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[quote=Anonymous]Oh I'm way to exhausted to be frothing. 
There absolutely have been cases where private schools have been cited for non-compliance of Title III of the ADA
http://www.ada.gov/nobel_learning.htm
For ADA purposes a disability doesn't have to be in the DSM-V, but it does have to be diagnosed by an OT, PT, or educational psychologist. (Otherwise, people could just make up any diagnosis they want.)
In my daughter's case, she also has hypotonia, a medical diagnosis, which affects the ability to sit upright at a desk and also affects writing, but the ADA has just issued a recommendation that the definition of the disability NOT be too rigid, that the focus be on assisting the child rather than questioning the legitimacy of the disability.
I won't be suing, I'll be making a complaint to the Department of Justice--it's a little different. 
Anyhow, I'll let you know how it turns out! Even if they decide not to investigate or don't rule in my favor.
http://www.ldonline.org/article/6108/
http://www.ldonline.org/legalbriefs/c682/#34
Can a private school refuse to accommodate a child with a disability?
Our child is going to a private school and has a reading difference. We are doing everything they ask. They have said they cannot accommodate her next year. We said we will do whatever it takes to keep her there. We all love this school. Also, she has a twin sister who is doing well. They are in second grade. Do we have any recourse legal or otherwise under No Child Left Behind?
Your question addresses the decision by the private school that your child attends, that they can not accommodate her and will not allow her to return next year. Under the Americans with Disability Act, private schools or places of public accommodation must refrain from public discrimination and provide "reasonable" accommodations to persons with disabilities. The only exception for private schools is for those that are religiously controlled, in which case the Federal disability rights laws do not apply.
However, in some states and localities, state and local disability rights laws do apply to religiously controlled private schools, which may also be a source of protection. However, the fact that your child has a disability and is entitled to reasonable accommodations it is not something that is an automatic entitlement.
Rather, you must provide documentation of the disability, request formal accommodation, and give the school an opportunity to respond. If they determine that the accommodation is unreasonable, they may refuse it. You have the right to appeal these decisions, both with the school and [/quote]

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