What Accoodations Does a School Have to Make for a Mentally Disabled Student?
Full Question:
Answer:
In the school setting, it is generally a matter of internal administrative decision-making. While the school may have applicable guidelines to follow, it often is a matter of subjective determination. It is more of an administrative than a legal matter. Typically, the courts will review such cases only insofar as ensuring that due process rights were afforded to the student in the procedures. This will involve such considerations as whether the student was served with a written notice of requirements; was made aware of grounds which would justify her expulsion or suspension by way of the student handbook; the hearing tribunal afforded an opportunity to hear and confront the evidence presented against the student and an opportunity to be heard and to offer other evidence if the student chose; the student was accorded the right to have someone from the college community to assist her in the proceedings; was informed of the tribunal's finding; was given access to its decision for personal review; and, was advised in writing of the consequence imposed.
Schools receiving federal funds at the postsecondary level are required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of the school's program or impose an undue burden.
However, students attending private universities do not possess the same due process rights under the U.S. Constitution that are guaranteed to students attending public schools. Therefore, courts are reluctant to review the administrative decisions of private schools and tend to defer to private school decision making, especially in internal affairs. Courts generally have applied a very lenient standard of review and required that private school procedures conform to a basic fairness standard. The procedures must have a rational basis, so as not to be arbitrary or capricious. Courts typically rule that a private school’s decisions are fundamentally fair if they are aligned with the school's rules and procedures.
When a school policy for promoting students is stated in non-mandatory language, it is a discretionary matter, and will be subject to the subjective determinations of the decision-makers involved. These decisions are typically upheld as long as a rational reason can be offered to support it. I suggest exploring whether there is an appeals or review procedure available.
For further discussion, please see:
http://www2.ed.gov/about/offices/list/ocr/504faq.html
http://biotech.law.lsu.edu/cases/schools/UMMC_v_Hughes.htm