Legal Question in Disability Law in New York
disability and education
My daughter has a condition known as cold urticaria. Basically, she is allergic to the cold. A letter is on file with Special Ed, the principal, supt. & phys. ed. director. Her phys ed teacher forced her to run outside about 15 min on a cold day. He said otherwise her grade would be affected. She is a freshman. She became too ill to attend school the next day. The teacher had been told about her condition by me just that week at a parent night. Another time, the building was so cold her father had to take her home. Do I have any legal recourse or remedy?
1 Answer from Attorneys
Re: disability and education
The school is on notice of your daughter's condition. If anything should happen to her, or her condition becomes aggravated because of the school's negligence they may be liable for her injuries. At this point, however, it does not appear that her injuries are such that a lawsuit is justified.