Reply to Kid with educational report and accomodations - what obligations do private schools have

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[quote=Anonymous][quote=Anonymous]NP.

So much misinformation about private schools on this thread.  All schools - private and public - must make reasonable accommodations for disabilities under both Section 504 of the 1973 Rehabilitation Act (if the school takes federal money or has some connection to programs or activities under the executive branch) and under the Americans with Disability Act (applies to all public and non-parochial schools and even includes private Catholic schools to a varying extent, perhaps depending on whether they take any federal money or benefit, which many do.)

Under Section 504, a person is disabled when they 1) have a disorder that 2) substantially limits one or more major life activities. This analysis is also applied to ADA disability eligibility.

In the 2008 Amendments to the Americans with Disabilities Act, Congress made clear that "substantially limits" should be considered broadly and inclusively.

A person who meets these two tests is considered "eligible" for disability accommodations.

The analysis of accommodations flows first from an analysis of the students needs.  Then the school and the parent can discuss what kinds of reasonable accommodations could meet those needs.  Sometimes there are different ways of meeting a need that are equally effective and reasonable -- in that case, the school might prefer one over another and still be legally compliant.

But, what a school cannot do legally is say "we do not accommodate".  Schools and other establishments also often turn out to be wrong about what is legally considered "reasonable".  Even things that cost staff, money or time can still be considered "reasonable".  Schools also can't say, "we only provide X accommodations for that diagnosis or wont' provide X accommodations unless you have Y diagnosis" because the analysis stems from the needs of the disabled person and are not formulaic based on a type of diagnosis or disability.

As a tutor, I can personally say private schools of all types in the DMV offer accommodations -- from the top 3 to progressives to religious -- because they are legally obligated to do so.

What private schools do not have to do, but public schools do have to do is provide "specialized instruction" as required under the Individuals with Disabilities in Education Act (IDEA).  That is the law that requires public schools to offer a Free Appropriate Public Education (FAPE) to every child (including the undocumented or non-citizens).  IDEA details what has become known as the IEP process. To get an IEP a student has to 1) have a disorder that 2) has an adverse impact on education and 3) requires special instruction.

Special instruction is a change in instruction.  For example, dyslexic students need a different type of reading instruction, i.e. "special instruction".

Accommodation is a change to the way that the general instruction is delivered or assessed -- extra time, copies of notes, test on paper, frequent breaks, particular seat placement, time to go to the nurse in particular situations, etc.

See more information here:

https://www.congress.gov/crs-product/R48068

[/quote]

You completely ignored the actual question, so this wasn't helpful at all.

OP is asking. The school is in fact giving accommodations - "School has given her more time on tests".

OP wants "lesson materials be provided in advance from the school".  Most schools would find that unreasonable. A teacher might not know in advance what is being taught because it often depends on how well the majority of the students understood the previous lesson. Sometimes teachers needs to circle back and re-teach something particularly in math. [/quote]

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