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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]My kid’s university has rejected an ADA accommodation request related to a new illness. Because this is a new illness-related disability, we don’t have any experience with legal representation under the ADA. Can anyone here recommend a lawyer or a firm that you’ve worked with to advocate for accommodations in higher education? Or even just the name of a good firm that’s known for ADA advocacy would be a good start and more than I have right now. [/quote]

OP here: my son’s university requires all undergraduates to live on campus for four years. He is seeking exemption from the housing requirement due to depression and anxiety tied to on-campus living associated with a new and ongoing physical illness (documented and supported by his psychologist). A housing exemption is defined as a reasonable accommodation under the ADA. [/quote]

Did disability services offer an alternative accommodation? What do the doctors think of that alternative?[/quote]

They did not — they said a case could be made for a private bathroom if more documentation was provided (this is after three letters including one from a highly qualified GI specialist outline the diagnosis and symptoms).

Doctors were not happy with the answer, and one is planning to write a follow up telling them as much. [/quote]

It's very clear that many school offer an "on campus housing" exemption.  I'm assuming that you and your DC have looked very carefully at housing options, and there's nothing already offered that would work (single room with private bath, w/ or w/o suite mates? or private apartments already offered to married or graduate students?) - it might be easier to ask for something that already exists on campus housing and break the rule of "only for grad students" than get the school to provide an on campus housing exemption.

Generally speaking disability law says institutions must accommodate the disabled "if these requirements have a discriminatory impact on a student with a disability. Educators, however, do not have to waive or change the requirements if they are essential to the course or if the changes would fundamentally alter the program. This should be determined on a case-by-case basis by consulting with the educator and reviewing the course description."  Note - 'case by case basis" is important.  It means your DC's situation must be considered individually - what he specifically needs - and can't be rejected because the school "never does that" or only does that for XYZ diagnosis.

So, my focus on responding would be 1) the requested accommodation does not fundamentally alter the college program (especially because seniors are already allowed to live off campus - are others allowed to live off campus like frats?) and 2) the accommodation offered by the school doesn't meet the need of the student -- so get the doctor to explain why a single room with a private bath doesn't meet the need created by the medical condition and detail what problems off campus housing solves that on campus housing can't.

Are you dealing with the head of Disability Services or some underlying in disability or someone in housing or other non-disability knowledgeable office? If the refusal to provide the exemption has been done by anyone other than the head of disability services, be sure to forward the refusal and all documentation as attachments and address your response to the Director of Disability Services with a CC to others who have been involved and heads of appropriate offices.  Re-explain briefly the facts of the disability and the refusal of the accommodation request.  Say that you believe that, by denying the on campus housing exemption request, the university is "out of compliance" with respect to disability law (ADA and 504) and that you would like the disability services office head to offer expertise and support to "bring the school back into compliance" and if not you would like to be provided with information about what grievance procedures are available.  Close by saying "We look forward to solving this with you collaboratively so that we do not have to resort to our "due process" options."

BTW, since this is college, you might have to get your kid to send this letter instead of or in addition to yourself, because TBH, it is his right you are asserting.  You could do that when he was under 18, but not really over 18 unless you have paperwork that he has signed.

You should know that one of the underlying drivers of how universities do/do not respond to off/on campus living accommodations might be the question of who is responsible (i.e. liable) should the student have serious problems - suicidality, self-harm, isolation, inability to self-care, etc.  It is a real dilemma -- OTOH, campus housing def might make depression/anxiety worse.  OTOH, at least there is "eyes on" a person when they don't appear for several meals in a row, or aren't socializing or interacting. OTOH, a university might be *more* liable should the student have problems when the student is on campus.  So, part of "resolving this collaboratively" might be an off campus housing exemption with a written acknowledgement that the university bears no responsibility for the student's welfare off campus (none more than for a senior with an exemption) or that the student has XYZ support (therapist, periodic check in with disability advisor or whatever). [/quote]

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