The ADA and why doesn't it apply

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Latest post 03-18-2008 5:07 PM by DeAngier. 8 replies.
  • 02-26-2008 4:58 PM

    Question [=?] The ADA and why doesn't it apply

    I had to wait until I was financially secure to return to college. Unfortunately there was an "Incident" that left me with a problem.
    I attended a community college for 15 years; I never thought it was anything except I wasn't applying myself, because I would pass classes the third time around. I'm not stupid, I had never had a "Learning Disability" so what else was I to think.
    I did something I had never done in all 15 years, I went to an appeals committee meeting to request a refund, the director of disability services was there and recommended I go in for testing. They made all the arrangements and when the problem was made public they took all of a couple weeks to kick me out.
    Because I was having so many problems (grades and nothing else) they had put me on probation, these problems caused by the learning disability. I was taking a mandatory class on the main campus, and visiting DS every time to find out when they were going to do something to help, because the other class I was taking I was failing from day one. The teacher wrote a letter asking if the class could be dropped until they figured out how to help me with classes. He explained I was there every day passed in all my assignments and was failing no matter what. I had taken this same class the semester before and only failed it when it came to the final; I was passing up until then. I letter I received from the teacher was simply added to my file, they made no move to have the class dropped as the TEACHER requested. The teacher wrote a second letter and I brought it to drop/add and was denied, no one would give us a reason why.
    Even after all this there’s much more and it gets a lot worse, all I’m asking is why a lawyer won’t help me get this straightened out, all I ever wanted to do was finish my education.
    I just wanted to be a teacher, not become dependent on the State and federal governments to get by in life, which is exactly what is going to happen.
    I’m now 51, can’t find decent work that will either pay me enough to pay my bills, or ever give me a chance to live a normal life, let alone give me enough to get me out of this hell hole.

  • 02-26-2008 6:54 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
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    Question [=?] What is your question?

    eom.
  • 03-06-2008 10:48 AM In reply to

    Angry [:@] re: What is your question?

    How can a school get away with kicking a student out and denying assistance when it's clear that assistance is required for them to have a chance to finish school?
    They buried the letter from the teacher requesting the student be allowed to drop the class until the proper help is determined to get them a chance at a passing grade. They then take out a trespass warning to make sure they can't follow up with the measures pointed out by there own counseling staff to raise the students GPA to an acceptable level, and reject requests from their own teachers to drop classes that the student should have had assistance to earn an acceptable grade?
    The student has spent tens of thousands of dollars in attempting to finish school and the school’s administration has decided to put an end to the attempt by partnering with the only four year college in doing everything possible to kill any chance of ever graduating.
    In short does a school have the power to pick and choose who can and can not have the assistance needed to finish school when assistance is needed as prescribed under the ADA?
  • 03-10-2008 11:16 PM In reply to

    Feedback [*=*] IDEA???

    This isn't my line of work, but when I was in school I believe the educational law was "IDEA" - Individuals with Disabilities in Education Act, or something like that.

    The type of assistance that must be allowed is HIGHLY specific. At some point there are not sufficient accommodations that can be given such that allowing a student to succeed would make sense.

    As an example, off the top of my head, allowing a student 4 hours to perform a test that should normally take 2 hours wouldn't be beneficial if we're talking about something like an operation which has zero mortality of it goes beyond 2 hours.
  • 03-11-2008 1:09 PM In reply to

    Question [=?] re: IDEA???

    Since I was kicked out when the problem was found by the cc and UF won't touch me because of their ties to them UF never had a chance to come up with a method of helping me with classes, but at the time of the testing I was accepted as a student with a learning disability and at that time they PROMISED to help me from the time I was admitted until graduation they would be there to help I just have to get admitted.
    Right now all I'm asking anyone that can and will help is get me into school before I get too old for it to ever do me any good.
    I'm asking anyone that knows anything about this to explain how the school (the community college) can get away with kicking me out because I have a learning disability and even without a jurist doctorate I can say with confidence that the grades I received were a direct result of the learning disability and they can't use my grades as an excuse for doing it.
    I would be willing to give EVERY cent, except enough to get me through school, to the lawyer that helped me. I just want and obviously need to finish school! Please tell me how this can't be worth millions and I don't want it, just to earn my degree.
  • 03-11-2008 1:26 PM In reply to

    Note [#=#] re: IDEA???

    As for your example, and correct me if I'm wrong, but I would settle for a simple business or if there's something considered less difficult for a degree and they don’t often have an exams that complicated. I was beaten with a baseball bat and have lost a great deal of long and short term recall, memory. My problem can’t present that much of a problem that would require a whole new section to be added to DS. I had a lawyer he screwed me out of a lot of money received from the people responsible and is no where to be found.
    Teachers are needed so badly that they will train anyone with any degree, and that's all I'm asking for. I went to IFAS and they would have let me in an instant if the Powers that Be weren’t dead set on NEVER overruling sfcc
    Like many places the Dept of Education isn't looking for the contents of one’s degree they’re looking for the commitment a degree seems to imply.
  • 03-11-2008 3:01 PM In reply to

    re: IDEA???

    Didn't you already ask this question?

    If your disability makes it impossible for you to habdle the work required to complete the work, they are not required to re-admit you into another program.
  • 03-18-2008 5:07 PM In reply to

    The Question

    I couldn't have said it so eloquently (habdle the work required to complete the work) myself;

    Since it has never been determined that I can't in fact "Handle" the work with the assistance of Disability Services, that's something we may never know the answer to.
    Try going back and reading my messages, UF determined that they can help me complete my requirements, but the community college used the fact that the disability THE DISABILITY has prevented me from acquiring the passing grades needed they found it a convenient way to kick me out and since I can't afford a lawyer on my own I have no one to represent me.
    Obviously UF has seen this problem before and feel they could assist, but the cc is afraid I will sue them into the poor house and feel it's OK just to kick me out of school and with the partnership that UF has with the cc and the fact the then president now works at UF they won't do anything to assist.
    I'm not asking anybody to admit me into a different program, I'm asking that I be given a chance with the help of DS to earn my degree, something I didn't have before.
    If you have questions instead of trying to read between the lines ask and I will gladly answer, would you like my phone number?

    And in answer to your first question, I've been asking for assistance since 2000 and considering no one seems to have the time nor the desire to assist me, you will see the same question until the day I die.
  • 03-18-2008 5:23 PM In reply to

    Note [#=#] What is the problem

    I have to ask this, do we simply throw out the student and forget about them, their need and desire to finish school because there's a chance that the solution may be, MAY BE, too time consuming?
    There was never a determination on the part of the cc as to what kind of assistance it would take to get me through school. NOTHING was ever considered as to what it would take, they simply kicked me out of school. UF was ready to sit down with me (once I was admitted) and go over the problems I was having and come up with a plan of action to help me out, the cc just determined they had to kick me out.
    For some odd reason you think I'm wasting your time asking for help, don't read it if it offends you that I dare ask to help me finish school.
    You people have completed your education and the things you know could help me get back into school and allow me to live my life doing something constructive and meaningful, not profit beyond belief but teach and help others the way my teachers helped me when I needed it (pre-incident).
    I’ve spent more on classes then I‘ll ever see again in my lifetime, and I’d do it again if it meant I was going to finish.
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