What to do if our daughter attends a vocation school and was told she could not attend next year because of too many doctor appointments?

UPDATED: May 31, 2012

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What to do if our daughter attends a vocation school and was told she could not attend next year because of too many doctor appointments?

Our daughter suffers from muscular distrophy and has had it her whole life. She is 21 now and attends a vocational state funded school. She is also the recipient of social security disability. Today her program administrator told her she could not come back next year because she missed too much time. The time she missed was because of medical reasons.Is this to say disabled persons arent entitled to an education because of medical issues. Her most recent time lost was because she had her throat streched to better facilitate swallowing. Is this discrimination?

Asked on May 31, 2012 under Personal Injury, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would consult with an attorney to represent your daughter who has a physical malady to respond to the school's administration with respect to the position that she could not attend the school the following year because she has had too many doctor appointments.

So long as she is getting the minimum passing grade there seems to be no legal basis for the vocational school to terminate your daughter's attendance there. To do so seems to be improper and discriminatory based upon her muscular distrophy condition. In the private business sector, employers need to make reasonable accomodations for employees who may have a physical impediment. The same should hold true with respect to the private vocational school attended by your daughter.

I suggest retaining an attorney that practices educational law to assist.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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