Legal Question in Disability Law in New York

My 15-year-old son has a speech articulation problem. He has been through a lifetime of speech therapy. Always diagnosed with sever speech articulation, through all the therapy he is now diagnosed with moderate speech articulation. At school this past spring he unexpectedly failed a Spanish proficiency exam, which surprised us (he has always been an honor student with excellent grades including Spanish). Investigating this, the teacher failed him on initiating informal oral speech in Spanish. The school claims that his speech articulation problem doesn�t affect his ability to perform informal oral speech but I disagree. The results of this are significant forcing him to drop two years of Spanish classes and start over with a new foreign language even though he passed the Spanish course. Is this considered discrimination? Do I have a case and how do I proceed?

Asked on 12/01/09, 7:05 pm

Locksley Wade Law Office of Locksley O. Wade

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You (for your son) may have a case under the Rehabilitation Act. Consult with an education attorney in your area.

Answered on 12/15/09, 6:53 am

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