The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 mandate that students with disabilities be given access equal opportunity to education in post-secondary institutions. These institutions include public universities, vocational schools, community colleges, and private institutions. Colleges uphold this mandate by adhering to the provisions of the granting of necessary accommodations for eligible students. Here are three things to bear in mind about seeking and acquiring accommodations.
Covered entities are required to provide accommodations for eligible students
Title II and III of the ADA prohibit discrimination on the basis of a person's disability. Title II of the ADA protects persons with disabilities in state and local government and state-funded schools. Title III protects students with disabilities in places of public accommodation ― which includes private education institutions. Students must be given the opportunity to participate in an integrated setting.
Colleges can improve access to equal opportunity to education by providing qualified students with reasonable accommodation as needed.
Examples of such accommodations include:
- Distraction-free alternative exam settings
- Extended time on exams
- Removal of physical barriers to provide access to buildings
- Priority in registering for classes
- Allowing service animals into facilities
- Sign language interpreters
Students must request accommodations on their own
High school accommodations do not transfer to college. It is the responsibility of students to request necessary accommodations from their schools. Students must contact and schedule a meeting with their school’s Disability Services Office (DSO) or Disability Resource Center (DRC) – if this office does not exist, contact the enrollment center or administrative office to identify who coordinates accommodations. In the meeting, students will review their request, go over previous accommodations they may have received, and assess what accommodations are available.
Students may need to provide colleges with proof of their disability or need for accommodation. Proof can range from a recent medical report to a psychological evaluation. An IEP from high school may be helpful but it is not eligible evidence. In the case of short-term disability, such as a temporary injury, additional proof may not be required.
Students will then meet with a DSO/DRC representative, or staff tasked with coordinating accommodations. In this meeting, students will provide the necessary documentation for their accommodation request. Together students and assigned staff or DSO/DRC representative will then outline the accommodations necessary for the student to succeed in school.
In most cases, the DSO representative or assigned staff will print a letter outlining any approved accommodations. Students are typically then expected to inform their professors of accommodations needed in the class. It can be considered for some to be good practice to remind professors of approved accommodations throughout the semester if additional challenges are identified.
Almost every college has a DSO/DRC. Information can be found on a school’s website. Search the site using terms such as, “Student Accessibility” or “Accommodations.”
Schools retain the right to refuse accommodations
Though it is required to provide ways for students with disabilities to participate, there are circumstances where schools are within their rights to refuse accommodations. One of those circumstances is if a student doesn’t disclose their disability to their school. While it is not legally required for students to disclose their disability, schools are in turn not required to provide accommodations unless they receive proof of a student’s need for accommodation.
Another circumstance where schools may withhold accommodations is if said accommodations would fundamentally alter the program or service (or curriculum). For example, a student with a mobility disability is studying to become an EMT and requests an accommodation to circumvent a CPR course because they do not have the ability to successfully implement the required chest compressions.
Not only would this result in an incomplete education in this discipline but could also be viewed as providing a student with an unfair advantage, lowering academic standards, or dramatically changing what is needed to complete a course. This is in accordance with ADA Title III’s general prohibitions. These prohibitions include not only denial of participation, but participation in unequal benefit as well.
Schools are also not required to provide accommodations that are deemed to be of a personal nature. This includes personal care support or personal devices such as a wheelchair or an iPad. Students must acquire those accommodations independently.
Conclusion
Students transitioning from K12 to a university or college should evaluate the institutions ahead of time. While some universities and colleges go above and beyond to accommodate students with disabilities, permitting student resource groups, disability-focused school newspapers, and other student led initiatives, others do what is required to comply with federal requirements. The best way to identify your future alma mater to schedule time to tour the school and evaluate their capabilities and ability to accommodate. Understanding the organization’s culture and structure is critical to your success as a student.
AccessibilityPlus 2022
Accessibility.com is proud of our role in promoting accessibility and equal access while recognizing there is much work to be done. As we welcome a new year in 2022, we have opened registration for AccessibilityPlus 2022, which will feature monthly events dedicated to promoting actionable solutions in implementing accessibility initiatives. Registration is limited. For more information about the conference, speakers, and topics, please visit our AccessibilityPlus registration page.
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