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legalgems, Lawyer
Category: Education Law
Satisfied Customers: 10036
Experience:  Just Answer consultant at Self employed
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My son is a student at Arizona State University and his ADA

Customer Question

My son is a student at Arizona State University and his ADA rights I believe his ADAnrights have been violated by not being allowed extra time to complete a class on line,
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Why would I do that?
JA: What state are you in? It matters because laws vary by location.
Customer: The case is in Arizona.
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Time is of the essence.
Submitted: 8 months ago.
Category: Education Law
Expert:  legalgems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 8 months ago.

I am sorry to hear this; is the school aware of the ADA issue?

Customer: replied 8 months ago.
Expert:  legalgems replied 8 months ago.

I am sorry to hear your son is not being accommodated and having to deal with this. Title II of the ADA covers state funded schools such as universities, community colleges and vocational schools. Schools must establish a process for making their tests accessible to people with disabilities. This can be done by providing appropriate accommodations to students with disabilities. Examples of accommodations include allowing a student extended time to complete a test or providing a distraction-free space, sign language interpreters, readers, or alternative test formats.

Many postsecondary schools have an Office of Services for Students with Disabilities that serves as a liaison between students and faculty, and can advocate for reasonable accommodations. If your school does not have such an office, government-funded programs are required by law to have an ADA Coordinator. You can contact this person at your school to get help to resolve the situation or file an internal complaint if necessary.

The student can also file an ADA complaint with the Office of Civil Rights of the U.S. Department of Education. There is a deadline of 180 days after the date of a discriminatory action to file a complaint. The student can also file a private lawsuit in federal court. If successful, the ADA provides for "injunctive relief" (which mandates the school must provide the access that was denied or not provided) and attorney's fees. Damages are generally not available unless it can be established that the discrimination was intentional.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 8 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

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