College

[busyscmom]

My daughter is a sophomore in college and her first year had minimal health issues. This year, however, she's been in the hospital twice.

Her college allows for 4 absences, but my daughter has 5 in Spanish; all of the absences were from being in the hospital.

Her professor has dropped her from the class due to "excessive absences." That means she is no longer a full time student and will lose her scholarship. She had met with the disability director prior to this, but she says professors can opt to make modifications or not.

Anybody have a similar situation in college? If so, how did you handle it?

 

[Printer]

Yes, she has to go to the Spanish Prof and explain her situation. A letter from her CF Doctor could help.

Bill

 

[Aboveallislove]

Some colleges take the position that the professor has the final say; others allow the disabilities' office to overrule the professor. Assuming that her talking to the professor has not helped, then I suggest she first speak with the head of the disabilities office explaining that she is merely asking for a reasonable accommodation as required by law and that the college is responsible for assuring that one is provided and that a professor cannot overrule the law. If the disabilities office refuses to budge, I would suggest she find out who the disabilities office reports to--likely the provost and arrange a meeting with the provost, and explaining that she is merely seeking a reasonable accommodation, as required by law. She might need to actually get an attorney involved though--contact the CF attorney Beth. Hopefully one phone call could take care of it. Re the law: What is reasonable is fact-intensive, but most likely the college won't want to risk a law suit and given the stake to her, it would likely be worth it to sue.

 

[Cherylwithone]

I believe if it is a private college the rules change. State colleges get federal funding so they must follow all disabilities rules. My daughter is also a sophomore in college and she is at a private
college. First year was great second year a different story. Right now she has mono which is not good in a CFer. She has had to deal with professors on missing classes. What she does is try to
go to class even when sick otherwise she will send them an email and then followup with them when she is well. So far they have been forgiving.

Did this Prof. know from the start that she has CF. My daughter informed them from the start which I really believe has helped her. Good luck and I hope your daughter can get somewhere with the
prof.

 

[Aboveallislove]

Very few colleges do NOT get federal funding (i.e. Hillsdale). I taught undergrads at a private university for years and federal funding was everywhere. It would though make sense to first make sure the college is covered by the federal law, which is an easy question she can ask the disability office, in the unlikely event it isn't.

 

[Printer]

A pell grant is FEDERAL FUNDING. Every College and University in the US gets some Federal Funding.

 

[Aboveallislove]

Actually hills dale college does not take any, but it might be the only one!
member vrwc

 

[Printer]

Students must still get Pell Grants or Student Loans, either would qualify. Post Office on campus. ROTC.

 

[Aboveallislove]

Yes, either would qualify, but Hillsdale won't accept them. http://www.hillsdale.edu/admissions/faq/faq_list.asp?iSectionID=1&iGroupID=45&iQuestionID=108
Also, verifies it under hillsdale scholarship/grant info. But as I said, Hillsdale may well be sui generis and I'd wager that the poster's daughter is at a school that takes federal loans/grants and is thus covered and REQUIRED to give reasonable accommodations, no matter what the professor thinks!
-love

 

[Printer]

OK Interstate Commerce will do. If they have students from out of state!!

 

[Aboveallislove]

Nope... Because congress based the law on its spending power not on it's commerce clause power. If you don't take federal dollars you aren't regulated...it could have been based on commerce power but it wasn't. Legally it matters.

 

[Aboveallislove]

In case you don't take my word for it, here is a great link.
http://www.disabilityrightsca.org/pubs/530901.pdf

Busymom--check it out as it is very practical!!!

Bill: Page 7 quotes the statutory language verifying it is based on Congress' spending power (and also that the law only applies to those receiving federal assistance). A simple "you are right; I was wrong," will suffice and be almost as gratifying as when it comes from DH! ;-)))

 

[Printer]

Love:

I know better than to question you!!!

Bill

 

[Aboveallislove]

well i tell my dh that regularly, but he seems to still forget!

 

[Aboveallislove]

Busymom: Was thinking more about the situation today and had two other thoughts to augment the request for the absences: 1) Find out how many "college excused" absences are allowed for athletes. I believe some have as many as 6 excused absences. That will help support an argument that it is "reasonable" to be absent for a certain # of classes. 2) It may be too late now, but requesting "alternative" ways to "attend" during hospitalizations could be "reasonable" such as having the class taped or attending via "skype." Our University has video services and I've taped classes before and know of another professor who did as well when he needed an urgent surgery mid-semester. . . . no reason they can't accommodate mised classes that way.

 

[busyscmom]

I appreciate all of your input.

My daughter has spoken with the prof, but she said she would have to speak with the disability director first. Then she said she was dropped, so apparently the disability director was no help. My daughter emailed her and she said foreign language profs don't have to make any modifications if they don't want to. My daughter asked the department head and she said no too. My daughter then said she was appealing the decision and could she stay in the class until a final decision was made. She still said no. She talked to the prof about the ADA and her response was that she had to make "reasonable" modifications and she didn't think being out of a foreign language class more than 4 times was reasonable.

She wrote a letter to the Career & Counseling Director (as per the appeal process). They have 5 days to get back with their decision.

If that's a no go, then there's a grievance process.

I am determined to follow this through. The semester may be over with by then, but at this point, it's the principle. I wonder how many other students they've done this to.

 

[Aboveallislove]

Have you had a chance to look at the link above? It had some great examples/suggestions and also who to contact, etc.

 

[lilmac1177]

i think this is crazy and, at the very least, shows no compassion for disabling conditions and extenuating circumstances!

 

[nmw0615]

You said she met with someone in the disability office, but did she register her CF with them? If she only met with someone, she may not have been covered by the disability services just yet. I know I had to register with the disability office before they would "have my back" when my health got in the way.

 

[travelover777]

While it might be too late for this situation, your daughter needs to get a 504 plan as soon as possible. The 504 plan refers to Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, which specifies that no one with a disability can be excluded from participating in federally funded programs or activities, including elementary, secondary or postsecondary schooling. A 504 plan spells out the modifications and accommodations that will be needed for these students to have an opportunity to perform at the same level as their peers. This can include health related absences. My son did well his freshman year while his sophomore year landed him in the hospital for two weeks. He too had his difficulty in Spanish, but once he told the Prof he had a 504 plan, his absences were excused. Good luck. This can be a trying time for you.