The student is not passing the class. Do I have a right to fail a student with a disability?

Scenario

I have a student with a disability who is behind in their homework. This student has missed a number of classes and has not handed in several assignments. Although the student has taken a midterm and used accommodations, the student received a D for the midterm. At this point, the student is not passing the class. Do I have a right to fail a student with a disability?

Answer

 The student with a disability has the same right to fail as anyone else. Their work should be equivalent to his or her peers. It may be a good idea to discuss your concerns with this student, just as you would with anyone else in your class who is experiencing difficulty.