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My son is 18 years old he is diasble he is confined to a wheelchair and a 24hours ventilator.He just started his second year of college in one of his classes the teacher is being descriminatory he asys his ventilator makes to much noise and he suggested taking the class online also he does not want to give his nurse and his note taker a chair.He doesn't want me to do anything he gets embaraessed with other sstudents can i sue the teacher even if my son doesn't want me to???

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By the way, the teacher would not be the one to sue. If your son doesn't like the instuctor's decision, his FIRST recourse is to go to the chair of the department or whomever is responsible for making disability accommodations for the school as a whole. He could pursue an appeal process. THEN, if that's not successful, he would sue the school.

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The instructor is WAY out of line. Your son is entitled to reasonable accommodations and/or modifications of policies in order to enable him to attend the class. (You don't say whether this is a public or private college. This would determine what part of the ADA would apply; but, it wouldn't affect the obligation or outcome here.)

Tolerating the sound of a ventilator is not an unreasonable accommodation. You say this only occurs in one of his classes--so, obviously, it does not create an undue burden to have a ventilator in class. Students with ventilators attend college throughout the country. This is not a legal basis to exclude a student from a college classroom.

Providing an extra seat for a notetaker or nurse also is clearly a reasonable accommodation or rule modification needed to enable him to attend class. The suggestion that he take on-line courses is ridiculous.

Your son should contact the disabled students services office, or 504 compliance office, at the college to work something out. If accommodations are not allowed to enable your son to attend class, he could either file a lawsuit or a complaint with an appropriate state or federal administrative agency against the college. There is a protection and advocacy agency in your state that can provide you with more specific information, legal advice, and/or assistance. http://ndrn.org Use the "Get help in your state" menu.

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Just because they "suggested" the online course, doesn't make that discriminatory.

Of course you cannot sue on behalf of your son. He is competent and capable consenting adult

Every university has a person in charge of diability accomodations. Perhaps your son should discuss the matter. Remember "equal" is the key. you have to be reasonable. If your son's equipment is disrupting the class, which I can't imagine, but if it is, they must provide an equal alternative.

Just a note: It's time to cut the apron strings. Your son needs to fight his own battles. It sounds like he wants to also.

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My son is 18 years old he is diasble he is confined to a wheelchair and a 24hours ventilator.He just started his second year of college in one of his classes the teacher is being descriminatory he asys his ventilator makes to much noise and he suggested taking the class online also he does not want to give his nurse and his note taker a chair.He doesn't want me to do anything he gets embaraessed with other sstudents can i sue the teacher even if my son doesn't want me to???

My 16 year old son has autism and was on the BOCES property and has a one on one aid. He ran from the aid and walked on two employes's cars. They claim that he did a $1,000 dollars worth of damage. He was arrested and chared with criminal mischif in the 4th degree. Who is responsible for these damages?

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