ADA and Higher Education:

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ADA and Higher Education
EEO/AA Office 20 Ehrhardt St. Suite 2 2-1282 /
2-9581 -fax
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EEO
mployment
pportunity/Affirmative Action
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Section 504 of the Rehab Act of 1973

• Prohibits discrimination on the basis of
  disability in any program or activity offered by
  an entity receiving federal funds.
• Requires reasonable and appropriate auxiliary
  aids and services.

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Disability Act of 1990

• The Americans with Disabilities Act of 1990 gives
  civil rights protections to individuals with
  disabilities.
• Title II of the ADA prohibits discrimination
  against qualified individuals with disabilities
  in all programs, activities, and services of
  public entities. It applies to all State and
  local governments, their departments and
  agencies, and any other instrumentalities or
  special purpose districts of State or local
  governments

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Who is covered by the ADA?

• To be protected by ADA, one must have a
  disability or have a relationship or association
  with an individual with a disability. ADA does
  not specifically name all the impairments that
  are covered.
• Definitely covered mobility, sensory, or mental
  impairments that substantially limits one or more
  major life activities

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If You Think You Have a Disability

• 1. See a qualified professional (physician,
  psychiatrist, chiropractor, etc.) and have the
  disability thoroughly documented using the
  universitys forms (http//www.musc.edu/ada) .
• 2. Meet with your College Coordinator or the 504
  ADA Student Coordinator (Mike Vanderhurst) to
  discuss your disability and suggest a reasonable
  accommodation.
• 3. Allow your ADA College Coordinator time to
  research your request.

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Rehabilitation Act 504

• Provides that
• 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

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A qualified person with a disability is legally
defined as

• A person with a physical or mental impairment
  that substantially limits one or more major life
  activities OR
• A person who has a record or history of such an
  impairment OR
• A person who is regarded as having such an
  impairment
• AND
• Must meet the academic and technical standards
  required for admission or participation in the
  educational program or activity.

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Some Examples of qualification

• Students 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.

• 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.

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Qualification continued

• Recovered alcoholics or drug abusers are persons
  with a disability. Persons currently abusing
  drugs or alcohol may be persons with disabilities
  under Section 504 but are not considered disabled
  under the ADA. Under both laws, a person may not
  be qualified for an educational program because
  of adverse behavior that sometimes accompanies
  alcoholism and drug addiction.
• Generally, persons with contagious diseases who
  are otherwise qualified to participate in
  federally assisted programs and activities cannot
  be denied equal access to services.

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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.

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FAIR TREATMENT

• STUDENTS ARE STILL REQUIRED TO MEET ESSENTIAL,
  ACADEMIC TECHNICAL STANDARDS OF COLLEGE OR
  UNIVERSITY WITH OR WITHOUT REASONABLE
  ACCOMODATION BUT
• Reasonable accommodations must be provided to
  qualified students who identify themselves as
  such

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Reasonable Accommodation

• Reasonable accommodations must be made if they
  would allow a qualified person with disabilities
  to effectively participate in an educational
  program or service.

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Essential, Academic Technical Standards
clarified

• fundamentally altering programs or instruction
  is not required
• Academic standards (for instance, minimum GPA
  requirements) must be upheld

• 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 themselves or
  others, they may be excluded

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Reasonable Accommodations May Include

• A change in an educational program (i.e.,
  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
• Structural modifications (i.e., ramps, wide
  doorways, accessible bathrooms)
• Providing modified equipment (i.e., Braille
  keyboard on a word processor) and/or
• Providing aides such as interpreters or readers.

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What isnt 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
• Accommodations that would require undue
  administrative or economic burden

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So What Accommodations Are Required?

• Because every case is different, each request
  MUST be considered 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

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Likely to be sustained

• 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
• Registration assistance
• Assistance in applying for financial aid
• Classroom modifications (preferential seating,
  taping, and note-taking assistance
• Priority in housing for students who need a
  single or large room
• Priority in parking for students with mobility
  impairments and certain psychological
  disabilities

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Less Likely to be sustained, 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

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Unlikely to be sustained

• Unlimited time for examinations
• Unlimited time for degree completion
• Unlimited leaves of absence
• Permission to entirely avoid attendance
  expectations applied to students in general
• Reassignment to another teacher
• Provision of examinations or instructional
  services off-campus except when generally
  provided to students
• Individualized instruction or tutoring except
  when commonly provided to students
• Restructuring of the curriculum to address the
  students individual learning style

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Student vs. School Responsibility

• Student must
• Identify themselves as person with a disability
• Provide necessary documentation
• Request accommodation
• Work with Disability Services Office and
  Professors to implement modification

• Professor/School must
• Work with Deans office to determine, reasonable
  modifications that do not compromise the
  essential, academic or technical standards of the
  curriculum
• Pay for accommodations but not those of a
  personal nature (like home study aids)

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Nuts and Bolts for Professors

• Read syllabus statement at beginning of class
  (inviting students to request accommodations)
• IF student approaches you with certification
  letter, meet to discuss strategies for
  accommodation (meeting does NOT have to be
  outside normal office hours)
• Determine needs / make reasonable accommodations
  on an ongoing basis
• Contact College Coordinator or the 504 ADA
  Student Coordinator for support, clarifying
  needs, and resolving disputes

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Accommodation ExamplesLow 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

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Accommodation ExamplesBlindness

• Audio or Brailed lecture notes, handouts and
  texts
• Raised line drawings and tactile models
• Braille signs and equipment labels
• Adaptive lab equipment (talking thermometers,
  probes, timers)
• Class assignments made available electronically
• Computer with optical character reader, voice
  output, Braille screen display and printer output

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Accommodation ExamplesHearing 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 lab emergencies
• Use of electronic mail for class and private
  discussions

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Accommodation ExamplesLearning 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

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Accommodation ExamplesMobility Impairment

• Note takers/lab assistants group lab assignments
• Classrooms, labs, field trips in accessible
  locations only
• Adjustable tables, lab equipment within reach
• Class assignments in electronic format
• Computer equipped with special input device (e.g.
  voice, morse code, alternative keyboard)

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Accommodation ExamplesHealth Impairment

• Note takers
• Flexible attendance requirements and extra exam
  time
• Assignments in electronic format use of e-mail
  to facilitate communication

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Law applies to provision of all 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

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Discrimination in Admissions is Prohibited.

• Admissions tests must be given in accessible
  locations and to all students.
• Reasonable accommodations are required in
  admissions testing.
• 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.

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Discrimination in Course Work is Prohibited.

• Students may not be excluded from courses,
  majors, or technical programs because of
  disability.
• Modifications that do not fundamentally alter a
  program are required.
• Auxiliary education aids for persons with
  sensory, manual, speaking, or learning
  disabilities must be provided (i.e., 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 (e.g., a
  tape recorder for home study).

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Denial of Physical Access is Prohibited.

• Educational facilities must be physically
  accessible for use by persons with disabilities.
• 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.
• Students must be able to access their classrooms,
  laboratories, libraries, recreation areas,
  administration, etc.

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Grievances

• 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.
• See Draft Policy at http//www.musc.edu/ada

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ADA Complaints on Discrimination

• Any individual who believes that he has been
  discriminated against may request that the South
  Carolina Human Affairs Commission (SCHAC) or the
  Equal Employment Opportunity Commission (EEOC)
  initiate an administrative investigation. A
  special unit within the SCHAC will process
  individual complaints. The address and phone
  number for requesting administrative enforcement
  assistance is
• SCHAC2611 Forrest Drive,
• Suite 200 - P.O. Box 4490Columbia, SC 29340
• [phone]

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Campus Tours

• Have procedures in place to handle requests for
  accommodations by visitors with disabilities.
• Have a special tour or additional tour to provide
  more detailed information about campus access
  features.
• Publish the procedures for making requests.

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Trends

• Increase in the number of students with
  disabilities.
• More informed about accommodations.
• Shopping accommodations.

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• Mike Vanderhurst
• 504 ADA Student Coordinator
• 792-1282 vanderm_at_musc.edu
• www.musc.edu/eeo