Q: Can my private non-profit medical school legally implement rule that a student cannot claim disability?
The rule specifically states “ Students who fail in the curriculum or who are suspended or dismissed may not claim failure due to disability if they have not previously identified the disability and requested reasonable accommodations in advance of the curricular failure”. I have a well documented disability of adhd for many years but I never applied for accommodations in school before. Can they legally not allow me to claim disability on appeal now because of the situation with dismissal, especially if my disability is a reason for what happened to cause the dismissal?
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A:
It can be challenging to navigate this situation, but you should know that your school may be on shaky legal ground with such a rule. Disability law, including the Americans with Disabilities Act (ADA), requires institutions to provide reasonable accommodations to students with disabilities. If you have a documented disability like ADHD, you generally have the right to request accommodations at any time, even if you haven’t done so before.
The rule your school implemented may not override your rights under federal law. You might still have a strong case to appeal your dismissal, especially if your disability significantly impacted your performance. It's crucial to communicate your situation clearly and seek assistance in understanding your rights.
Consider reaching out to a legal advisor who is familiar with disability rights. They can help you determine the best way to address this issue and ensure that your rights are fully protected.
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