Can my instructor dismiss me with a disability?

Okay, So I have had a documented learning/mental disability since I was 12 years old. This has followed me through high school. I had a 504 plan in high school and have recent documentation of behavior health center visits. The problem is my art instructor won't give me a break what so ever for extended time for turning in work for this class. I have four classes, two of them art, and even one of my art teachers was just understanding enough to give me a break, but this is a documented lifelong disability that I have. I asked the instructor if you can give me extra time, he said that I must turn it in for a lower grade regardless of disability because it says in his syllabus that any health problems are not accommodated. Can he do this or is there a law under American Disability Acts that requires extended time if needed. I have been stressing out left and right as I am in the middle of finding a new psychologist (wait list), and have to take anti-psychotics daily just to live and be healthy, stress does not help this. Is he allowed to be this kind of dismissive? Is this discrimination against my disability?

My son's IEP said specifically that he could turn in assignments two weeks late. If your IEP doesn't specify that and you feel you need the extra time you can ask for a meeting to review your IEP and they must have the meeting. I think they are required to have the meeting within ten days of your written request if things are still the same as when my son was in school. Good luck.

the answer to your questions depends on many different things like is this at a high school or is this a college? high school iep's and 504's dont follow a person into college.

if this is a college class yes instructors can require their students to turn in their work for a lower grade if they dont get their work in on time. college instructors can also not give that latitude of a lower grade for work turned in later then the assigned date, college instructors can also require their students to get their work in on time or not get graded at all for the late assignment.

basically ADA is a law that says the handicapped can not be discriminated against (ie a college professor cant kick you out of the class because of your disability, they cant make fun of you because of your disability..) and gives the disabled equal opportunity and accommodations that will help the person meet the same expectations/rules that normal people do.

examples

if the college student is deaf they can get the class notes in written form so that they will be able to do their work and get their work in on the same deadline that normal students must.

if the disabled student needs a tutor or reader or someone to write that will allow the student to get their work in on time the instructor must allow it.

ADA doesnt exempt a student from the same rules that normal students have. it just is a way for students with disabilities to be able to meet the same standards/rules as the other students.

that means if other students who get their work in late in this class are subject to getting a lower grade for their late work then the disabled person has the same standard when they get their work in late.

maybe you can look into getting a tutor that will help you write up your papers, help you do the homework, research, what ever it is that is causing you to have to get your work in late because of your disability. most colleges have a tutor/disability assistance office.

Is this high school or college? The laws are different I believe. Colleges may not necessarily be held to federal law on accommodations, but I am not certain about that. It may also depend on private vs. public. Do you have an accommodation plan on file at the college if that is where you are? If not, you don't have much of a leg to stand on. Try to get one put in place.

I know at one of the Universities I teach at, I do definitely allow students extra time if they have an ADA form that is filled out through the school.

Is it college? Have you filed your disability with the disabilities office? Is your psych evaluation current (or was it done years ago)?

How is your disability affecting your ability to finish your art project? I can't really say anything more without more information, but I am wondering why they won't grant you extended time?

In working with the disabilities offices at several schools, having a disability on file and working with the office is designed to help provide accommodations (notetakers, recordings, extended time on tests or for projects done in a class period, etc.) to help you do the work on time. The timing of when things are due is up to the professors; they can grant exceptions but do not have to. If you need extended time to take a test or to do a project in a class period, the time can be covered/accommodated for the disability but they still have to be done before or on the due date. Your school may be different, contact the disabilities office to find out the school policies to get help or know where you stand. Otherwise it has been my experience that it is up to the professor if the due date is extended.

Is this college? Elementary/HS IEP's and 504's don't follow you into college. Make sure you are registered with the disabilities office if this is college and go speak to your advisor in the disabilities office there. I've been to about 4 different colleges and have gotten extended time on assignments. But I'm not sure that extended time on projects is a given. I know if it was something that was done during class or a test they have to give you extra time, but I'm not sure on projects. The best person to answer this would be your advisor in the disabilities office or whoever you see there to get your accomodation letters for the current year.