1 Accommodating Students with Disabilities John Patrick Evans, Certified Rehabilitation Counselor – Corporate Consultant Washington State Department Social and Health Services Division of Vocational Rehabilitation 2004

2 Rehabilitation Act – Section 504 Americans with Disabilities Act Prohibits discrimination against persons with disabilities in all Prohibits discrimination against persons with disabilities in all ServicesServices ProgramsPrograms ActivitiesActivities 42 USC Sec USC Sec CFR Sec CFR Sec

3 Definition of Disability Definition of Disability Federal A disability is defined as: (A) physical or mental impairment that substantially limits one or more major life activities (b) A record of such an impairment (c) Being regarded as having such an impairment 42 U.S.C (2)

4 Qualified Individual with Disability Qualified Individual with Disability An individual who, with or without reasonable modifications to rules, policies, and practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided. An individual who, with or without reasonable modifications to rules, policies, and practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided. 42 USC sec (2) 28 CFR sec

5 No Exclusion of People with Disabilities No Exclusion of People with Disabilities It is discrimination to refuse to allow a qualified person with a disability to participate in a service, program, or activity simply because the person has a disability. It is discrimination to refuse to allow a qualified person with a disability to participate in a service, program, or activity simply because the person has a disability. 28 CFR sec (a), (b)(1)(i)

6 Integrated Settings Integrated Settings It is a violation of the ADA/504 if the covered entity fails to provide programs and services in the most integrated settings appropriate to the needs of the individual i.e. in a setting that enables individuals with disabilities to interact with non-disabled person to the fullest extent possible. It is a violation of the ADA/504 if the covered entity fails to provide programs and services in the most integrated settings appropriate to the needs of the individual i.e. in a setting that enables individuals with disabilities to interact with non-disabled person to the fullest extent possible. 42 USC sec (d) 42 USC sec (d) 28 CFR sec (b)(1)(iv) 28 CFR sec (b)(1)(iv)

7 Integrated Settings Integrated Settings A recipient of federal funding may not provide different or separate aids, benefits, or services to students with disabilities or to any class of students with disabilities unless such action is necessary to provide the qualified student with disability with aids, benefits, or services that are as effective as those provided to others. 42 USC sec (d) 42 USC sec (d) 28 CFR sec (b)(1)(iv) 28 CFR sec (b)(1)(iv)

8 Program Access in Existing Facilities Program Access in Existing Facilities In existing facilities, the covered entity is required to operate each program so that, when viewed in its entirety, the program is readily accessible to and usable by people with disabilities. In existing facilities, the covered entity is required to operate each program so that, when viewed in its entirety, the program is readily accessible to and usable by people with disabilities. 28 CFR sec , CFR sec ,

9 Program Access in Existing Facilities Program Access in Existing Facilities In deciding which methods to use to achieve program access, innovation and creativity are encouraged: In deciding which methods to use to achieve program access, innovation and creativity are encouraged: Redesign of equipmentRedesign of equipment Reassignment to accessible buildingReassignment to accessible building Use of aids and home visitsUse of aids and home visits Delivery of services in alternate accessible sitesDelivery of services in alternate accessible sites Use of accessible vehiclesUse of accessible vehicles Alteration of existing facilitiesAlteration of existing facilities Construction of new facilitiesConstruction of new facilities

10 Auxiliary Aids & Services Auxiliary Aids & Services The covered entity must furnish appropriate auxiliary aids and services where necessary to afford an individual with disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity, unless it would result in a fundamental alteration of the program or an undue financial or administrative burden. The covered entity must furnish appropriate auxiliary aids and services where necessary to afford an individual with disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity, unless it would result in a fundamental alteration of the program or an undue financial or administrative burden. 28 CFR sec , (b), CFR sec , (b),

11 Auxiliary Aids & Services Auxiliary Aids & Services Notification should be provided to the appropriate representative of the recipient, who, depending upon the nature and scope of the request, could be one or more of the following: Section 504 or ADA CoordinatorSection 504 or ADA Coordinator The Appropriate DeanThe Appropriate Dean A Faculty Advisor or ProfessorA Faculty Advisor or Professor Disability Services CoordinatorDisability Services Coordinator

12 Auxiliary Aids & Services Auxiliary Aids & Services Some various types of auxiliary aids and services may include: taped textstaped texts note takersnote takers qualified interpretersqualified interpreters readersreaders student tutorsstudent tutors television enlargerstelevision enlargers talking calculatorstalking calculators reaching device for library usereaching device for library use

13 Auxiliary Aids & Services Auxiliary Aids & Services Some of the various types of auxiliary aids and services may include: electronic readerselectronic readers Braille calculators, printers, or typewritersBraille calculators, printers, or typewriters voice synthesizersvoice synthesizers assistance in filling out formsassistance in filling out forms specialized gym equipmentspecialized gym equipment calculators or keyboards with large buttonscalculators or keyboards with large buttons raised-line drawing kitsraised-line drawing kits

14 Auxiliary Aids & Services Auxiliary Aids & Services Institutions of higher education are not required to provide the most sophisticated auxiliary aids available; however, the aids provided must effectively meet the needs of a student with a disability.

15 Effectiveness of Auxiliary Aids Effectiveness of Auxiliary Aids No aid or service will be useful unless it is successful in equalizing the opportunity for a particular student with a disability to participate in the educational program or activity.

16 Effectiveness of Auxiliary Aids Effectiveness of Auxiliary Aids To be equally effective, auxiliary aids are not required to produce the identical result or level of achievement for a student with disability and non-disabled persons, but must afford a student with disability “equal opportunity” to obtain the same results, gain the same benefit or to reach the same level of achievement, in the most integrated setting appropriate.

17 Cost of Auxiliary Aids & Services Cost of Auxiliary Aids & Services If an aid or service is necessary for classroom or other appropriate (nonpersonal) use, the institution must make it available unless the requested accommodation would result in a fundamental alteration or undue burden. If an aid or service is necessary for classroom or other appropriate (nonpersonal) use, the institution must make it available unless the requested accommodation would result in a fundamental alteration or undue burden. 28 CFR sec , (b),

18 Cost of Auxiliary Aids & Services Cost of Auxiliary Aids & Services A student with a disability may not be required to pay part or all of the costs of that aid or service. An institution may not place a limit on its expenditure for auxiliary aids or services or refuse to provide auxiliary aids because it believes that other providers of these services exist, or condition its obligation to provide on the availability of funds.

19 Fundamental Alteration or Undue Burden Fundamental Alteration or Undue Burden Covered entities have the obligation to prove that providing an auxiliary aid or service would result in fundamental alteration or undue burden. Covered entities have the obligation to prove that providing an auxiliary aid or service would result in fundamental alteration or undue burden. All resources available for use in the funding and operation of the service, program or activity must be considered. All resources available for use in the funding and operation of the service, program or activity must be considered. 28 CFR sec CFR sec

20 Fundamental Alteration or Undue Burden Fundamental Alteration or Undue Burden The decision that fundamental alteration or undue burden would result must be made by the head of the covered entity or his/her designee, but in any case, by a high-level official, no lower than a department head, having budgetary authority and responsibility for making spending decisions. The decision that fundamental alteration or undue burden would result must be made by the head of the covered entity or his/her designee, but in any case, by a high-level official, no lower than a department head, having budgetary authority and responsibility for making spending decisions. 28 CFR sec

21 Fundamental Alteration or Undue Burden Fundamental Alteration or Undue Burden A decision of fundamental alteration or undue burden must be documented in a written statement, including the reasons for reaching the conclusion that fundamental alteration or undue burden would result. A decision of fundamental alteration or undue burden must be documented in a written statement, including the reasons for reaching the conclusion that fundamental alteration or undue burden would result. 28 CFR sec CFR sec

22 Personal Devices and Services Recipients need not provide attendants, individually prescribed devices such wheelchairs, hearing aids or prescription eyeglasses, readers for personal use or study, or other devices or services of a personal nature. 28 CFR sec CFR sec