Janice Lozano
Universities have a legal obligation to accommodate students with disabilities and must provide equal access to education. The Americans with Disabilities Act (ADA) covers both public and private universities, while Section 504 of the Rehabilitation Act (1973) covers federally funded programs and services. Universities must make reasonable accommodations for students with disabilities, such as auxiliary aids, modifications to policies, and academic adjustments, unless they pose an undue burden or fundamentally alter the program. Students must request modifications and provide documentation of their disability and the need for accommodations. With the increase in students with disabilities in higher education, universities have a responsibility to ensure equal access and non-discriminatory practices.
| Characteristics | Values |
|---|---|
| Applicable laws | Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Fair Housing Act (FHA) |
| Covered institutions | Public and private universities, community colleges, vocational schools |
| Required accommodations | Architectural access, aids for effective communication, modified policies and practices, individually-designed accommodations |
| Student responsibilities | Make abilities and limitations known, meet instructor's expectations |
| Instructor responsibilities | Adapt course presentation to meet student's needs |
| Office for accommodations | Most colleges have a disability services office |
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What You'll Learn
Discrimination and harassment claims
Universities are required by law to accommodate students with disabilities and prevent discrimination and harassment. This includes both public and private colleges and universities, which must provide equal access to education for students with disabilities.
Students with disabilities are protected by law from discrimination and harassment. This protection is provided by various laws and regulations, including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA). These laws prohibit discrimination and harassment based on disability and require universities to provide reasonable accommodations to ensure equal access to education.
If a student with a disability experiences discrimination or harassment, they have the right to file a complaint or take legal action. To succeed in a discrimination claim, a student must typically show that they are qualified and that the university knew of their disability but failed to provide reasonable accommodations. Proof of a violation is required, and conclusory allegations are not sufficient to substantiate a claim.
Universities are responsible for preventing and addressing disability discrimination and harassment. They must develop and disseminate official policies prohibiting such behavior, establish grievance procedures, and provide training to staff and students to recognize and handle potential harassment. Universities should also encourage the reporting of harassment and widely publicize anti-harassment statements and procedures.
Students who believe they have been subjected to disability discrimination or harassment can seek support from university disability services, student support services, or external organizations such as Citizens Advice in the UK or the ADA National Network in the US. These services can provide guidance on rights, responsibilities, and options for addressing the issue, including potential legal avenues.
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Architectural access
Universities are required by law to accommodate students with disabilities. The Americans with Disabilities Act of 1990 (ADA) and Section 504 prohibit discrimination against individuals with disabilities.
Students with disabilities often face challenges in accessing physical spaces on university campuses. Architectural barriers, such as buildings without ramps or automatic doors, can hinder their ability to navigate the campus freely. To ensure equal access, universities are encouraged to adopt universal design principles that consider the diverse needs of their student body. This may include providing ramps and handicap parking, accessible toilets, and automatic doors.
Universities should involve students with disabilities in decision-making processes regarding campus design. Student-led initiatives, such as collecting data on the accessibility of campus infrastructure, can help identify inaccessible areas and inform renovation plans. For example, a student with mobility impairments may require classes to be held in accessible facilities, with ramps and elevators installed for ease of movement between floors.
In addition to physical infrastructure, universities should also consider the flow of traffic within their spaces. Well-designed spaces should allow for easy navigation and ensure that students with disabilities can move between locations without facing obstacles or bottlenecks. This may involve repositioning furniture or equipment to create wider pathways.
To comply with the law and promote inclusivity, universities should aim to remove architectural barriers and ensure that all students can fully participate in academic and social activities. This may include providing priority registration for students with disabilities, ensuring accessible residential facilities, and accommodating service animals on campus.
By actively involving students with disabilities in campus design and implementing necessary adjustments, universities can create a more inclusive and accessible environment for all.
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Auxiliary aids and services
In the United States, the Office for Civil Rights in the Department of Education enforces regulations to ensure that students with disabilities have equal access to education. This includes the provision of auxiliary aids and services, which are defined as:
> "services, devices, technologies, and methods for providing effective communication, as well as the acquisition or modification of equipment or devices."
Postsecondary institutions are required to provide these auxiliary aids and services in a timely manner to ensure the effective participation of students with disabilities. Students must disclose their disabling condition and assist the institution in identifying the appropriate and effective auxiliary aids needed. However, it is important to note that postsecondary schools are not obligated to provide personal services or individually prescribed devices.
The specific auxiliary aids and services provided will depend on the unique needs of the student and the educational setting. For example, a student with a hearing impairment may require an interpreter for a seminar but may only need a notetaker for a large lecture. Institutions must give primary consideration to the requests of individuals with disabilities when determining the necessary auxiliary aids and services.
Many postsecondary institutions have dedicated offices that coordinate accommodations for students with disabilities, such as the Student Disability Services at the University of Texas at San Antonio. These offices work to simplify compliance with the law and promote equal access for students with disabilities.
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Modifications to policies and practices
Universities are required by law to accommodate students with disabilities. The Americans with Disabilities Act (ADA) covers both public and private universities. Section 504 of the Rehabilitation Act (Section 504) covers federally funded programs and services. The Fair Housing Act (FHA) covers student housing and dormitories.
For example, a university may need to provide priority registration, sign language interpreters, or specially proctored examination arrangements. They may also need to extend time limits on exams, allow lectures to be audio-recorded, or make substitutions for course requirements.
The ADA defines a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability". Universities must allow service animals to accompany their handlers on campus.
Printed materials should be available in alternative formats such as Braille, audio, electronic text, or large print.
Instructors must adapt their course presentation to meet the unique needs of students with disabilities. Accommodations and modifications should be designed to meet the individual needs of each student.
However, accommodations and modifications are not required when they would fundamentally alter the nature of the service or program or cause undue financial or administrative burden. Instructors can question accommodation decisions through the University's Fundamental Alteration Process if they believe that an accommodation fundamentally alters or eliminates essential course requirements.
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Instructor's responsibility
Instructors have a responsibility to provide reasonable accommodations for students with disabilities, ensuring that they have equal access to education. This includes adapting course presentations to meet the unique needs of students with disabilities, without altering academic standards or course content. For example, providing sign language interpreters, extending time limits on exams, or allowing lectures to be audio-recorded. Instructors must also maintain student confidentiality and treat all students with dignity and respect.
Instructors should be aware of the resources available to them through their institution's disability services office, which can provide guidance on accommodating students with disabilities. They can also refer to external resources, such as the ADA National Network, which offers technical guidance. Additionally, instructors can seek support from organisations like Chronically Academic and the National Association of Disabled Staff Networks, which offer mutual support and resources for academics and staff with disabilities.
Instructors are encouraged to work collaboratively with students to understand their specific needs and determine appropriate accommodations. Students are responsible for self-identifying as individuals with disabilities and providing up-to-date documentation to the disability services office. They should also communicate their required accommodations to instructors in a timely manner.
It is important to note that the emphasis is on accommodating the disability without fundamentally altering the nature of the service, program, or activity. Accommodations may vary depending on the specific disability and the student's individual needs. Instructors should be prepared to make adjustments to their teaching methods, assessment strategies, and classroom environments to ensure that students with disabilities have equal opportunities to participate and succeed in their courses.
Instructors should also be mindful of creating an inclusive and supportive classroom environment. This includes using inclusive language, encouraging open communication, and fostering a culture of respect and understanding. By proactively incorporating universal design principles in their teaching practices, instructors can make their courses more accessible and inclusive for all students, including those with disabilities.
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Frequently asked questions
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act (FHA) are the primary laws that require universities to accommodate students with disabilities.
Universities are required to provide reasonable accommodations that enable students with disabilities to have equal access to instruction, assessments, services, and facilities. This may include architectural access, auxiliary aids, and modifications to policies and practices.
Accommodations should not fundamentally alter the nature of the service, program, or activity, nor should they impose an undue financial or administrative burden on the university. Universities are also not required to provide the same level of support and services that a student may have received in high school.
Students with disabilities should notify the university's disability services office and provide appropriate documentation of their disability. They should also make their abilities and limitations known to their instructors and work with them to implement accommodations in the classroom.
Students can file a discrimination claim against the university and/or individual faculty members. However, proof of a violation is required, and the student must be able to show that the university knew of the disability and failed to provide appropriate accommodations.
