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There are two major legislative decisional products that have shaped what public and private post-secondary educational institutions practice regarding students with disabilities (follow the links to review the laws in their entirety):
The Americans with Disabilities Act (ADA)
Since its initial enforcement in 1990 (Public Law 101-336), ADA was enacted to "establish a clear and comprehensive prohibition of discrimination on the basis of disability." The main idea behind ADA is that "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 such entity (42 U.S.C. 12132).
The Rehabilitation Act, Section 504
Section 504 was enacted in 1973 (Public Law: 93-112) to ensure that "no otherwise qualified person with a disability in the United States . . . shall, solely by reason of. . . disability, be denied the benefits of, be excluded from participation, or be subjected to discrimination under any program any activity receiving federal financial assistance" (29 U.S.C. 791).
The basic idea behind these two acts, and additional state laws, is that an educational institution should accommodate an otherwise qualified student in order to ensure equal access to what is being provided to all students and equal opportunity to learn.
What constitutes a disability under federal law? Who is a qualified individual with a disability? Is a student disabled if an impairment does not substantially limit a major life activity? What is a reasonable accommodation? Do students have a responsibility to inform their institutions about their disability when they request assistance? Do you have to provide extended time for tests and or assignments as an accommodation? And what happens if you deny an accommodation?
Looking at the Office for Civil Rights and the court decisions addressing these issues, as well as conferring with legal counsel, can help you determine the most prudent actions to take. Below are some points to remember.
- Federal law protects qualified individuals with disabilities.
- Students are considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment or are regarded as having such an impairment. AD/HD does not always qualify students for accommodations.
- Federal law also protects individuals who are discriminated against because they have a known association or relationship with an individual with a disability.
- A qualified individual with a disability is a person who meets the institution’s requirements with or without reasonable accommodation.
- A reasonable accommodation is any modification or adjustment that provides a qualified individual with a disability access to education programs.
- Just because individuals don’t “look” disabled doesn’t mean you should deny their accommodation requests. If the disability and or the need for accommodations is not obvious, you may have students who say they have disabilities provide medical documentation when they request a reasonable accommodation.
- If a student is disabled, you should provide accommodations in a timely manner.
- Students who request institutions accommodate them must show that the institutions had knowledge of their alleged disability when they requested assistance.
- You should never grant a student “unlimited time.” If a student requests “extended” time, work with your disability services office to determine the appropriate additional time the student should receive.
- All accommodations should be considered on a case by case basis.
- Remember, PLuS understands the various laws as well as what is required for medical documentation. Make accommodation decisions in conjunction with PLuS. Do not go it alone.
Resources
1 Faculty Training Tips: Guidance for Teaching Students with Disabilities. Horsham, PA: LRP Publications (2005).