Legal Question in Disability Law in Pennsylvania

Re: Testing Accommodations

You asked about an accommodation that a teacher disagrees with.

Absolutely not. An accommodation in some circumstances may appear to favor a student where it in fact merely levels the playing field. The spell checker will not help the student choose the right word, and in some cases could in fact, cause the student to use the wrong word. Would the instructor believe it unfair for a student with an extraordinary memory to be at an unfair advantage in the class?

The teacher will lose the fight. And simply engaging in the fight may be enough to expose the teacher and the institution to claims under the ADA. Given the ADA Amendments Act of 2008 the teacher will lose very big and any action controverting what is an in-place accommodation will expose the institution to potential actual and punitive damages in addition to payment of legal fees.

In no circumstances may an instructor/educator challenge a an educational plan or accommodation. When invited, an educator can participate in developing or refining a plan or accommodation, but raising the issue in itself would be an unlawful adverse discriminatory action. It is not the educator's place to raise the issue. She can only accept the situation as given.

If this is a query from the teacher, apologize to the student and never mention this matter again. Period. If this was from anj administrator, the institution should make a note of the possible discrimination and in both the student's and educator's records and handle the matter appropriately (such as a mandating retraining on disability and accommodation policy). If this is from the student, then bring this matter to the attention of the institution's compliance officer immediately, and potentially an attorney.

Regards,

Roger