Legal Question in Disability Law in California

Equal access for disabled student

School officials are requesting I not unload my disabled 6-year-old child at a drive through area other students are dropped off at or the bus parking area next to this. These areas are closest to her classroom. Also her class attendants are available here to supervise her walking with her walker to class along with other disabled students getting off the buses. The only handicap parking space is in a rear parking lot on the opposite side of the property from her class requiring a substantially longer walk and which requires me to unload my other two minor children to accompany her to the classroom. Does this constitute discrimination because of her disability? Does the law require she be able to use the same access as others?


Asked on 4/05/04, 2:54 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Equal access for disabled student

It is an issue that should be easily negotiated to your satisfaction, since schools are required to reasably accommodate. If they won't listen to your reasonable request, you may have to get your attorney involved.

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Answered on 4/12/04, 4:46 pm

Re: Equal access for disabled student

The law requires a reasonable accommodation to your child's disability. What is reasonable depends on the facts of your case. You and the school both have a duty to negotiate in good faith to reach a solution that meets your child's needs without imposing too great a burden on school operations. Talk to them and try to be creative to find a solution.

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Answered on 4/13/04, 1:59 am


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