HigherEdMorning.com » Did financial aid denial violate disability rights?

Did financial aid denial violate disability rights?

May 16, 2010 by Taylor Hannigan
Posted in: From the Courts, In this week's e-newsletter, Latest News & Views

A Vietnam veteran said a school should have waived a financial aid limit because he had post traumatic stress disorder. Did a court agree?

David Brown began attending Southern Utah University in the fall of 2004. While enrolled, he received federal financial aid such as Pell Grants and Stafford Loans.

Under applicable federal regulations, students can’t get federal financial aid if they’ve attempted 183 credit hours and haven’t earned a degree.

Brown registered for classes for the spring 2006 semester, but he stopped going in February without telling the school he was withdrawing. The school assigned him grades of “UW” (unauthorized withdrawal) for the semester.

Grades of UW count toward the 183-credit hour limit, and the credits Brown had planned to complete in the spring 2006 semester put him over it. As a result, the school cut off further financial aid.

Brown sued, saying he withdrew based on his disability and that the school was required to waive the limit as an accommodation.

The court rejected his claim because he failed to show he was disabled. He was never definitively diagnosed as having post traumatic stress disorder, and he did not produce medical or other evidence establishing the existence of a qualifying disability.

Cite: Brown v. Southern Utah University.

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