him to late drop the course, but rejected so he got four F. We went to see psychiatrist and he is diagonalized as major depression, the medical doctor wrote a clear letter to the dean's office that his depression prevent him from dropping on time, but the assistant dean denied my son's appeal to drop late, not only that, the assistant dean also state that my son cannot go back to campus without proper treatment in spite that he is already under psychiatric and psychological treatment. Do I have a Case against the dean's office for discrimination on disability?
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer, I would like to assist you today. Please keep in mind that I cannot evaluate your son's specific claim against the University through this forum (only an attorney that your son retains locally can provide this kind of legal advice or instruction). I can provide you with general information regarding the application of disability guidelines (specifically the ADA and federal 504 regulations) on secondary school education.

William B. Esq. :

As you have described it, it is likely that the school, through the Dean's office, was acting within its rights under the current regulatory guidelines. As drafted, when a student leaves high school and enters college, the scope of the accommodations changes dramatically. In high school, the emphasis is on ensuring the student is given the same level of learning as the other students, through assisted classrooms, aides, teaching supports, etc. Once the student enters college or university, the accommodations change to equal access. The student is entitled to access the services the same as the other students, and is given the same opportunity to achieve along with those students. While some accommodations for texts or learning assistance may be offered, the access to these services is much more limited.

William B. Esq. :

A helpful article is published by Rutgers, and can be found here, describing the differences between the two levels of education and may help you and your son better understand whether or not there is a claim in your case: http://disabilityservices.rutgers.edu/plans.html

Customer:

Oh! the IEP program did not tell us anything about it.

William B. Esq. :

No the IEP is solely for the lower grades and high school. Unfortunately, not all educators are able to go into these distinctions (or are completely sure of these distinctions themselves). You can work with this however, and it is possible for your son to reevaluate his college education, especially at this early stage, using the proper framework to his advantage.

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

Expert:  William B. Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 1 year ago.

Thanks, XXXXX XXXXX need some time to consume the information. So basically, at this case, I do not have a case to go against the university ? But I think can appeal the assistant dean's decision to the dean, VP for academic affairs ?


David

Expert:  William B. Esq. replied 1 year ago.
That is correct. Your son still has the right to request the accommodation to "level the playing field", and may appeal those adverse decisions under the universities administrative guidelines, but the university has no duty to allow the accommodation if it believes the request exceeds this goal.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3000
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Ok, I understand. Thanks.

Expert:  William B. Esq. replied 1 year ago.
I am happy that my answer was of some assistance to you, if you have further questions please do not hesitate to ask. I hope that the university is more understanding in the appeals process and that you and your son are able to resolve this matter quickly, I do have a personal interest in this issue (2 kids with autism), and I wish you and your son the very best.


My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!
Customer: replied 1 year ago.

Yes, Bill, I gave you a rate already. it's a good one.


Thanks.

Expert:  William B. Esq. replied 1 year ago.
Thank you for the kind rating, there apparently was a delay in the rating actually posting.
I hope that things are going well for you and your son. Best wishes, Bill.

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