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ASK THE ADVOCATE by Steve Glink Click here to find out more about Steve Return to this month's newsletter Return to Ask the Advocate Archives To ask our advocate a question, email here This Month's Question:
I was wondering what exact guidelines a
public school has for handicap seating at school events? I am in a
wheelchair and they do not allow me to be able to set with the rest of our
student body. I am actively involved and I think that I should be able
to sit in the same areas as everyone else? If you could just let me know
what my rights are I would appreciate it!
Thanks!
Dustin
Dustin: Thank you for your inquiry. This sounds
like a very unique and intense situation. Here is what I can tell you. Under
the Americans with Disabilities Act and section 504 of the (federal)
Rehabilitation Act, public schools are prohibited from discriminating based
upon a disability. Section 504 requires that the discriminatory act be based
"solely" upon the individual's disability. There are other various
legal requirements to be protected under these laws (i.e., the disability
must substantially impair a daily life function) and those issues are
often contested factually. Your state law also probably has similar
anti-discrimination laws. I will assume for the purpose of this response
that you are eligible for protection. The law requires the school district
to make "reasonable accommodations" in these situations. There is
no precise definition for the term reasonable accommodation. That is
determined on a case by case basis. The real issue is why do they prohibit
you from sitting with the rest of the students?
Here are some suggestions: 1. you can file a
complaint with the U.S. Justice Department in your local area. They may
refer you to the Office of Civil Rights, the Department of Education or one
of their other departments. You can also file a complaint with your city or
state Human Rights Department. You can also retain a lawyer privately.
Please be advised that nothing contained
herein should be construed as a definitive statement that you do or do not
have a case. I hope that this is helpful and I wish you good luck.If you
would like to discuss your case further, please call me at 847/480-7749.
Steve Glink
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