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The District’s Legal Obligation to Provide Accommodations to Disabled Students

The District’s Legal Obligation to Provide Accommodations to Disabled Students. Los Angeles Community College District Office of General Counsel Kevin D. Jeter, Esq. Associate General Counsel. Applicable Statutes. Rehabilitation Act of 1973, Section 504

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The District’s Legal Obligation to Provide Accommodations to Disabled Students

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  1. The District’s Legal Obligation to Provide Accommodations to Disabled Students Los Angeles Community College District Office of General Counsel Kevin D. Jeter, Esq. Associate General Counsel

  2. Applicable Statutes • Rehabilitation Act of 1973, Section 504 • Title 29, United States Code, Section 794 • Recipients of Federal Funds • American With Disabilities Act, Title II • Title 42, United States Code, Section 12132 • Public Entities

  3. Prohibited Discrimination • No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity or any program or activity (“college”) receiving Federal funds • Title II of ADA and Section 504

  4. Applicable Context • Physical Accessibility • Making Existing Facilities Accessible • Ensuring that new and renovated facilities are accessible • Ramps, Railings, Curb Cuts, Door Openers • Required Parking, Signage, Braille • Upgrade Restrooms, Entryways • Program Accessibility • Reasonable Accommodations

  5. What is a Disability? • A physical or mental impairment that limits one or more major life activities • Major life activities include: • Caring for one's self • Performing manual tasks • Walking, seeing, hearing, speaking, breathing, • Working • Learning

  6. District’s Legal Obligation • In General: • To provide equal opportunities to students with disabilities • Ensure equal level of communication • Afford the same benefits and services • Provide instruction and services that are equally effective in affording the opportunity to obtain the same results • Afford the same rights, privileges, advantages, and opportunities afforded to others • 28 CFR Section 35.130 • 34 CFR Section 104.4

  7. Provide Auxiliary Aids – Section 504 • The recipient shall take such steps as are necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills. • 34 CFR Section 104.44(d)

  8. Provide Auxiliary Aids – Title II ADA • A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity. • In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities. • 28 CFR Section 35.160

  9. Required Objective in Providing Auxiliary Aids? Ensure Effective Communication

  10. Qualified interpreters, note takers, transcription services, written materials, assistive listening devices, open and closed captioning, videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; Acquisition or modification of equipment or devices 34 CFR Section 104.44(d) 28 CFR Section 35.104 Qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; Classroom equipment adapted for use by students with manual impairments Auxiliary Aids

  11. Enrollment assistance Priority registration Student educational planning Special parking privileges Sign language interpreters Note-taking assistance Tutoring referrals Equipment loans Specialized academic and vocational counseling Recorded Class Lectures Test-taking accommodations Special classes Liaison with the Braille Institute Access to assistive technology Alternate text formats Learning skills assessment Common Accommodations

  12. Exam Accommodations • In its course examination of students with disabilities that impair sensory, manual, or speaking skills, the recipient shall provide a method for evaluation that will best ensure that the results of the evaluation represents the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, or speaking skills. • 34 CFR Section 104.44(c)

  13. Personal Aids Not Required • The District is NOT required to provide: • Personal Devices • Wheelchairs, canes, walkers • Individually Prescribed Devices • prescription eyeglasses, hearing aids • Readers for personal use or study • Personal attendants or personal services • Assistance in mobility, eating, toileting, or dressing • 34 CFR Section 104.44(d) • 28 CFR Section 35.135

  14. Program Alteration • The recipient shall modify its academic requirements as are necessary to ensure that such requirements do not discriminate, or have the effect of discriminating, on the basis of disability. • Modifications may include: • Extending the time permitted to complete the degree • Substitution of required courses • Adaptation of the manner in which courses are conducted • However, academic requirements that the recipient can demonstrate are essential to the instruction or are part of a licensing requirement need not be waived, altered, or modified • 34 CFR Section 104.44(a)

  15. Other Rules are Prohibited • A recipient may not impose upon disabled students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students • 34 CFR Section 104.44(b) • Comfort Animals

  16. Tape Recording • Education Code Section 78907: • The use by any person, including a student, of any electronic listening or recording device in any classroom without the prior consent of the instructor is prohibited, except as necessary to provide reasonable auxiliary aids and academic adjustments to disabled students.

  17. The Interactive Process 1. Identify the impact of the disability on the learning process 2. Identify, select, and implement the appropriate accommodations 3. Follow up to determine the effectiveness of the accommodations Call DSPS

  18. Question and Answer

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