May 13, 2015 10:45 PM Burbella, a nursing student, is suing Pennsylvania’s Misericordia University on grounds that the college violated a law barring discrimination against students with disabilities.

According to a summary of the suit by The Washington Post, in 2014 Burbella had failed a class in her nursing program and retook the class with the agreement that she’d be allowed to take the test in an environment free of distractions. Her instructor had allegedly told her she’d be available for questions about the test via telephone.

When Burbella took the test, however, the instructor didn’t pick up, the suit alleges. Consequently, Burbella broke down crying. She did not pass the test. The suit claims that this violates Section 504 of the Rehabilitation Act, which aims to stop discrimination of disabled people by entities receiving federal funds.

Area news outlet claims that Burbella is seeking $75,000 in damages.

Misericordia officials have declined to comment on pending legislation.

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