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Mediate with LH, LLC
Disability claims and institutions
In a learning disability claim episode we will be airing on community television in March we present a case of a failure to accommodate a learning disabled student. A couple of issues are highlighted which may be of interest. Here are a few of the issues:
· An educational facility does have a responsibility to provide education to all students including those with disabilities. Failure to do so hurts the student, which is tragic enough, and can damage the institution it
· Failure to act is just that, failure. Institutions can have the greatest policies and procedures but individual educators responsible for a class can be the weakest link in the chain. For example, do they know enough about disabilities? Do they know enough to call for help should a situation arise? Do they act in a timely manner? Do they understand the risk of ignoring a disabled student? Do they know how to, or where to go for help within the institution and what types of accommodations can be made. For example, do they know about diabetes, that it is increasingly recognized as a disability, and that if they deny the ability for treatment they may in fact not only jeopordize a student but be guilty of discrimination?
· On the other hand, do students with disabilities and or their caretakers and providers fulfill their responsibility of making a disability known to an institution? Learning disabilities are not easily recognized. A student suffering medically significant swings in blood sugar levels due to diabetes may be too embarrassed to make their condition known to their institution until they pass out in a classroom.
· In our episode there is humiliation and embarrassment followed by withdrawal from the school. There is no physical injury. Is that enough for pain and suffering damages in your jurisdiction?
Mediation can and does play a significant role in these types of cases and may be the avenue of choice or be part of the legal process in your jurisdiction. If you are a claimant you need to identify what is most important to the student. As an institution, in our case, interpreted what they heard from the claimant and offered not just money but a chance at rebuilding the esteem of the student. The lesson there is that institutions have to discern what is important to a student and deal with the issues accordingly. Of course institutions also have to maintain a respectful skepticism because not all claims reach the level of discrimination nor the level of compensation being asked for.
