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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101354
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband has a learning disability, it takes m a little

Customer Question

My husband has a learning disability, it takes him a little while to comprehend things. He has gone to different colleges and has not ever mentioned it to the school because he does not want to be treated differently. He is now attending a college and for the past few months the techs at his clinical sites have been telling him that he does not care and that he is taking to long to learn. Now the clinical site has let him go and now the school is telling him he is suspended and might be let go of the program also. He did let the clinical director know that he does have a learning disability through e-mail and told him if he needed proof of that he could be able to provide the. Proper documentation. Do we have a case if we would want to pursue legal action for discrimination ?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this.

1) What kind of learning disability does he have?

2) Is the college a private college, or public? Is it a trade-school, community college, or university?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Dyslexia
And it is a private school
American Career College
Expert:  Ely replied 1 year ago.

Thank you.

Students are eligible for accommodations and services under the Section 504 Plan if they (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Whether or not his condition falls under the 504 Plan depends on the severity of his dyslexia.

The ADA guarantees equal opportunity for students disabilities. Title II of the ADA prohibits all state and local governmental entities, including public colleges, from discrimination against individuals with disabilities. Under the ADA, a qualifying person has a physical and/or mental impairment that substantially limits one or more major life activities, including, but not limited to, caring for one's self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing and working. Dyslexia may fall into this, but it is on a case by case basis.

For more, see HERE.

Now borrowing from that, is the school covered? "The ADA does not cover private colleges and universities controlled by religious entities. However, even if a college or university is controlled by a religious entity, it will be covered by Section 504 as long as it receives any federal financial assistance. For example, a school would be covered if it accepted any students who receive federal financial aid for their education." (See link.) If he receives federal assistance, then he is at least covered by 504.

So is there a suit? Possibly. He would have to prove that:

1) He is covered by either 504 or ADA or both; and

2) Either 504 or ADA or both cover his school.

If so, then he may have a lawsuit but there is another last item. Simply having the disability is not enough if his disability is not evident to the school's agents. He does have to have medical proof and show it to the school. Then, if the school or its agents continue to discriminate against him or not provide the proper help per federal law (ADA or 504, whichever applies), then there would be a case.

Good luck.

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