If my school allows me to repeat an exam because I did not receive adequate accommodations for a learning disability, does this set a precedent so that all other students must get the same consideration?

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For protection, advocacy, and legal assistance, contact your state National Disability Rights Network. Be sure to click on your state so that you get relevant and timely information. For assistance with the ADA, contact the Americans with Disabilities Act Technical Assistance Centers. Learning about the ADA Amendments Act of 2008 will help you to understand how the ADAAA broadens coverage for many individuals. Yes, the ADA Amendments cover major life activities that can be limited by learning disabilities (for example, learning and concentrating) and provide protection for you.

Support and Activism

For connections with people with disabilities in your community, contact your local Center for Independent Living. Also, contact your local adapt organization to learn about activism.

Under the ADA, qualified students with disabilities are dealt with on individual basis. If an appropriate accommodation is for you to retake an exam, that does not set a precedent or mean that the option has to be offered to all other students.

If there are no clear procedures for requesting accommodations, you have grounds to complain to the school administration and to the Office for Civil rights (OCR), if you so choose. If there are clearly stated procedures for requesting services and you followed them, but were not given appropriate support, then you can appeal that decision both internally and externally, again, through the Office for Civil rights (OCR).

If you did not follow the stated procedures, then you are on less solid ground. Even so, if you repeatedly asked for help from your faculty for a learning disability, they should have referred you back to the Disability Services office at your campus to for support and formal accommodations.


Disclaimer: The National Organization of Nurses with Disabilities (NOND) does not offer legal advice but NOND does offer resources to help you understand your rights, protections, and responsibilities within various Disability Rights Laws.