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TOPICS TO COVER:. . Why we need civil rights laws for people with disabilitiesOverview of the major federal disability lawsHow the laws apply in a Higher Education contextMaking reasonable accommodationsFiling grievances, Administrative Complaints
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1. Self-Advocacy for Students with Disabilities in Higher Education Jacquie Brennan Disability Law Resource Project
2. TOPICS TO COVER:
3. Who we are: The Disability Law Resource Project (DLRP) is the Southwest's leading resource on the Americans with Disabilities Act, related laws and making Information Technology accessible to people with disabilities.
4. What we do The DLRP serves a wide range of audiences who are interested in or impacted by these laws, including employers, businesses, government agencies, schools and people with disabilities.
Expert staff members are available to provide training and publications and to respond to your inquiries via DLRP's toll free hotline 800-949-4232!
5. Why Do We Need the Federal Disability Laws? Congressional findings:
43 million Americans have one or more physical or mental disabilities.
Historically, society has isolated and segregated individuals with disabilities.
Prior to the ADA, people who were discriminated against on the basis of disability often had no legal recourse to address it.
Discrimination includes: intentional exclusion, architectural or communication barriers, exclusionary qualification standards and criteria, relegation to lesser services.
6. Disability Laws Applicable to Higher Education Americans with Disabilities Act
Section 504 of the Rehabilitation Act of 1973
7. How 504 applies:
Section 504 of the Rehabilitation Act applies to all post-secondary educational programs that receive federal financial assistance.
8. How the ADA applies ADA applies to all post-secondary educational programs even if such programs do NOT receive federal financial assistance
ADA may not apply to opportunities offered by religious schools that require acceptance of religious beliefs as a qualification of admission.
9. The Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.
10. Parts of the ADA Title I: Employment
Title II: State & Local Government services
Title III: Public accommodations operated by private businesses
Title IV: Telecommunications
11. Who is covered by the ADA? To be protected by ADA, one must:
Have a physical or mental impairment that substantially limits one or more major life activities;
Have a history of such an impairment; or
Be regarded as having such an impairment.
12. Rehabilitation Act §504 A college or university is required to make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified handicapped applicant or student. 34 C.F.R. § 104.44 [emphasis added]
13. A “qualified” person with a disability is legally defined as: Must meet the definition of disability
AND:
Must meet the academic and technical standards required for admission or participation in the educational program or activity.
14. Some Examples of “qualification” Student’s evaluation indicates that he has a learning disability with problems in reading, spelling, written language, organizational skills and auditory memory, and needs extra processing time and oral presentation of information, the student is a person with a disability, because he is substantially limited in a major life activity, namely, learning.
15. Another example A student with ADHD, with documentation indicating that she has limitations in attention and behavior that present clinically significant levels of disorganization and distractibility has a covered disability which substantially limits major life function, the ability to learn.
16. ACADEMIC & PROFESSIONAL STANDARDS ARE PRESERVED IN THE LAW: A person is not a “qualified” person with a disability if s/he requires significant alterations in the core educational program in order to participate effectively or achieve the purpose of the program.
17. Reasonable Accommodation Reasonable accommodations must be made if necessary to allow a qualified person with disabilities to effectively participate in an educational program or service.
18. Essential, Academic & Technical Standards clarified: Fundamental alteration of programs or instruction is not required
Academic standards (for instance, minimum GPA requirements) must be upheld
19. More clarification Technical standards must be upheld (applicants to surgical programs must have fine motor dexterity, for example).
If a person with a disability manifests a “direct threat” to the health and safety of others, s/he may be excluded.
20. Determinations regarding “necessary” and “essential” requirements need to be made on a case-by-case basis:
Determinations by the college as to the existence of a disability and the accommodations required are to be individualized
21. Documentation
The school may require the student to provide documentation sufficient to show the existence of a disability requiring an academic adjustment.
This must be decided on a case-by-case basis.
22. Reasonable Accommodations May Include: A change in an educational program (allowing a student with a severe hearing loss to substitute a required course such as music with another course even though music is a requirement for graduation), so long as it does not alter the program's fundamental nature.
23. More Reasonable Accommodations Structural modifications (ramps, wide doorways, accessible bathrooms);
Providing modified equipment (Braille keyboard on a word processor); and/or
Providing aides such as interpreters or readers.
24. What is not considered “reasonable?” Accommodation must not require fundamental alteration in the nature of an academic program
Requested accommodations that could be effectively provided at a lower cost
Those that would require “undue” administrative or economic burden
25. What Accommodations Are Required? Every case is different, each request MUST be viewed in light of particular circumstances.
No definitive statement can be made about what is and is not required by the law.
When evaluating, keep in mind the overall objective of the law is to provide “equal access” not unfair advantage.
26. Likely to be required: Time and a half to double time on examinations
Moderately reduced course loads
Extra time to complete course loads to the extent curricular continuity is not impaired
Limited leaves of absence for medical treatment and recovery
27. Likely to be Required Limited leaves of absence for medical treatment and recovery
Registration assistance
Assistance in applying for financial aid
Classroom modifications (preferential seating, taping, and note-taking assistance)
28. Likely to be Required Priority in housing for students who need a single or large room
Priority in parking for students with mobility impairments and certain psychological disabilities
29. Less Likely to be required, but depends on circumstances: More than double time on examinations
Long-term leaves of absence
Course substitution or waiver
Reduced participation and attendance in classroom
30. Unlikely to be required: Unlimited time for exams
Unlimited time for degree completion
Unlimited leaves of absence
31. Unlikely to be Required Permission to entirely avoid attendance expectations applied to students in general
Reassignment to another teacher
Restructuring of the curriculum to address the student’s individual learning style
32. Unlikely to be Required Provision of examinations or instructional services off-campus except when generally provided to students
Individualized instruction or tutoring except when commonly provided to students
33. Fairness for all students in testing: Providing accommodations of extra time allows the school to measure what you have learned, instead of measuring the impact of your disability.
34. Fairness in testing Research indicates that having extra time does not have a significant impact on the performance of students without learning disabilities.
Tests should measure mastery of material, not speed, unless speed is a professional requirement
35. Fairness in Testing Unilateral testing by disability services office may be considered segregation or discriminatory treatment
Best practices include testing accommodations decided on an individualized basis between professors and students
36. Student Responsibility Identify yourself as person with a disability
Provide necessary documentation
Request accommodation or modification
Work with Disability Services Office and Professors to implement modification or accommodation
37. What’s the difference between an accommodation and a modification? An accommodation is something that allows you to do the same work in the same amount of time with the same standard as everyone else.
A modification actually modifies an expectation so that the work may be changed, or time to complete it extended, or grading standards relaxed.
38. Professors/School Must: Work with Disability Services office to determine reasonable modifications that do not compromise the essential, academic, or technical standards of the curriculum
Pay for accommodations, except for those of a personal nature (like home study aids)
39. High School vs. Post-Secondary Impact of Laws Compared
40. Changing Roles from High School to College: Taking Responsibility
41. Accommodation Examples: Low Vision Large print lab handouts, lab signs, equipment labels
TV monitor connected to microscope to enlarge images
Class assignments made available in electronic format
Computer equipped to enlarge screen and images
42. Accommodation Examples: Blindness Audio or Braille notes, handouts and texts
Raised line drawings and tactile models
Braille signs and equipment labels
Adaptive lab equipment (talking thermometers, probes, timers)
Class assignments available electronically
Computer with optical character reader, voice output, Braille screen display and printer output
43. Accommodation Examples: Hearing Impairment Interpreter, real time captions, FM system, note taker
Face turned toward student when speaking; use of visual aids
Written assignments, lab instructions, demonstration summaries
Visual warning system for emergencies
Use of electronic mail for class and private discussions
44. Accommodation Examples: Learning Disability Note takers and/or audiotape class sessions
Extra exam time, alternative testing arrangements
Visual, aural and tactile demonstrations incorporated into instruction
Computer with voice output, spell and grammar check
45. Accommodation Examples: Mobility Impairment Note takers/lab assistants; group lab assignments
Classes, labs, trips in accessible locations
Adjustable tables, equipment within reach
Class assignments in electronic format
Computer equipped with special input device (e.g. voice, Morse code, alternative keyboard)
46. Accommodation Examples: Health Impairment Note takers
Flexible attendance requirements and extra exam time
Assignments in electronic format; use of e-mail to facilitate communication
47. New PORTAL FOR EDUCATIONAL SETTINGS
48. Law covers all post-secondary education programs, services and processes including: (1) Admission and recruitment
(2) Academics
(3) Housing
(4) Research
(5) Financial aid
(6) Counseling
(7) Physical education
(8) Athletics
(9) Transportation
(10) Employment assistance
49. Discrimination in Admissions is Prohibited. Admissions tests must be given in accessible locations and to all students.
Reasonable accommodations are required in admissions testing.
50. Discrimination in Admissions Admissions tests should accurately reflect a person's aptitudes or achievement levels rather than the effects of a disability.
Quotas for persons with disabilities are prohibited.
Generally, pre-admission inquiries into disabling conditions are not allowed.
51. Discrimination in Course Work is Prohibited. Students may not be excluded from courses, majors, or technical programs because of disability.
Modifications fundamentally alter a program are not required.
52. Discrimination in Course Work Auxiliary education aids for persons with sensory, manual, speaking, or learning disabilities must be provided (course materials in Braille, taped text books, sign language interpreter for a student with a hearing impairment).
However, an institution is not required to provide auxiliary aids for personal use (a tape recorder for home study).
53. Denial of Physical Access is Prohibited. Educational facilities must be physically accessible for use by persons with disabilities.
Students must be able to access classrooms, laboratories, libraries, restrooms, recreation areas, administration.
54. Physical Accessibility The ADA and Section 504 do not require that every building, facility, or area be barrier free, so long as the program overall is readily accessible to persons with disabilities.
55. Internal Grievance Procedures Under Section 504 Educational programs with at least 15 employees must have a grievance procedure to promptly resolve complaints of discrimination.
A student complaining of discrimination should follow the educational program's own internal grievance procedures, if any, before filing a federal agency complaint.
56. Filing Complaint of Discrimination with Federal Funding Agency: A written complaint can be made to the federal agency that provides money to the educational program. A complaint should be in letter form and should include the following:
57. Include in complaint Name, address, and telephone number of the person discriminated against;
Name, address, and telephone number of the educational program, including the names of the program's employees who are thought to have acted in a discriminatory manner;
A brief description of the discriminatory acts;
The dates of the discriminatory acts; and
A description of any efforts already made to remedy the problem, and the results of those efforts.
58. ADA Complaints on Discrimination Any individual who believes that he has been discriminated against may request that the United States Department of Justice (DOJ) initiate an administrative investigation. A special unit within the DOJ will process individual complaints. The DOJ's address and phone number for requesting administrative enforcement assistance is:
U. S. Department of Justice
Main Justice Building
10th Street & Constitution Avenue, N.W.
Washington, D.C. 20530
(202) 314-0301
59. Filing Lawsuits for Damages Individuals have the right to sue educational programs that violate Section 504 and the ADA.
It is not necessary to file a complaint before filing a lawsuit.
Under the ADA, a person may request that the U. S. Attorney General file a lawsuit on behalf of the person claiming discrimination.
If the institution loses the case, in most cases they must also pay plaintiff’s attorneys fees.
60. Justin Dart said:
“Disability is a natural part of the human condition.”
61. Think outside the box Creative, innovative, individualized ways people with disabilities use to accomplish tasks provides solutions that can benefit everyone
