Litigating discrimination against disabled students

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How has disability abuse in action or attitude affected you psychologically?

Name: Martin A. Passley
Email: m_passley@hotmail.com
Date: 21 Dec 1999
Time: 08:04:13

Story

I am a 43 year old white male who, on November the 3rd of 1993, found out that I had something called Bipolar Manic Depression, plus some limiting physical disabilities. But by far, the worst of the two is the emotional disability which has caused me to be very dysfunctional all my life. The funny thing about it was that I never knew there was any thing wrong with me. I always thought it was every one else that had a problem. Anyway, that is another story!

Once I found out that I was disabled I started the long process of rehabilitation. I located a state rehabilitation agency and applied for help and was accepted. But not without some resistance from the agency. However, I persevered and got enrolled into a vocational school for electronics with the begrudging assistance of the state agency. While I was attending this school, I was still receiving therapy and attending doctor's appointments to manage my disabilities.

My therapy and appointments conflicted with my class schedule due to a very strict attendance policy at this school. When I approached the state rehabilitation agency and school officials for a solution to my problem, I was told by both entities that there was no solution. So, according to school policy, my grades were diminished, and I was suspended from school because they refused to accept my disability-related, medically excused absences. This suspension seemed totally unjust to me, so I did some research and found out that this school, because it received federal funds, was suppose to make academic accommodations for me.

So, I filed a civil rights complaint with the Office of Civil Rights Dept.of Education, which found this school in violation of Federal Regulations under section 504 of the Americans with Disabilities Act. Approximately two months after filing my complaint, I was expelled from this school without any written or verbal explanation. I was not in violation of any school policy at the time, so why was I expelled?

One of the things that really discouraged me was that, according to Federal Regulations, the state rehabilitative agency that was sponsoring me at this school was suppose to make sure that none of the institute;s policies or conduct was discriminating in their nature. The state agency and the school lied to me about my rights as a disabled student and subsequently violated those rights. Even now this state agency refuses to help me go back to school, even though I have been accepted at a major university and am still eligible for rehabilitative benefits.

By the way, at the time of my suspension I had a term GPA of 3.38. This school also has manipulated my GPA on my transcripts, because they are not accurate. The thing I find the most astonishing and discouraging about all of this is that (even with all my hard documented evidence of this violation of my civil rights and the deliberate discrimination of all the disabled students who have, are now or will ever attend this school) I can not find a single lawyer or entity that will help me litigate this case and right this wrong. And I have contacted over thirty so far.

So I ask you! How can we claim we have rights when the laws that protects them will not be enforced by those able to enforce them?

If there is any one out there that can help me with this problem I would be eternally grateful and so would all the other disabled students that would benefit from righting this wrong! On the bright side, though, I am grateful and fortunate that I found out about my disability and can receive treatment for it. So I thank god and those ingenious and dedicated individuals who discovered and developed a treatment for my particular disease. For my kind of disability, just identifying it is half the battle. Thank you for your time.

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