The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 require schools to provide reasonable accommodations to ensure students with disabilities equal opportunity. There are, however, circumstances where schools are within their rights to refuse accommodations. Here are some examples of those situations and the contexts behind them.
Disclosure
If a student doesn’t disclose their disability to their school, they are at risk of not receiving accommodations. While it is not legally required for students to disclose their disability, schools are not required to provide accommodations unless they receive proof of a student’s need. This type of verification is an important step in the accommodation process.
Disclosure of a disability can be a sensitive issue. Individuals have a right to privacy and such a disclosure could feel intrusive. Those concerned should rest assured that schools are required to uphold the confidentiality of a student’s disability status. This is in accordance with the Family Educational Rights and Privacy Act (FERPA) with little exception.
For example, if a student doesn’t disclose their accommodation needs and fails a class, they cannot file a grievance against the school as a result. Had they engaged in the accommodation process, the school would have then been obligated to provide accommodations as long as they are reasonable.
If accommodations aren’t considered reasonable
Schools are only required to provide what are deemed to be “reasonable” accommodations. Reasonable accommodations are defined as modifications or adjustments to tasks, environment, or curriculum. Schools are not required to provide fundamental alterations to a class curriculum.
Fundamental alterations include providing a student with an unfair advantage, lowering academic standards, or dramatically changing what is needed to complete a course.
Consider, for example, if a student with a mobility impairment is in a firefighter training course and requests an exemption from a portion of the course that requires climbing up and down a ladder. The institution running the course would not be obligated to grant this accommodations request. To do so gives the student unequal benefit and significantly alters the standards of the course.
If accommodations are of a personal nature
Schools are also not required to provide accommodations that are deemed to be of a personal nature. Per section 504 of the 1973 Rehabilitation Act: “Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.” A school is only required to provide accommodations within school programs or class time.
For example, if a student needs support for class time (readers, note-takers, etc.), schools must grant those accommodations if they are reasonable. Schools are not required to provide these types of accommodations for a student’s personal study time. Students must find those supports on their own. Personal accommodations also include personal care support and personal devices such as a wheelchair or an iPad. Again, students must acquire those accommodations independently.
If a school facility was built before 1977
A common accommodation is making school facilities accessible. This can include installing wheelchair ramps and providing access to elevators. This is per the Department of Education’s Title 34 regulation. The regulation states, however, that “existing facilities” are exempt from making such accommodations. “Existing facilities” are buildings that either existed or were in the process of being built on or before June 3, 1977.
The standard around existing facilities is based on their activities. Existing facilities are not obligated to alter their physical structures to be more accessible. They are, however, obligated to find ways to make their inherent programs or activities accessible.
For example, if a college was built before 1977, it does not need to build a wheelchair ramp for students with mobility issues. It would, however, need to adjust its programming so that said students can attend their classes. This can be done by moving a class to a more accessible location on campus.
Conclusion
In general, K12 and higher education organizations should work to make their programs and curriculum accessible to the maximum extent feasible, not just because is the right thing to do, but also to ensure they are adhering to all relevant laws and creating equal opportunity for all students. However, students should be aware that there are instances in which schools are not required to make accommodations and learn to advocate for their own education accordingly.
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