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Thursday, Oct. 22nd 2020


A theme that exists in many of the appeals our firm handles on behalf of students facing dismissal from their educational programs is the existence of disabilities—diagnosed and undiagnosed—in those students.  Many students with disabilities facing dismissal from their undergraduate, graduate, and professional degree programs bring their disabilities to the attention of their program’s personnel prior to the dismissal decision being made or finalized, yet too often, the relevant school officials simply ignore or minimize students’ disabilities and how those disabilities impacted the students’ performance in their programs.

Federal disability rights laws such as the Americans with Disabilities Act and the Rehabilitation Act of 1973 strictly prohibit disability discrimination by both public and private universities and their educational programs.  Federal disability rights laws have specific definitions regarding what constitutes a disability, and those definitions have been interpreted countless times by courts across the country.  Many conditions have been found by courts to be disabilities under relevant federal law, including: ADD/ADHD, generalized anxiety disorder, depression, dyslexia, chronic migraines, hearing impairment, along with many other cognitive, mental, and physical conditions and impairments.  Students with disabilities may be entitled to appropriate disability accommodations from their schools.

A student with disabilities facing dismissal has every right to bring to the attention of the program the student’s disabilities and how they may have caused problems for the student during his or her period of enrollment in the program.  Schools ignore at their peril such information from students with disabilities facing dismissal, as some federal courts have issued rulings in favor of students in those situations who were still subsequently dismissed by their programs.

If you are a student with disabilities facing dismissal from your undergraduate, graduate, or professional degree program, and you are seeking assistance in challenging that dismissal, you may request a free initial consultation by contacting the lawyers of Cohen & Duncan Attorneys, LLC:

The above post is not intended to be legal advice. 

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