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DryIce677 t1_jec1elx wrote

I’m not 100% sure so don’t quote me on this, but I’m pretty sure private school’s do not have to follow this rule. If this were a public school, yes they would have to have whatever is dictated by their IEP/504… But private schools are not mandated by the state, so they do not have to follow all the same rules. They can choose to, but they don’t have to.

Since I am not sure, the first thing I would do is contact the school’s administration to ask questions. I would get their IEP/504s ready to review (I’m assuming they have them since they have disabilities. If not, they need one.)

Edit: public and private don’t seem like real words when you think too fast

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ScoutCommander t1_jec4qw9 wrote

Did you mean private schools in your first sentence?

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DryIce677 t1_jec4u9o wrote

Ugh, yes. My brain thinks faster than my fingers. Thank you.

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CRNPandACHPN OP t1_jecat21 wrote

I am not sure if the school uses public funding. They do use the Allentown School district for bussing. I wonder if that counts.

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No_Mission1856 t1_jedgotc wrote

No busing is required to be provided by state law within a 10 mile radius from home and school.

Most private schools especially catholic dont take fed dollars and like most private organizations they would be exempt from the same laws that the public schools are required to follow. Im actually surprised they allowed anyone in attendance with a disability years ago they wouldnt nor any with learning disabilities.

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Impressive_Bus11 t1_jefb1m1 wrote

If they're not paying the district a commensurate rate for those services, they could be opening themselves up to Title IX liability unintentionally.

I'm not a lawyer but as others have, including at least one lawyer, I would recommend you get a lawyer with experience in this area because they will know all the things or know which things to look at to find the things they don't know things about.

There's a lot of things. Get a lawyer.

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RG_Viza t1_jeeg5az wrote

“Title III, which this rule addresses, prohibits discrimination on the basis of disability in the activities of places of public accommodation (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, “

https://www.ada.gov/law-and-regs/title-iii-regulations/

So yes they’re violating the ADA. A private school is a business and a school. All activities are required to be reasonably accessible. Since diabetes and epilepsy require no accessibility provisions for the activities you’re talking about, they’re covered by default.

State or federal funding doesn’t play into this requirement although ADA violations are a reason to hold back such funding.

The school is engaging in discrimination.

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Aggravating_Foot_528 t1_jeg8foj wrote

You're conflating the ADA with parts of educational law such as 504 and ieps, which they don't need to follow as a private school.

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