Jennifer Burbella is suing school officials at Misericordia University after she failed a course twice. Burbella claims the school did not comply with regulations regarding multiple disabilities she says she has.
Burbella was enrolled at Misericordia University and says she was dealing with depression, anxiety and stress. According to The Washington Post, Burbella said the school, which in Dallas, Pennsylvania, refused to provide her with proper accommodations to take a final exam.
The former nursing student said the school failed to allow her to take the test in the same building as her teacher. She was set up to take the test in a separate classroom from her peers, in keeping with regulations, but was not able to contact the professor during the exam.
After trying to call multiple times during the exam, Burbella says she burst into tears several times.
Her attorney, Harry McGrath, told The Washington Post, “Because she was denied her statutory right to accommodations, we’re looking primarily to have her take the test or take the course over with the accommodations she needs.”
“And if she passes the test, fine,” he concluded. “And if she doesn’t pass the test, fine, then she has to live with that.”
Burbella first failed the class, which required an exam score of 78 percent to pass, during the 2014 spring semester. She agreed to retake the class during the summer if the school agreed to provide extended time on the exam and a distraction-free testing environment.
McGrath explained that Burbella simply wants a chance to pass the class. “I don’t think Misericordia was at any time malicious that she be deprived of her right under that statute, but it happened,” he said.
According to FOX59, Burbella has sued for more than $75,000 in damages.
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