Request Accommodations for Disability
Learning Disability
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For People With Disabilities
This is an article that might help Parents to Protect their Special Needs Children.
Special Needs Children.
20 Useful Apps for Kids with Dyslexia and Learning Disabilities in 2022
For people with dyslexia and learning disabilities.
If you or your child has dyslexia and learning disabilities, the article above might be helpful. https://www.wizcase.com/blog/useful-apps-for-kids-with-dyslexia-and-learning-disabilities/
This article has 20 apps, which include planning and organizing, Articulation, Auditory processing skills, reading, writing, and math, and much more to help people with learning disabilities.
The app I like the most is (12. AudioNote: Giving Your Child a Notepad and a Voice Recorder All in One). I myself have a learning disability, and this app would have made life so much easier when I was in college.
I am sure this article will help you find an app for your needs. However, if you are unsure what to do, this article has a section that will help you get started.
Everything on this page is free to use as you like. We hope that it helps.
For people that have a Disability or Learning Disability, below we provided websites that might be able to help you.
If you are signed up with your State’s Department of Rehabilitation you can ask the Client Assistance Program for help. Maybe they can testify on your behalf, or provide legal advice.
Plus, below we provided a draft of a Motion for Accommodations Learning Disability. However, this Motion is only for Federal Court or Bankruptcy Court.
Some courts will require you to file a motion. Other courts will only require you to fill out a form. Whatever the court will require, always request accommodations for your disability even if you feel that you do not need them.
Why? When you request accommodations for your disability, you have a better chance that the court will recognize your disability.
Requesting Accommodations for employment, State court, school, etc., you will have to use Title II of the Americans with Disabilities Act (ADA) or the Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act.
Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides all the requirements on how to Request Accommodations for employment, State court, school, etc. Read This First!
28 CFR § 35.101 – Purpose and broad coverage
28 CFR § 35.102 – Application
28 CFR § 35.130 – General prohibitions against discrimination
28 CFR § 35.134 – Retaliation or coercion
28 CFR § 35.160 – General
28 CFR § 35.164 – Duties
28 CFR § 35.178 – State immunity
28 CFR § 41.53 – Reasonable Accommodation
29 CFR § 1630.9 – Not making reasonable Accommodation
Helpful Websites for People with Disabilities:
The federal government recognizes these websites as reputable sources of information for all kinds of Disabilities, including Learning Disabilities.
The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services, is the nation’s medical research agency. They conduct medical research on almost every medical condition.
If you want to get information about your medical condition that you can use in court, then go to their website. https://www.ninds.nih.gov/Disorders
The National Institutes of Health (NIH) https://www.ninds.nih.gov, or https://www.nih.gov
The NICHD is one of several federal agencies that support and conduct research on Learning Disabilities and disorders. The institute’s research portfolio includes studies investigating the causes, development, neurobiology, prevention, and remediation of learning disabilities. https://www.ninds.nih.gov/Disorders/All-Disorders/Learning-Disabilities-Information-Page
LD OnLine is the National Educational Service of WETA-TV, the PBS station in Washington, D.C. WETA
WETA Washington, D.C., is the third-largest producing station for PBS.
LD OnLine provides accurate information about learning disabilities and ADHD to over 200,000 people each month.
LDA’s mission is to create opportunities for success for all individuals affected by learning disabilities through support, education, and advocacy.
NCLD fights to improve outcomes for people with learning and attention issues by actively shaping local and national policy to reduce barriers and ensure opportunity and access for all.
Motion for Accommodations
The procedure to file a Motion is in Video 4, Motions, Memorandum, Certificate of Service, and Affidavit. However, you must be a member to access this video.
The following is an example of a Motion for Accommodations
If you need to put page numbers on your pdf, or combine your pdf(s) into one pdf, try the following websites. There are many websites that provide this service.
- Pdfcandy: https://pdfcandy.com/
- PDF24 Tools: https://tools.pdf24.org/en/add-page-numbers-to-pdf
Federal Statutes
Volume 5 § 255 of the Guide to Judiciary Policy, Services to the Hearing Impaired and Others with Communication Disabilities
(a) Under Judicial Conference policy, a court must provide sign language interpreters or other auxiliary aids and services to participants in federal court proceedings who are deaf, hearing impaired, or have communication disabilities, and may provide these services to spectators when the court deems appropriate (JCUS-SEP 95, p. 75). This policy provides for services in addition to those required by the Court Interpreters Act (28 U.S.C. § 1827).
(b) The court should honor a participant’s choice of auxiliary aid or service unless it can show that:
- another equally effective means of communication is available, or
- use of the means chosen would result in: a fundamental change in the nature of the court proceeding, or an undue financial or administrative burden.
Pursuant to Federal Rules of Evidence Rule 401, Rule 1004, Rule 803, and Rule 902 plaintiff is allowed to submit the following information into evidence and for trial.
Rule 401 – Test for Relevant Evidence
Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.
Rule 1004 – Admissibility of Other Evidence of Content
An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a) all the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b) an original cannot be obtained by any available judicial process;
Rule 902 – Evidence That Is Self-Authenticating
The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
(6) Newspapers and Periodicals. Printed material purporting to be a newspaper or periodical.
(5) Official Publications. A book, pamphlet, or other publication purporting to be issued by a public authority.
(10) Presumptions Under a Federal Statute. A signature, document, or anything else that a federal statute declares to be presumptively or prima facie genuine or authentic.
Rule 803 – Exceptions to the Rule Against Hearsay
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
(3) Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
(4) Statement Made for Medical Diagnosis or Treatment. A statement that:
(A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and
(B) describes medical history; past or present symptoms or sensations; their inception; or their general cause.
(17) Market Reports and Similar Commercial Publications. Market quotations, lists, directories, or other compilations that are generally relied on by the public or by persons in particular occupations.
Rule 807 – Residual Exception
(b) Notice. The statement is admissible only if the proponent gives an adverse party reasonable notice of the intent to offer the statement–including its substance and the declarant’s name–so that the party has a fair opportunity to meet it. The notice must be provided in writing before the trial or hearing–or in any form during the trial or hearing if the court, for good cause, excuses a lack of earlier notice.
Argument
Exhibit 1, The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services, is the nation’s medical research agency. They list on their website LD OnLine (Exhibit 2), National Center for Learning Disabilities (Exhibit 3), and Learning Disabilities Association of America (Exhibit 4) as reputable sources of information.
Exhibit 2, WETA Washington, D.C., is the third-largest producing station for PBS. LD OnLine provides accurate information about learning disabilities and ADHD to over 200,000 people each month.
Consequently, Exhibit 1, Exhibit 2, Exhibit 3, and Exhibit 4 fulfill Rule 401, Rule 902, and Rule 803 (17).
Referencing Exhibit 2, Exhibit 3 (page 26 of this report), and Exhibit 4 all state that a learning disability can’t be cured or fixed; it’s a lifelong issue.
Exhibit 5, Plaintiff’s 2000 Psychological Evaluation and Plaintiff 2020 Neuropsychological Assessment states that Plaintiff has a learning disability. It is made for and is reasonably pertinent to medical diagnosis or treatment. Plus, it describes some of the Plaintiff’s medical history; past or present symptoms or sensations. It also includes information about Plaintiff’s employment history.
Consequently, these reports are relevant and cannot be considered outdated. Therefore, fulfills Rule 401, Rule 803 (3), and Rule 803 (4).
Plaintiff’s 2020 Psychological Assessment states the following:
Page 6 “He displayed variable processing speed with a reduction in speed over time.”
Page 7 “Overall, his language index score fell in the low average range.”
Page 9 “he demonstrated variable processing speed and moderated to severely impaired novel problem-solving skills.”
Page 9 “Specific Learning Disorder with reading fluency impairment. Specific Learning Disorder in written expression (spelling accuracy, clarity, and organization of written expression)”.
Processing speed is the pace at which you take in information, make sense of it, and begin to respond.
This means that as time progresses, and depending on the environment, it becomes harder for Plaintiff to think and respond appropriately.
Example1.
When any of us feel anxious, we freeze for a moment. During that time, we’re not processing the information as fast as we might otherwise be. We may take longer to respond, make decisions, or size up situations.
Telling people with slow processing speed to “hurry up” can add to their anxiety and make them take longer to complete a task. Being in court can increase one’s anxiety, which slows their processing speed.
Example 2.
A person with slow processing speed might not immediately know what those letters say. They have to figure out what strategy to use to understand the meaning of the letters in front of them. It’s not that they can’t read. It’s just that a process that’s quick and automatic for others will take longer for them.
Example 3.
Saying too many things at once can also pose a challenge. If you give multi-step directions—“When you come downstairs, bring your notebook. And can you also bring down the dirty glasses and put them in the dishwasher?”—a child with slow processing speed may not follow all of them. Having slow processing speed makes it hard to digest all that information quickly enough to do what was asked.
Processing speed is not apparent just by observing you.
All of this indicates why in some environments and situations, information gets struck in Plaintiff’s head, why sometimes Plaintiff cannot get the information out, or remember what Plaintiff should have said.
Exhibit 1 states that “The NICHD is one of several federal agencies that support and conduct research on learning disabilities and disorders.”
Because they are still discovering new information about learning disabilities, indicating why Plaintiff did not know how to describe or address the issues of processing speed or problem-solving skills until he had his Psychological Assessment. It also indicates why past Psychological Assessment never indicated these issues.
Wherefore,
Suppose someone testifies that has down syndrome or another intellectual disability. In that case, the court will not expect the same from this person as it would expect from a person without these kinds of conditions. Thus, the court is accommodating for their disability.
A learning disability is not an intellectual disability, but this does not mean that Plaintiff does not need the same consideration or accommodations.
Thus, accommodations do not only mean removing physical barriers.
The Accommodations the Plaintiff request is the following.
Plaintiff asks that the court understand that Plaintiff might not be able to answer questions or respond like a person without these issues.
Plaintiff needs to be able to read from his notes or other records at the trial.
Plaintiff should be allowed to write a supporting brief.
List of Exhibits
Exhibit 1, Printout(s) from the website NIH: National Institute of Child Health and Human Development.
The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services, is the nation’s medical research agency.
The National Institute of Child Health and Human Development (NICHD) is one of several federal agencies that support and conduct research on learning disabilities and disorders. The institute’s research portfolio includes studies investigating the causes, development, neurobiology, prevention, and remediation of learning disabilities. In addition, the NICHD provides funding to train researchers in this field.
Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides all the requirements on how to Request Accommodations for employment, State court, school, etc. Read This First!
Exhibit 2, Printout(s) from the website LD OnLine. www.ldonline.org LD OnLine is the National Educational Service of WETA-TV, the PBS station in Washington, D.C. WETA
WETA Washington, D.C., is the third-largest producing station for PBS. LD OnLine provides accurate information about learning disabilities and ADHD to over 200,000 people each month.
The National Institutes of Health (NIH), list on their website, under the page titled “About Learning Disabilities,” in the Citations area (Citation 1), LD OnLine.
Click here for all 3 pdf(s). LD OnLine1, LD OnLine2, LD OnLine3
Exhibit 3, National Center for Learning Disabilities. The state of learning disabilities: Facts, trends, and emerging issues (3rd ed.). New York: National Center for Learning Disabilities. Retrieved March 8, 2017, from http://www.ncld.org/wp-content/uploads/2014/11/2014-State-of-LD.pdf
The National Institutes of Health (NIH), list on their website, under the page titled “What causes learning disabilities?,” in the Citations area (Citation 3), the document called “State of Learning Disabilities,” which is from the National Center for Learning Disabilities.
The National Institutes of Health (NIH), list on their website, under the page titled “How are learning disabilities diagnosed?,” in the Citations area (Citation 2) Learning Disabilities Association of America.
Click here for the pdf
Exhibit 5, Plaintiff’s 2000 Psychological Evaluation, and Plaintiff’s 2020 Neuropsychological Assessment
