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.
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