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  1. #11
    Join Date
    Oct 2014
    Posts
    7,627

    Default Re: Catalog Description vs Syllabus

    Quote Quoting hr for me
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    ADA/reasonable accommodation is very depended on individual details.
    When it comes to academic accommodation of a disabled student, the ADA does not apply. Rather, it is Section 504 of the Rehabilitation Act of 1973 that requires that requires the reasonable accommodation of a disabled student with respect to academics but only schools that receive federal funds are subject to that Act. Of course, most colleges and universities do receive federal funds so most are subject to those requirements. The rules for accommodation are similar to those in the ADA; indeed the ADA was modeled in part on the Rehabilitation Act.

  2. #12
    Join Date
    Dec 2007
    Posts
    258

    Default Re: Catalog Description vs Syllabus

    Quote Quoting Mr. Knowitall
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    Even if the student feels he is competent, if he didn't complete the work necessary to pass the course he won't pass the course.

    He can complain until the end of time that at different times, the requirements for the completion of the course were different. He had the syllabus, he knew was required when he took the course, and he didn't complete his work. That's all that matters.

    We know nothing about the "single accommodation" that was requested, or whether it has even slight relevance to the student's failure to complete required coursework. Of course, if the student's own doctor took the position that no accommodation was necessary, that's almost certainly a dead end.
    Both the student's PCP and psychiatrist supported the accommodation request. The university refused to accept their letters as qualifying the student for that particular service and granted an accommodation that was neither requested nor appropriate for the circumstances.

    During the same semester as well as academic year the requirements differ in the various sections of the course. Some sections gave far easier and less controversial subject matter. The topics to be covered are not part of the course descriptions so a student does not know the specifics of the section until after classes begin. The student was previously denied a transfer to a different section of the course based on the material being presented in the originally assigned section.

    Native English speakers are held to a different standard than international students. The course number is identical in the two tracks so there is no indication on a transcript that an international student did not necessarily have the same level of competence as other students receiving the same grade.

    The student completed and was successful on each individual assignments even receiving As. Blind, independent, objective assessments indicate a competency level greater than what would be expected by a student successfully completing the class.

    The accommodation requested and denied did not apply in the format of the course. The granted accommodation did not apply in the format of the course. Every new request requires repeats of testing previously performed at the cost so thousands of dollars most of which is not covered by insurance.

    The need for an accommodation cannot always be foreseen; no student plans to have emergency surgery, hospitalization, prescription drug reactions requiring changes in psychotropic drug therapy, or to have to participate in unreasonably stressful discussions of deviant behavior or listen to racist rants in a course which is not about that subject matter.

    The student has 5 qualifying disabilities, sought accommodations for 2 and was granted an accommodation that was not requested, did not apply for either the disabilities for which assistance was sought, and did not appropriate for either that semester for a different class or the most recent one.

    Quote Quoting hr for me
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    And just because the single accommodation was on the us govt website as an example, it does not mean it automatically applies to your situation. ADA/reasonable accommodation is very depended on individual details. Employers and schools are required to interact with you and your physicians to work out a plan that is reasonable and it seems this is at least your 2nd attempt to pass this specific class. Was the instructor the same each time?

    It's hard to see how changing the material/syllabus will be a reasonable accommodation. I know I have seen attendance, scheduling and testing accommodations. I have not seen lowering the length of an assignment although I have seen giving more time to complete. In the end you are going to have to have a physician who backs up your need for the accommodations. Why? because you are right, the people on the other side are not physicians and only have your medical documentation to go by. They may or may not get outside counsel.

    Is there any way to take this class elsewhere (if entry level basic class you might find it at a local community college or online) and transfer the credit in? Of course, they might still have the same readings/syllabus/coursework as the current school.
    University policies do not permit transfer of credit during the final two years of the program (actually 60 credit hours). The problem requirement is not a normal requirement of similar courses elsewhere. Students transferring credit for the class do not have to meet that particular requirement in another course.

    The instructor was different in each attempt at the course.

    The physician most concerned has been very supportive of the student and has made that known to the university via formal documents. The university has chosen to ignore the information provided by an extremely highly regarded physician in the community. The most qualified member of the committee is an educational psychologist. She has been helpful but overruled by an attorney and an entomologist. None is an MD qualified in evaluating medical management of complex situations.

    The student would have been able to complete the missing assignment from the first attempt at the class if a semester rather than a month had been the time extension deadline. The student had not recovered during the time extension granted.

    When this latest problem began 3 years ago, I spoke with representatives at DOJ and DOEducation. Four different people recommended that the student file complaints with the Office of Civil Rights at both agencies. The student refuses to do so because degree completion is all that is desired; a complaint would likely result in expulsion from the university. Other students are known to have been expelled in retaliation for less confrontational acts and are suing the university; that student should eventually be reinstated and allowed to complete his degree but it is already years of litigation.

    An employee of the university would receive more disability accommodations than students with identical disability diagnoses due to the procedures being placed on students by an office different from the personnel office.

    It is my belief that the university wants to make the accommodation process so painful for students that the students will give up and go elsewhere. I pity any student trying to go through the process without parental and physician support. I know there have been suicides on campus; I could certainly believe that some could be due to dealing with a group of administrators and faculty who should be trying to help the student in crisis but are making life intolerable.

  3. #13
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Catalog Description vs Syllabus

    Well, the student doesn't care enough to post here about it, and you keep adding new claims about what supposedly happened. I suggest that the student discuss his concerns with a lawyer.

  4. #14
    Join Date
    Dec 2007
    Posts
    258

    Default Re: Catalog Description vs Syllabus

    I am trying not to post too much specific information due to the uniqueness of the situation.

    Yesterday things went from bad to awful. I spent much of yesterday and overnight trying to avert a medical crisis.

    Next week we will be contacting the attorney who is already involved in a suit against the university involving a different student. I appreciate your viewpoints.

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