<p><a href=“http://www.boardingschoolreview.com/add-adhd-boarding-schools.php”>http://www.boardingschoolreview.com/add-adhd-boarding-schools.php</a></p>
<p>I forgot to say in my above post, that this would include, when approached under the ADA, modifications of policies and practices including accommodations to test time, test format or presentation, workload deadlines, etc., if such are established by appropriate documentation to be needed accommodations for a particular student’s disabilities, so long as they do not substantially change the purpose of the test (the substance of the material being tested or assigned). Again, this is pursuant to the ADA, which is similar to the other laws, except the ADA considers all private schools places of public accommodation despite that they are “private” schools, and the A D A doesnt necessitate the recipt of any federal funding to apply. This would apply to all boarding schools, although it appears most either dont know it or dont abide by it, until they get int trouble when a complaint gets filed with the governmental civil rights agencies. </p>
<p>Oh dear…I have complained (more than once) about misinformation stated as fact on this site, and here I am demonstrating what I complain about. My point about boarding schools not subject to the rules of the ADA is mostly incorrect and my statement about why is wholly incorrect (see <a href=“http://www.ada.gov”>www.ada.gov</a>). There is an exception for schools run by churches. However, it does appear (I am now trying to avoid categorical statements) that several states have their own ADA style laws which deny the opt out to religious schools or religious run schools.</p>
<p>All that said, there seems to be considerable divergence between legality and real world practice. My misunderstanding came directly from the statements of veteran administrators at more than one school. I also have observed first hand that some private schools just do not make accommodations whilst others readily do. </p>
<p>I can post links to actual cases against private boarding schools in the past few years prosecuted by the federal Office of Civil Rights (" OCR ") as well as phone numbers etc. if anyone wants to call them. If only we can get the info out to all of the boarding schools, I’m sure they would start complying. Too many of the schools and parents believe that they don’t have to provide accommodations other than those that they choose to provide voluntarily, but this is not true. If the kid needs it and there is adequate documentation, they have to provide it, at the school’s expense–including even stuff like a sign language interpreter for a kid that has hearing difficulties! And they canNOT refuse or rescind admission to kids that otherwise are qualified for the program. If someone files a complaint that admission was denied because of the need for accommodations and the authoritie investigate and find that to be true (including that the authorities would be able to examine records of all those who applied and wre denied and see if there is a pattern of denying applicants who need too much in the way of accommodations), then they will get in big trouble and be subject to monitoring. Despite that they are private and even if they receive no federal funding!! </p>
<p>By the way, this is for ALL states in the USA. Most states also have their own laws. But any boarding school in any state is subject to this, due to ADA is a FEDERAL law and will apply in all states.</p>
<p>Of course, the problem as a parent is: reluctance to file a complaint, due to fear of retaliation against the child attending the school. If only we can get the word out so that the schools simply follow the law, then no parents or students will be stuck having to make the difficult decision re: whether to go without accommodations that they need, or to deny themselve attendance at the school they want to go to if that school doesn’t accommodate adequately voluntarily, or face the stress and fear of retaliation/relationship damage by confronting the school about their failure to abide by the law.</p>
<p>Splokey makes a string of important points. Re: a denial of admission due to disability = has this ever been tried? The acceptance rates of most of these schools are so low that I would think that, absent obvious smoking gun sort of evidence, discrimination due to an applicant’s ADD/ADHD disability would be difficult to prove. </p>
<p>Splokey, do any of the cases you reference include such circumstances ? </p>
<p>A staffmember of an applicable agency sent me just a few cases (including copy of a settlement agreement against a boarding school) but offered to find more. The cases she sent me did not include one like you are referring to. I do have familiarity, however, that when/if a complaint is filed with OCR with an allegation that a school has a pattern and practice of denying admission due to disability or accommodation needs, then OCR will audit the admissions records in order to see if a disproportionate number of applicants with disabilities or who requested certain accommodations were denied; if it is disproportionate (ie., if 90 percent of all applicants are denied but 99 percent of those with disabilities or certain accommodation needs are denied) – and if the stats make it look like that, such often will make OCR conclude there is discriminatory practice occurring. Even if that is not found, we may assume that after being investigated, the school will make more effort to make sure it does not discriminate because they will be made quite aware of the law at that point.</p>
<p>By the way, actually anyone can make a complaint, even if they are not related to the student and have no tie or relationship with the school. Any complaint filed by anyone will be investigated by OCR but only if the complaining person seems to have some reasonable basis for their allegation. You don’t have to be a person who is related to the person(s) who suffered the alleged discrimination / denial of accommodations / etc. – you just need to have good basis for your belief that the school is violating ADA.</p>
<p>Very useful information. I do know of several instances where students were diagnosed with ADD or ADHD, then not given accommodations by schools (not boarding schools, private day and charter), which prompted the families to place their children elsewhere. There was strong suspicion but no proof that at least one of these schools behaved this way deliberately, to incentivize the students to withdraw. The practical problem, of course, is that families are seeking the best education possible for their children RIGHT NOW, whereas a legal case is not so time sensitive and could take years. Filing a formal complaint in such cases would certainly be a blow for justice but likely would not serve the families’ primary goal. </p>
<p>OCR is an administrative route, free, and does NOT take years. They respond and begin investigation within 30 to 60 days. Often once they open the investigation, the school will do the right thing. (A private lawsuit is also possible, and that is what would take years.)</p>
<p>Although people too often don’t have a wish to “get involved”, I wish some of the parents/students who “moved on” would voice to the schools that behaved inappropriately regarding their need for accommodations, would send information to the schools that did so to inform them that it was a violation of the ADA. That might help the school NOT do it to the next person who comes along and needs accommodations.</p>
<p>By the way, regarding charter schools, right on the fedral OCR website they have new information specifically shouting out at charter schools that they cannot discriminate in admissions based on disability or need for accommodations. That is there because they have received many complaints recently against charter schools.</p>
<p>What happens to the student’s academic record before an investigation prompts accomodations? Let’s say an ADHD kid is not given accommodations, investigation begins and school adjusts as a consequence. However the student’s grades have suffered significantly before or during the investigation and prior to the initiation of accommodations. Is there any protection in such a situation?</p>
<p>Any sort of redress is possible, potentially. Federal OCR actually asks you what type of action or result you would like to obtain to remedy the situation…this is one of the intake questions on their intake form for filing a complaint (which is free to do, and can even be done online through their website). Anything fair and reasonable could be ordered to be done. (But monetary damages are only available through a private lawsuit…unless the school agrees to pay something, through a settlement… But there is actually precedent for something like repeating the school year without having to pay tuition for the do-over, the school needing to let the student repeat the year tuition-free!)</p>
<p>Chapeau to splokey for all this information! I hope jyc1230 the OP has been tracking this exchange.</p>
<p>My hope is that some brave souls who have kids who have been denied certain accommodations , or who have been told by their school that only certain accommodations are ever available to anyone, such that the parent/student didn’t even bother asking for accommodations that are not on the school’s “accommodations available at our school” list, will share this information (or get someone else to share it) with their private day and/or private boarding schools. The administrators of the private schools usually belong to private school organizations, many of which have “trade” meetings over the summer, and I bet that the administrators of different schools socialize at least a little at those meetings. If the information gets out and some of those school administrators start talking about it, it will probably get around to most or all of the private schools that they better look into this because it’s a legal risk for them to be violating the law, especially if parents start to get more knowledgeable and file complaints with the ADA-enforcing governmental agencies. (And if they research it they will find that a few private schools have already been prosecuted and gotten into big trouble, although of course those private schools try to keep that quiet.) My hope is that if word spreads, at least most of them will correct their ways, for everyone’s benefit. </p>
<p>HERE IS A COPY AND PASTE OF PART OF A REPLY SENT TO ME BY AN ADA-RELATED AGENCY: </p>
<p>" A private nonreligious school, at any level of schooling (preschool, elementary, high school,
or higher; as well as a specialty trade school, etc.) who does NOT receive even 1 penny of federal money is
nonetheless covered under Title III of the ADA as a place of public
accommodation and as such must provide reasonable modifications to policies,
practices and procedures.</p>
<p>DOJ Highlights (a straight forward way of explaining obligations)
<a href=“Redirecting…”>www.ada.gov/t3hilght.htm</a></p>
<p>Title III Regulations
<a href=“Redirecting…”>www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm</a></p>
<p>Sample Cases" (I can provide other cases as you wish):</p>
<p><a href=“Redirecting…”>www.ada.gov/carsonlg.htm</a></p>
<p><a href=“Redirecting…”>www.ada.gov/nobel_learning.htm</a></p>
<h2>Here’s a few more links (some more helpful than others; some with more new/different info and others just repeating/reinforcing the same info) that may help everyone see some of the points I’m hoping that private schools (and parents) can get informed about:</h2>
<p><a href=“http://www.pacer.org/publications/adaqa/school.asp”>www.pacer.org/publications/adaqa/school.asp</a></p>
<p><a href=“National Association of the Deaf - NAD”>www.nad.org/issues/education/other-opportunities/ada-obligations</a></p>
<p><a href=“http://www.texasprojectfirst.org/ADA.html”>www.texasprojectfirst.org/ADA.html</a></p>
<p>assets.wne.edu/162/8<em>arti</em>How_Priv.pdf</p>
<p><a href=“http://www.kidsource.com/kidsource/content3/ada.idea.html”>www.kidsource.com/kidsource/content3/ada.idea.html</a></p>
<p><a href=“http://www.nond.org/NOND-FAQs/files/51846a0b0d2f212fbe8e131dbdf01993-6.html”>www.nond.org/NOND-FAQs/files/51846a0b0d2f212fbe8e131dbdf01993-6.html</a></p>
<p>Here’s a link to one more case settlement. All of these cases/issues would be equally applicable to any type of documented disability and disability accommodation needs, including learning disabilities and ADHD within the context of academic-related accommodations in any type of school at all, including any U.S.A. private day or boarding school. Here’s the additional case link, which I think also shows that for the school to establish that the accommodation is too burdensome is pretty tough (and the school has the burden of proof) insofar as these cases show that pretty substantial (inconvenient and expensive) accommodations were NOT deemed as burdensome enough. It’s difficult for me to imagine an academic-related accommodation that a private school could prove is too burdensome, under these difficult ADA standards.</p>
<p><a href=“#07-491 : 07-10-07 Federal Agreement with Utah College of Massage Therapy will Ensure Effective Communication for Students with Disabilities”>www.justice.gov/opa/pr/2007/July/07_crt_491.html</a></p>