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CalAttorney2
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Experience:  Civil litigation attorney for individuals and businesses.
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any legal ground to stand on for a student who is separated

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any legal ground to stand on for a student who is separated from a university and was subsequently diagnosed with add...any legal ground to use to try and be readmitted to the college

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today.

William B. Esq. :

There is no legal ground for you to force readmittance to the university, however, there is a legal basis to request accommodations and readmission as an individual with a disability requiring reasonable accommodations. At the university level, these accommodations are limited, and you must actively seek out those accommodations that you need (tutoring, additional testing time, reduced class loads, etc.) and the standard for completion must be equivalent to that of other students.

William B. Esq. :

You can appeal to the dean of students or the ombudsman for readmission with a study plan and identification of the basis for your readmission. Be aware that the university has no obligation to provide these accommodations in readmission, but many institutions are willing to do so with students able and willing to make the effort to succeed under an equivalent to those students without disabilities.

Customer:

ok. my son was a student at a private university in ny-he was "separated" from university this summer due to academic performance. He has struggled with ADD (really) and has been in school all summer. He would like to finish his degree at this university but has to appeal the separation. Any advice-I have been told that ADD is recognized as a disability. He is not on scholarship-money not really an issue.

William B. Esq. :

I have a publication that deals with this that is helpful in identifying your son's rights, please give me a minute to locate it (I apologize for the delay).

William B. Esq. :

As noted above, at the university level, your son must be much more proactive in receiving services and accommodations than at the grade school and high school level where an IEP requires the school to provide a "free and appropriate education" (the standard changes significantly and becomes one of "equal access").

Customer:

Thank-you. I thought as much but good to know. Will check out the publication `you provided.He is a chemistry major and did well in HS and grade school-top of his class but university overwhelmed him. we never thought there would be any kind of accommodations necessary but were wrong. Again, thanks.

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