Can a public school keep a student in a wheelchair from attending?
My son recently had surgery to remove a tumor from his lower leg. PArt of the bone was removed and he cannot put any weight on the leg. The doctor has given him a prescription to use a wheelchair for a few weeks until he can use crutches.
His school sent us an email today saying that do not want him returning until he can use crutches or walk. They school has a elevator and is accessible.
Can they keep him from coming to school because he is in a wheelchair?
Tags: attending, from, keep, public, School, student, Wheelchair
May 2nd, 2010 at 9:34 am
if they are concerned for his safety / best interest yes….. but if it is discriminitory no, of course not. but it is probably for thesaftey of him and conveince of teachers.
May 2nd, 2010 at 10:33 am
No you should sue them. No offense but have you heard of the no child left behind act. You should(sorry for the language) sue them bitches.
May 2nd, 2010 at 11:32 am
Hi, (if in the UK), the school, by law, cannot discriminate against him. He is currently covered by the Disibility Discrimination Act 2005 (DDA 2005), which states that he has a right to an education, the school cannot discriminate against him. He is classed as ‘extenuating circumstances’ as he is temporarily disabled. They school has to either provide a home tutor or allow him into school if he is able to go and if the school is readily accessable to him.. which you said is as it has elevators etc.
Best thing is to phone or visit the school headteacher and discuss the case, saying things like your son wouldn’t benefit being away from his class mates for that long period of time, he needs the familiar routine, etc… If they still say no, contact your local authority which can put you into contact with the local Ofsted.
Good luck.
May 2nd, 2010 at 12:28 pm
Since the school is accessible, then no, the school cannot stop him from attending. It would go against the ADA (Americans with Disabilities Act). The only reason that they wouldn’t be allowed for him to attend was his safety, or possibly, they don’t have the staff available to help him. However, it sounds like his disability will be a temporary thing. All he may need is a temporary change of schedule to keep his classes closer together, be dismissed from class a few minutes early to have enough time to get to his next class, or worst case, a tutor (which the school should provide). I would talk to the administration about this. If they refuse to comply, then you can look into further actions.