Private school discriminates

[Melinda]

Private school lowers grades when students are given modifications to curriculum. If modified 20% best student can make is a B and if modified 70% a C. They will not give support to a student if you don't sign a contract to give lower grades. Is this legal? Help

[Carolyn Rowlett]

Very good question.  It would depend on whether the private school receives any type of federal funding, such as free/reduced lunch.  That would make them subject to civil rights rules.  But sometimes even with federal funding (such as with school vouchers), private schools are given much autonomy in their curriculum, grading, etc., and may be exempt from federal discrimination laws.  Many states have also added language to their education savings account laws specifically stating that acceptance of such monies does not limit the school's autonomy.  Remember, unless your private school is under contract with a public or charter school, you also give up your federal right to FAPE and least restrictive environment.

Having said all that, this is a very murky area, and I didn't go down the entire rabbit hole.

[JSD24]

When a public school modifies curriculum, this often takes a student off of a graduation track and puts them on a 'certificate of completion' track.

From what I know, accommodations - like extra time, where the same work is expected - are different from modifications.  Accommodations provide access and fall under the Office of Civil Rights.  It's often a matter of perspective if something is a modification or an accommodation.

I'm not sure if a private school has to answer to OCR or not.  I know that churches are not required to be ADA compliant & I think that falls under OCR.  Definitely a murky area - especially w/o an example of the modification.

[Melinda]

My son has modified assignments, read aloud and testing in a separate room. Because he does not do 100% of the work they lower his grades. If he makes a 100 then it is a C. He is exposed to the entire curriculum just the amount of work that is expected of him is changed. I have contacted OCR with no help.

[Carolyn Rowlett]

Then the modifications are why he is receiving a lower grade - not the accommodations.  Therefore, it is not a federal civil rights violation.