Grade Change Disability Rights
Summary
If your ADHD contributed to mistakenly choosing S/NC, you may argue for a grade change as a reasonable accommodation under ADA, Section 504, and PHRA. These laws require universities to make necessary policy modifications to avoid discrimination. Consult your universitys disability services office for assistance. If unresolved, consider filing a complaint with the U.S. Department of Educations Office for Civil Rights.Full Conversation
My university won’t let me change S/NC to a letter grade because it is past the deadline. However, they have allowed other people to do it. I also have ADHD which is why I accidentally made that mistake. What are some laws for me to convince them to change it?
Hello ****, I need to know your location to give you information specific to your region. However, you may have rights under:
- The Americans with Disabilities Act (ADA)
- Section * of the Rehabilitation Act of *
These laws prohibit discrimination based on disabilities and require reasonable accommodations.
- The Americans with Disabilities Act (ADA)
- Section * of the Rehabilitation Act of *
These laws prohibit discrimination based on disabilities and require reasonable accommodations.
USA University of Pittsburgh
Based on your location, here are some relevant laws:
- Americans with Disabilities Act (ADA)
- Section *, Rehabilitation Act of *
- Pennsylvania Human Relations Act (PHRA)
These laws mandate reasonable accommodations for students with disabilities. You may seek advice from your university's disability services office.
- Americans with Disabilities Act (ADA)
- Section *, Rehabilitation Act of *
- Pennsylvania Human Relations Act (PHRA)
These laws mandate reasonable accommodations for students with disabilities. You may seek advice from your university's disability services office.
what do these laws say that’s applicable
- ADA: Prohibits discrimination and ensures equal opportunities for persons with disabilities in employment, public accommodations, and education.
- Rehabilitation Act, Section *: Prevents discrimination based on disability in programs receiving federal funds, like universities.
- PHRA: Prohibits discrimination based on disability in public services, including education.
- Rehabilitation Act, Section *: Prevents discrimination based on disability in programs receiving federal funds, like universities.
- PHRA: Prohibits discrimination based on disability in public services, including education.
how is that relevant to me choosing S/NC by accident though and they say university policy won’t allow it
Your situation falls under 'reasonable accommodation'. If your ADHD contributed to the mistake, the university may be obliged to allow a grade change, despite their policy, under the ADA, Section *, and PHRA. You should consult with the disability services office.
thank u!
You're welcome, ****! Don't hesitate to reach out if you have more questions. Best of luck with your situation at the university!
what reasonable accommodation
'Reasonable accommodation' refers to modifications or adjustments that allow individuals with disabilities to enjoy equal benefits and privileges of education. This might include altering policies, like your grade change situation, if it's related to your ADHD.
how can i argue that if i’m not denied it and it’s school policy
You could argue that their policy is discriminatory if applied without considering students' disabilities. Under ADA, Section *, and PHRA, they must provide reasonable accommodations, which can include policy exceptions. Contact your university's disability services for help with this process.
can u quote the law
Sure, here are the relevant quotes:
- ADA (Title II): "No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity."
- Section *: "No otherwise qualified individual with a disability... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
- PHRA: "It is an unlawful discriminatory practice... To deny or interfere with the accommodation, advantages, facilities or privileges of such public accommodations to any person because of his race, color, familial status, religious creed, ancestry, handicap or disability."
- ADA (Title II): "No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity."
- Section *: "No otherwise qualified individual with a disability... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
- PHRA: "It is an unlawful discriminatory practice... To deny or interfere with the accommodation, advantages, facilities or privileges of such public accommodations to any person because of his race, color, familial status, religious creed, ancestry, handicap or disability."
i mean give me quotes how policy doesn’t always apply to students with disabilities
Here are some quotes that might help:
- ADA: "A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity."
- Section *: "Recipients must make such reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program."
- ADA: "A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity."
- Section *: "Recipients must make such reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program."
so play devils advocate
As a devil's advocate, one could argue that the university has a strict deadline policy in place to ensure fairness and consistency among all students. They might contend that making exceptions could lead to an unfair advantage and disrupt the academic process.
so that means the law doesn’t apply?
No, it doesn't mean the law doesn't apply. The university must still comply with ADA, Section *, and PHRA. While they can argue for their policy, they must also demonstrate that accommodating your request would fundamentally alter their program or impose an undue hardship.
how would they demonstrate that
They would need to provide evidence that making an exception for your case would significantly disrupt their operations or cause undue burden. This could include financial hardship, administrative difficulties, or compromising the educational standards or integrity of their program.
thanks
You're welcome, ****! Feel free to reach out if you need further assistance. Good luck with your university situation!
can they prove that
They would need to provide solid evidence, such as financial records or documented processes, to prove that making an exception would cause undue hardship or fundamentally alter their program. This is often challenging to prove, especially in the context of a single grade change.
so do i sue them
Taking legal action should be your last resort. It is recommended to first discuss your situation with your university's disability services office. If you feel your rights under the ADA, Section *, and PHRA are being violated, you may file a complaint with the U.S. Department of Education's Office for Civil Rights.