Americans with Disabilities Act and Education

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Manderly

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I was curious about the Americans with disabilities act and if it applicable to educational institutions.
I am a student at a private university.
I am also 40 years of age.
I have a diagnosed anxiety disorder that I have been getting treatment for, for about 20 years. I am happy to report I feel I have improved greatly. In that time I have achieved 2 Assosciates Dregees, a Bachelors degree and a Masters degree. Also I have held my same job in community mental health for 16 years with great performance reviews. I am currently beginning my 4th year of Doctoral school.
Here is my problem. Because of my anxiety disorder (which I do not make public knowledge of because I am aware of the stigma it has) I can tend to be very quiet in class and have constant tremors in my hands in voice regardless of the setting. I have never asked the school for any accommodations and still prefer not to.
During some extremely stressful events in the past few years I guess my "nervous nature" showed through a bit. Upon inquiry from my academic advisor about why I looked so tired in class and did not participate in class discussion (which is extremely difficult for someone like myself) I told him very briefly about personal circumstances (custody case for my stepdaughter, still working full time, and financial strain). He advised me to let my other professors know about these issues so my "behaviour" (mainly the tired look on my face) could be accounted for and they wouldn't be quick to interpret all that as lack of interest. I never fully disclosed too much because I don't like "excuses" but I did mention court and concerns about money for school due to high attorney fees.
Since then I have been labeled as anxious or having trouble dealing with my anxiety on my factuality evaluations. I blew it off the first time because I thought it would pass. But it was done again and the comments are always derogatory in nature. If the word cancer was used in place of the word anxiety I would be on my death bed and anyone with common sense would be outraged by the remarks.
My question is: Is there anything I can do about it from a legal stance? I don't want to sue the school or cause a big tado but I was hoping there was legal statute (I think that's what it's called) I could enclose with my review when I have to return it with my signature.
I feel what they are doing is placing a stigma on me that can negatively affect my next two years of school as well reduce my chances of internship. I don't think, and certainly hope, it is intentional but it simply has to stop.
I live in Illinois if that effects anything legally.
Thank you for your help.
 
The law has been very clear. You don't get to have it both ways. Either you identify yourself as disabled and ask for accommodations, or you don't identify yourself as disabled and don't get any accommodations. You don't get to keep your disability to yourself and then sue for not accommodating you.

Even if you were to self-identify now, any accommodations would only be on a go-forward basis. Since you chose not to inform the school of any necessary requirements or special treatments, you can't sue them now for not providing them.
 
ADA Coordinator for educational institutions here. Yes, there are laws which protect students with disabilities even beyond ADA. However, and this is a huge however, you must be diagnosed and share that diagnosis with your school in order to receive accommodation. Whether you qualify for a 504 plan or under IDEA or even ADA, remains to be seen. Typically those laws require that you not be prevented from accessing educational opportunities and I'm going to be blunt but if you are a doctoral candidate, it is going to be nearly impossible to show that your disability is interfering with your access to education. No law entitles a student to the perfect educational experience, just one which is "appropriate". Also, like ADA, not every condition qualifies for accommodation.
 
Not the adjective I would use... and it isn't my only role at either employer. But yeah, I've handled all ADA/disability compliance requests for both a school system and a university for over a decade.
 
Well, I found Elle's post informative and well-stated. Thanks.

I was thinking along similar lines when reading OP's post, but, mine came from common senses and what little I know about ADA regs as they relate to public administration - and i could not have articulated it so well and so succinctly.
 
Thank you for replying to my question. Also I'd like to make it clear that, as I stated above, I had/have zero interest or intention in suing the school. I just didn't know where I stood because I did not disclose having a "disability" but I don't see myself in that way regardless of the diagnosis. I just didn't think they had the right to continue to infer that I have some kind of anxiety impairment and was looking for a way to peacefully and politely address the topic as it does close doors having that label follow you around.

I understand what you are saying about not having it both ways because then any place of employment or academic setting could get tricked into legal problems and that's not right. One the other hand I can understand why people don't disclose disabilities either. We would all like to think that our society has evolved enough and has been educated enough to not make snap assumptions about others but sadly that is not the case.

Thank you again for your time.
 
Thank you for responding. I appreciate your input greatly. I didn't want to ask for special accommodations. I simply wanted to try to get advice on how to approach the topic with my advisor. It does concern me to have that "anxiety label" in my records because even in doctoral school the stigmas run wild. Sad but true.
Anyway, I am very appreciative of your time. I apologize if I was unclear in my original post.
I'm looking to sue or have special accommodations.
I am very proud of how far I've come.
I guess it may be best if I say nothing to my advisor, it would probably stir up more problems than resolutions.
Thank you again
 
Have you thought about how you are going to act when it comes time to defend your dissertation? Depending on the process at your university, this can be a very public and very challenging process where you will not be permitted to sit back or collapse within yourself. Yes, I imagine there can be some accommodations to make the process a little less public, but, I imagine they can't just give you a pass on your defense. Maybe, if it's permitted, they can allow you to conduct your defense in writing as opposed to a more confrontational manner, but, that would be something to bring up with your adviser and would almost certainly require medical affirmation of your condition.
 
My biggest struggle is the tremors when it comes to the public speaking. I am very fortunate that my chair and my reader are both very compassionate individuals as well as being highly respected in their fields. I have already sought outside sources (a CBT therapist that specializes in anxiety disorders) to work with in preparation. Luckily my career goals in the field will have little to do with the public and more so with research. Thank you for asking :)
 
:eek::eek:

Manderly said:
Thank you for responding. I appreciate your input greatly. I didn't want to ask for special accommodations. I simply wanted to try to get advice on how to approach the topic with my advisor. It does concern me to have that "anxiety label" in my records because even in doctoral school the stigmas run wild. Sad but true.
Anyway, I am very appreciative of your time. I apologize if I was unclear in my original post.
I'm looking to sue or have special accommodations.
I am very proud of how far I've come.
I guess it may be best if I say nothing to my advisor, it would probably stir up more problems than resolutions.
Thank you again
Click to expand...

I just reread this reply and I made an error I'd like to correct.

"I am NOT looking to sue have special accommodations."
 
So you don't want to identify your condition to the school, you don't want any special accommodations, but you do want the law to force them not to notice or remark on any symptoms despite how it may be affecting your studies or their perceptions of such.

I see.
 
I don't want the law to do anything to them or for me. It was a simple question that apparently got blown out of proportion. I have been respectful and polite in discussing this. So I am not sure what you are implying with your last remark.
 
If you aren't looking for any of the logical solutions then it is hard to figure out what your question really is. You have given them perfectly logical and non-medical reasons for your behavior and it is fair for them to comment on those if they are affecting your performance. Anytime a student's personal life interferes, it is worth noting. That you may have a medical condition, whether or not it meets the threshold of a disability, which may be also playing a role or being aggravated by your personal circumstances is secondary. If you have made it through this many years of schooling accommodation free, the odds that this would now qualify for an accommodation are remote. Not impossible, but far from likely.

I do think that you overstate the stigma involved, especially as far as education is concerned. You are far from the first student to suffer from anxiety. Trust me. There are also privacy laws which protect knowledge of your medical information.
 
Is there anything I can do about it from a legal stance? I don't want to sue the school or cause a big tado but I was hoping there was legal statute (I think that's what it's called) I could enclose with my review when I have to return it with my signature.

It is hard for me to see how to interpret this as anything but wanting the law to take a hand in the situation.
 
ElleMD,
I am grateful for your insight. You're right about logical non-medical reasons and whether that is aggravating the medical condition.
What would your ideas for a logical solution be? I am open to suggestions (hence the post).
 
It depends entirely on what you are looking for here. If you aren't seeking accommodation but want your supervisor/advisor/professor to know that you have a medical condition which causes the tremors, you will need to disclose it to them. Either wait until it comes up and just let them know that you have a medical condition which causes it and for which you are treating and not to worry, or visit during office hours and have the same conversation. Explain that the medication you take can cause you to appear more sedate than typical but you are fully engaged in your course/discussion/work. You don't need to disclose the diagnosis or meds you take. It is helpful for instructors and advisors to know what is going on with students, but if you aren't seeking accommodation, there is no need to give details. Keep in mind that as far as any of this affects your grades, or inhibits you meeting the expectations for the course, it is fair game to mention it to you.

I would limit the details about your personal circumstances unless they really are posing a problem at school. Even then, I would limit what I shared. It is enough to know that you are dealing with a custody arrangement without the nitty gritty about finances and what all is involved. Vent to your friends and family, not at school.
 
I would also suggest bringing up these concerns to your doctor. It may be that the treatments you are using are not sufficient or need to be tweaked. The goal of your medical team should be to make sure that you have the tools you need to meet the demands of your life and are able to fully participate in your home/school/work environment. If that is not the case such that you are getting lots of negative feedback from others, your doctor needs to know that. It is very hard to evaluate yourself. It is also hard for a doctor to evaluate how you handle situations they are not present to see you in and base treatments on just how you present in their office.
 
Wow ElleMD thank you so much! This is what I looking for! I will follow your advice and contact my doctor asap. She did put me on medication for the tremors but I don't think it's as effective as it could be. And you're right, the meds for the tremors can give me a somewhat sedated look. I will use my review (that I have to discuss with my advisor regardless) as a starting point to approach the topic. Thank you again so much. Truly helpful and I feel much more relaxed about the whole situation now.

The only thing I respectfully disagree with is the level of stigma, only because I am not referring to the type of anxiety that all students get. That is the "healthy anxiety" that if people did not get, well nothing would get done. I was referring to anxiety disorder that goes beyond helping and can lead to a lot of complications if not treated.
Regardless, you have been quite helpful and I thank you immensely :)
 
You might find yourself surprised by the number of fellow students and faculty members who also suffer from mental illnesses. The number is not small by any means. Trust me on that. Most you will never even be aware of or know about. The very nature of the condition can make you feel isolated and fear that others are judging you. By and large, that is not the case. Whether you disclose your condition to your peers and advisor or not, don't let your fear of judgment prevent you from seeking help from your doctor when you need it.
 
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