Universities' Legal Duty To Accommodate Students With Disabilities

Students with disabilities are protected from discrimination by federal laws such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Title II of the ADA covers publicly-funded universities, while Title III covers private schools. Section 504 applies to any school that receives federal funding. These laws require universities to provide equal access to education and make reasonable accommodations for students with disabilities, unless doing so would fundamentally alter the program or cause undue financial burden. Accommodations may include architectural access, auxiliary aids such as sign language interpreters or Braille, and modifications to policies and procedures. Students with disabilities have the right to request accommodations and file complaints if their rights are violated.

Architectural access to buildings

Ensuring architectural access to buildings is a crucial aspect of creating an inclusive environment for students with disabilities in universities. Architectural barriers refer to physical elements of a building that hinder the movement or access for people with disabilities. For instance, if a building's entrance is only accessible by stairs, it poses a challenge for wheelchair users.

The Americans with Disabilities Act (ADA) Standards for Accessible Design outline the requirements for a building to be physically accessible. These standards cover newly constructed buildings, alterations to existing structures, providing "program access" by making architectural changes to government buildings, and removing architectural barriers in existing buildings without incurring significant difficulty or expense.

Universities can ensure architectural access to buildings in several ways:

• Wheelchair accessibility: This includes ramps, slopes, and lifts to ensure that all areas of the building are accessible for wheelchair users.
• Accessible residential facilities: Residential buildings should also be designed with accessibility in mind, providing wheelchair-friendly living spaces and necessary accommodations for students with disabilities.
• Sensory cues: For students with visual or auditory impairments, incorporating sensory cues such as tactile guides or audio signals can help them navigate the building.
• Wide-axis circulation: Creating spacious circulation areas allows for easier movement, particularly for students using wheelchairs or other mobility devices.
• Placement of essential amenities: Amenities such as libraries, dining areas, and classrooms should be strategically placed on easily accessible floors or areas to ensure that all students can access them without difficulty.
• Sign language interpreters and assistive devices: Providing sign language interpreters or offering assistive listening devices ensures effective communication for students with hearing impairments.
• Braille and electronic formats: Offering Braille or electronic formats of printed materials, such as books or instructional signs, is essential for students with visual impairments.

It is important to note that the specific accommodations required will vary depending on the unique needs of the students and the type of disabilities present. Additionally, universities should also be prepared to make reasonable adjustments and provide individualised accommodations when necessary.

Aids and services for effective communication

The Americans with Disabilities Act (ADA) requires public and private colleges and universities to provide equal access to education for students with disabilities. This includes providing aids and services necessary for effective communication.

The type of auxiliary aid or service required depends on the nature, length, and complexity of the communication, as well as the individual's normal methods of communication. For example, a person who is deaf or hard of hearing may need a sign language interpreter, while a person with low vision may need large print materials or assistive technology.

Auxiliary aids and services must be provided in a timely manner and must protect the privacy and independence of the individual with a disability. They should also be provided free of charge and in a format that is accessible to the individual.

Some examples of auxiliary aids and services include:

• Sign language interpreters
• Video remote interpreting
• Large print materials
• Accessible electronic and information technology
• Exchange of written notes
• Real-time transcription services
• Assistive listening devices
• Telephones compatible with hearing aids
• Closed captioning
• Screen reader software
• Magnification software
• Braille materials

In the context of higher education, universities must also ensure that communication with students with disabilities is as effective as communication with students without disabilities. This may include providing extended time for exams, allowing lectures to be audio-recorded, or making substitutions for course requirements.

It is important to note that accommodations and modifications are not required if they would fundamentally alter the nature of the service, program, or activity, or cause undue financial or administrative burden.

To ensure compliance with the law, universities often have an office dedicated to coordinating accommodations for students with disabilities. Students should notify the appropriate office of their needs well in advance to ensure that the necessary accommodations can be put in place.

Modifications to policies, practices and procedures

Modifications to policies, practices, and procedures are essential to ensuring equal access to education for students with disabilities. Universities are required to make reasonable adjustments to accommodate students with disabilities, unless doing so would fundamentally alter the nature of the program or service or cause undue financial or administrative burden.

Some examples of modifications in policies and procedures include:

• Rescheduling classes to an accessible location
• Early enrollment options to allow time for arranging accommodations
• Substituting specific courses required for degree completion
• Allowing service animals in the classroom
• Providing written outlines or summaries of class lectures
• Extending time for testing
• Not assessing penalties for spelling errors on papers or exams
• Allowing substitutions for certain required or prerequisite courses
• Providing exams in an alternate format

These modifications are tailored to meet the individual needs of each student with a disability.

In addition to these modifications, universities can also provide aids and services such as sign language interpreters, Braille or electronic formats, and assistive listening devices to ensure effective communication.

It is important to note that students with disabilities have the primary responsibility for identifying and documenting their disability and requesting specific accommodations. Universities usually have offices dedicated to coordinating accommodations for students with disabilities, such as the Office for Students with Disabilities or the Center for Disability Services. These offices can provide guidance and support throughout the process.

Students' responsibility to disclose disabilities

Students have the choice to disclose their disability or not, and colleges cannot ask them to do so. However, if students want to receive accommodations, they will need to complete the college's disability services registration process, which involves providing documentation of their disability and the accommodations they require.

Students are responsible for self-identifying as a person with a disability to the disability services office at their college or university and providing up-to-date documentation of their disability. They must also request academic accommodations that will ensure access to information and testing on an equal level with students without disabilities. This includes reminding faculty in a timely manner of any approved accommodations for tests and assignments. Ultimately, students are responsible for their education, including maintaining satisfactory academic levels, attending classes, completing assignments, behaving appropriately, and communicating regularly with the appropriate office and/or individual regarding their specific needs.

Students do not have to disclose their disability to their instructor, only the need for accommodations. However, they may choose to self-identify to their instructor as a student with a disability and provide them with a copy of their Individual Student Profile developed with the disability services office.

It is important to note that privacy laws protect information about a person's disability, and adjustments and support are arranged without sharing details of the disability with lecturers, tutors, or other students. Students' reasonable adjustments will generally be added to an Access Plan, which is limited to only those who need to know and does not include any health or diagnostic information.

If students are not interested in receiving accommodations, they never need to let anyone at the college know about their disability. However, if they do want accommodations, they should notify the appropriate institutional office well in advance of the needed modification or accommodation.

Schools' responsibility to accommodate

Schools have a responsibility to accommodate students with disabilities, and there are laws in place to ensure that this happens. In the US, the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 are the two key pieces of legislation that protect students with disabilities from discrimination.

The Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act states that:

> "No otherwise qualified handicapped individual in the United States shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

This means that all schools, both public and private, that receive federal funding are required to make their programs accessible to students with disabilities. This includes providing equal access to the school's facilities and services, such as housing, transportation, health insurance, and financial aid. Schools must also provide reasonable accommodations to students with disabilities, unless doing so would fundamentally alter the nature of the service or cause an undue financial or administrative burden.

The Americans with Disabilities Act of 1990

Responsibility of the Student

It is important to note that students with disabilities have a responsibility to make their needs known to the school and request any required academic adjustments. Schools are not obligated to identify students with disabilities, and students must disclose their disability and provide documentation if necessary.

Examples of Accommodations

Accommodations can vary depending on the individual's needs but may include:

• Sign language interpreters
• Braille or electronic formats
• Assistive listening devices
• Extended time for testing
• Allowing service animals in the classroom
• Providing written outlines of class lectures
• Reassigning classes to accessible locations

Frequently asked questions