Student who says he needed more time on test sues Miami Dade College under disability law

A disabled student has filed a federal lawsuit against Miami Dade College alleging he was not allowed an accommodation of additional time to complete a test, states a nine-page complaint filed in Miami District Court.

The plaintiff, identified as “A.D.,” says he was denied additional exam time even though the college’s disability services offices granted him an accommodation for more time. He attends classes at MDC’s Wolfson campus.

The student is suing under the Americans with Disabilities Act, a civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation and all public and private places that are open to the general public. He filed the suit on Nov. 15, 2019.

“When [A.D.] asked Professor Kuo to make the first quiz available to him at the [testing center] so he could take it with additional time, Professor Kuo refused and responded loudly that [A.D.] did not look like his other students who get special accommodations, and that he should take the quiz in the classroom with all the other students,” states the complaint.

The plaintiff has difficulty walking and uses a cane. He says he was insulted in front of his classmates, he alleges in the suit, which is seeking damages for emotional harm and pain and suffering.

The ADA requires that colleges offer exams in a manner accessible to persons with disabilities and the wide range of student accommodations might include screen reading technology, scribes, distraction-free rooms and extended exam time.

“We cannot comment on pending litigation,” said Juan Mendietta, a spokesperson for Miami Dade College. “However, the College provides equal access and opportunity to all students across the disability spectrum.”

This story was originally published January 30, 2020 at 3:01 PM.