Texas State University has been forced to review their policy regarding affordable housing for students with disabilities after a student with
cerebral palsy battled the university for two years.
“We hope this case will educate TSU and other schools on the need to respond to matters of accommodation and accessibility in keeping with the Americans with Disabilities Act,” said Lucy Wood, attorney for TSU student Bailey Gosda, who has cerebral palsy.
The Problem
Federal law requires universities and other entities to make all of their services and programs available to all students, including those with disabilities. It also requires these entities themselves to pay the extra money it will take to make everything accessible.
One girl with cerebral palsy, Bailey Gosda, found that the school was not following the regulations, however.
Bailey was tight on money and had requested in writing to share one of the inexpensive rooms with a roommate. However, she was put in a more expensive room, alone, and charged a surcharge because the room she was assigned was not big enough to accommodate her equipment as well as another roommate. As a result her rent was double what her peers paid.
“[Bailey] … is incurring a large amount of debt in order to attend college at her own expense, and who but for her disability would elect to live in the cheaper dorm
and with a roommate,” wrote Wood. “To the extent that the accommodations selected by the university … were necessitated by her disability, they were required to be offered to her at no cost to her.”
The situation is similar to that on cruise ships, said Kenneth Shiotani, an attorney who often does work concerning the Americans with Disabilities Act. “If a person with a disability that needs an accessible room also wants the cheapest cabin, but the cheapest cabin is not accessible, they have to give the person the next higher-up cabin that is accessible at the lower rate,” he said.
The Settlement Terms
After two years’ struggle, the university finally elected to refund Gosda the extra $6,000 she spent on housing. The university is also reviewing a draft of a policy for providing access to all students with disabilities written by Wood.
Have cerebral palsy? If you feel it may have resulted from medical malpractice, please contact us today for a complimentary consultation with an experienced
cerebral palsy attorney who can examine your case and help you plan the best course of action.
