Education Law

Education law questions? Ask an education lawyer

Ask a Lawyer,
Get an Answer ASAP!

My 13year old niece has a medical disability called

Customer Question
Myastenia Gravis. Because of...
My 13year old niece has a medical disability called Myastenia Gravis. Because of her condition she is often tired and is limited to the amount of physical activity she can do. She is forced to take medication daily in order for her to function normally.
A few scenarios happening to her at her school are questionable and I am looking to get some advise on next steps.
1) Some members of the school staff are not recognizing her condition as a disability and often make her climb stairs instead of having option to take elevator (elevators need a pass to be used). On one occasion she came home crying because the teacher forced her to constantly use the stairs and she had become weak.
2) On another occasion she needed to go to the medical office and the teacher did not allow her to. What are the implications to the school if they refuse to attend a child with a medical condition properly?
3) Her attendance at school is affected as she needs time to get herself adjusted and ready for travel. Which means she is often late. A school attendance officer appeared at my sister's home stating she will be contact ACS and report my sister if my niece continues to be late. Quite agressive stance when there is a child with disabilities. What are her legal rights here?
My sister has had conversations with the school principal but these issues are still happening.
What legal steps can my sister take to move forward with making sure my niece has a solid experience at school without harassment.
Submitted: 2 years ago.Category: Education Law
Show More
Show Less
Ask Your Own Education Law Question
Answered in 10 minutes by:
2/17/2016
Education lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Education Law
Satisfied Customers: 37,876
Experience: I am an attorney with more than 3 decades of experience in a wide variety of legal areas, including Educational Law.
Verified

Good afternoon,

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

***** NW
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,

Doug

Ask Your Own Education Law Question
Education lawyer: LawTalk, Attorney replied 2 years ago

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

Ask Your Own Education Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an education lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Education Law
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: I am an attorney with more than 3 decades of experience in a wide variety of legal areas, including Educational Law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

rayanswers

rayanswers

Attorney

232 satisfied customers

Texas lawyer for 30 years representing children and parents.

Ely

Ely

Attorney

222 satisfied customers

Attorney in general practice,

LawTalk

LawTalk

Attorney

37,876 satisfied customers

I am an attorney with more than 3 decades of experience in a wide variety of legal areas, including Educational Law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

85 satisfied customers

Experienced Education Law Attorney

DCrane Esq

DCrane Esq

Attorney

79 satisfied customers

Experience in this category is derived from assisting clients with bullying disputes and IEPs.

Meigs

Meigs

Attorney

27 satisfied customers

I am well equipped to handle any legal matter that you might have regarding Education Law.

Infolawyer

Infolawyer

Partner

21 satisfied customers

Experienced lawyer

< Previous | Next >

Related Education Law Questions
I am the mother of a child with special needs. My child has
I am the mother of a child with special needs. My child has a long history and list of emotional disturbances which include Reactive Attachment Disorder, ADHD, PTSD, Anxiety and Depression. She has an… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,261 satisfied customers
I live in California. My son's friend is in Special
I live in California. My son's friend is in Special Education. He is 15 years old with autism. His mentally is about 6 years old. When he gets anxious, he often gets out of his seat looking for someon… read more
rayanswers
rayanswers
Attorney
Doctoral Degree
232 satisfied customers
My daughter suffers from depression and anxiety. the school
my daughter suffers from depression and anxiety. the school has adjusted her schedule to accommodate her needs, yet one teacher is interfering with her schedule, inserting a requirement that she atten… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,261 satisfied customers
Am havin problems with a school and my Grand son who is
am havin problems with a school and my Grand son who is autistic. The teacher don;t seem to understand he needs and calls and complains often … read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
My niece who is 10 years old has a disability and is being
My niece who is 10 years old has a disability and is being harassed by her teacher and principal. Would like to know who to contact regarding help for my niece. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
CA Education Code (I will provide a 100% bonus if you can
CA Education Code (I will provide a 100% bonus if you can reply to my question within the next hour) My daughter was diagnosed with Postural Orthostatic Tachvcardia Syndrome 3 years ago (See copy of m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am writing to see if I can get information regarding my
Hello, I am writing to see if I can get information regarding my niece who is a high school sophomore. She has been diagnosed with high functioning autism. She has endured bullying for several years w… read more
Ely
Ely
Attorney
Juris Doctor
222 satisfied customers
My seven year old stepson attended St.Joan of Arc Catholic
My seven year old stepson attended St.Joan of Arc Catholic school. Last year he wasn't grasping the lesson therefore we (my fiancé) & I sought a different alternative,medical advice. He was diagnosed … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
my husband witnessed a teacher grabbing my son, who is in kindergarten
my husband witnessed a teacher grabbing my son, who is in kindergarten, by the arm, and would not let go, my son was not trying to get away, she used extra force, and my son was crying. there was othe… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
My daughter is in high school and has been picked on by a teacher
My daughter is in high school and has been picked on by a teacher that runs the drama department. She has been blamed for things she did not do, yelled at and humiliated. She has continued to support … read more
Ely
Ely
Attorney
Juris Doctor
222 satisfied customers
DS/Autistic daughter and parents had rights violated
Hi- I have a DS/Autistic daughter who may have had her rights violated and our parental rights may have been violated including the 14th amendment . She was in a specific special educational school fr… read more
Expert
Expert
My daughter attended her first term of college at a private
My daughter attended her first term of college at a private college this fall. She has documented ADHD and Asperger's. We informed school staff and instructors of her disabilities and on registration … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A friend has authorized me to serve as an advocate for her
A friend has authorized me to serve as an advocate for her son at Bard Hight School as she works as is unable often to attend meetings. Shw would like to give me the authority to consult with teachers… read more
TheLeadCounsel
TheLeadCounsel
ATTORNEY
43 satisfied customers
My 16 year old daughter has developed migraine headaches.
My 16 year old daughter has developed migraine headaches. Her doctor wrote a note to the school in the beginning of the year because she I sometimes unable to attend. No ne knew her headaches would be… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
Hello, We have 12 year old boy who is in special education.
Hello, We have 12 year old boy who is in special education. When he began middle school this past fall, we began getting notes about his 'misbehavior' and he experienced several in- school and out of … read more
EducationLaw
EducationLaw
Lawyer
Doctrate
18 satisfied customers
My daughter has ADD and suffers with secondary depression
my daughter has ADD and suffers with secondary depression and anxiety. During the middle of her sophmore year (2012) she began getting headaches, losing weight, throwing up, withdrawing fro family, qu… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Texas. My son (17) and I were served a summons by
I live in Texas. My son (17) and I were served a summons by the local constable for truancy. The attached complaint says "Failure to Attend School" and is marked "ten or more days/parts of days in 6 m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Dec. 14, 2009 I had an (IEP meeting) at school regarding my
Dec. 14, 2009 I had an (IEP meeting) at school regarding my daughter speech ect. A teacher asked me if she was on medicine I said no. Then another teacher said my daughter has bought medicine to schoo… read more
rayanswers
rayanswers
Attorney
Doctoral Degree
232 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x