NachtLaw, P.C. - Nacht & Roumel, P.C.
Protect Your Rights.
Call Today 888-312-7173

NachtLaw Protects Learning Disabled Students

If you are the parent of a learning disabled student, you know how difficult it is to find services to deliver the mandate of a "Free Appropriate Public Education" or "FAPE" under special education laws. While federal laws apply to any school receiving federal funds, many private schools do not receive such funds. In such cases, the only protection families have is to apply Michigan's disability discrimination law, the "Persons with Disabilities Civil Rights Act" or "PWDCRA."

NachtLaw sued a private, religious school that denied admission to a learning disabled 9th grade girl. The school claims that the PWDCRA does not apply to them, and besides, that the courts may not inquire into the decisions of religious schools because they necessarily require scrutiny into their ecclesiastical practices. If the school's position is correct, then learning disabled students could be routinely denied admission and services and have no protection under the law.

NachtLaw believes that position is extreme, and that routine admissions decisions do not implicate the school's religious freedom. The trial court agreed, and held that Michigan's anti-discrimination law, the PWDCRA, does apply to the school. However, the school appealed, and the Michigan Court of Appeals unfortunately reversed.

The case is now pending before the Michigan Supreme Court, on NachtLaw's application for leave to appeal.

Nicholas Roumel and Charlotte Croson represent the student and her family. The case is Winkler vs. Marist Fathers of Detroit, Inc.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Don’t Hesitate. Let Our Firm Help You Protect Your Rights.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

We have developed a particular way we handle consultations at NachtLaw. Based on years of experience advising thousands of clients about their rights, we have settled on a method that allows our attorneys to provide the best advice possible in a setting that ensures confidentiality and promotes an atmosphere of trust.

Ann Arbor, MI
101 North Main Street Suite 555
Ann Arbor, MI 48104

Ann Arbor Law Office Map

Traverse City, MI
415 Cass Street Suite 2C
Traverse City, MI 49684

Traverse City Law Office Map

Toledo, OH
One Seagate Suite 685
Toledo, OH 43604

Toledo Law Office Map

Birmingham, MI
401 South Old Woodward Avenue Suite 460
Birmingham, MI 48009

Birmingham Law Office Map