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Do faculty have a right to fail a student with a disability?

Scenario: A 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.

The student with a disability has the same right to fail as anyone else. Their work should be equivalent to his or her peers. A faculty member may discuss their concerns with this student, just as they would with anyone else in their class who is experiencing difficulty.