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Is there ADA-type recourse against a private tech school for failing to reasonably accommodate my disabled son?

Sacramento, CA |

My 19-yr-old son was recently expelled from Wyotech Auto Tech program in W. Sacto, CA. Before enrolling, I told admissions & financial aid personnel (& gave the school his last IEP from 12th grade) he'd been in Special Ed since Kindergarten & that he needed extra help. Was told to bring in the IEP (did it the next day, a month before classes started). He not only never got any accommodations (until the last day he took his last final, just after he was told if he failed that test he was 'out of there'), he was never given any real notice as to there being problems with his grades/progress and was allowed to flail along from start to finish. No grades were ever mailed home, no notice was ever given in writing of the existence of a problem.

Attorney Answers 2

Posted

I would speak to a qualified disability attorney in Sacramento to discuss your son's rights. The ADA is a very complicated statute and you need to get advice from a qualified professional.

Mr. Tucker is licensed to practice law in Washington and Kentucky. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Tucker strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

The Learning Rights Center in Los Angeles represents children with IEPs. I don't know if they represent clients as far north as Sacramento or adults like your son, but you can contact them and see if they do, or to whom they can refer you.

Good luck!

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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