Legal Question in Disability Law in Illinois

Bipolar/Depression and Education

My daughter was diagnosed with bipolar and later clinical depression. She attended Northwestern Medical School but was dismissed after her 2nd year. Allowances for her condition were not made during the dismissal review. The reason for the dismissal was chronic tardiness to class, not grades. Can anything be done to 1) sue for over $100,00 school loans or 2) expunge the dismissal from her education record or 3) make her medical records be entered in the school records to counterbalance the dismissal? What about lack of reasonable accommodation while in school for depression and also while on crutches with broken leg?


Asked on 9/14/07, 10:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Bipolar/Depression and Education

Reasonable accommodation has to be made for a genuine disability, but that doesn't mean she gets to perform substandard without getting kicked out. She has to fulfill all the essential requirements as a student. Tardiness would not be excusable or attributable to a disability, but to lack of personal responsibility. Tardiness implies she was able to get to class, but didn't bother to get there on time, with the effect that she would not receive all the instructional hours required for her training.

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Answered on 9/17/07, 1:59 pm


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