A violation of the Americans with Disabilities Act is a violation of your civil rights. You can most likely sue if a school fails to provide reasonable disability accommodations.
The ADA is meant to ensure that people with disabilities can fully participate in all aspects of life. Almost all types of businesses that serve the public, regardless of their size or the age of their buildings, must follow the ADA.
Schools in the Context of the ADA This includes physical accessibility, communication access, and equal participation in all educational programs. Complying with ADA requirements is not only a legal obligation for schools but also a moral responsibility.
The ADA does not apply to religious organizations and private clubs, entities which historically have been exempt from federal civil rights laws. Places of worship and other facilities controlled by a religious organization, such as a school or day care center, are not subject to the ADA Standards.
If you think you were discriminated against on the basis of a disability, your best initial course of action may be to file a complaint with the Office of Civil Rights. They'll investigate the situation on your behalf and try to reach a resolution with the school.
Thanks to the passing of the ADA in 1990, government funded schools are now required to be ADA compliant, making the days of carrying classmates up and down the stairs a thing of the past.
Children with seizure disorders or autism may need to be accompanied by their service animal but the school may try to deny it. Children with vision or hearing difficulties may be left out of activities that the school believes they wouldn't be able to participate in.
A lack of interest in providing health care or medical interventions based on a perception that the child may not be worthy of care. Negative assumptions based on the child's disability and quality of life.
Below are some examples of direct discrimination: A parent rings a school asking about admission for a child with cerebral palsy. The secretary says, “We don't take disabled children.” A deaf young person is not allowed to take part in a workshop run by a visiting orchestra, as “Deaf children won't benefit from music.”
Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.