Educational Accommodations

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Educational Accommodations

Sections within this essay:

Background
Defining Disability
Accommodation of Disabilities
Reasonable Accommodation
Testing and Examinations
Hidden Disabilities
Private and Religious Schools
Postsecondary Education
Individuals with Disabilities Education Act
State Laws Regarding Disabled Students
Additional Resources
Organizations
American Council on Rural Special Education (ACRES)
American Speech Language-Hearing Association (ASHA)
Children with Attention Deficit Disorders (CHADD)
Clearinghouse of Disability Information Office of Special Education and Rehabilitative Services U.S. Department of Education
Dyslexia Research Institute, Inc.
Learning Disabilities Association of America (LDA)
National Center for Learning Disabilities (NCLD)

Background

Congress enacted the Americans with Disabilities Act (ADA) to prohibit discrimination against those with disabilities. The statute, first enacted in 1990, applies in the areas of employment, public accommodations, transportation, services offered by governmental entities, and other areas. The act attempts to extend the types of rights provided under the Civil Rights Act of 1964 to those with disabilities. Included among the right in the ADA are provisions requiring educational institutions to provide accommodations to those with disabilities.

The first success the disability rights movement had was with Section 504 of the Rehabilitation Act of 1973. Based on the models of previous laws that prohibited discrimination based on race or gender, Section 504 prohibits discrimination in programs or activities receiving federal financial assistance. It provides: "No otherwise qualified individual with handicaps in the United States … shall, solely by reason of her or his 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 provision marks the first time the disabled were viewed as a class of people, similar to a race or gender. The disabled used Section 504 to demand and enforce equal footing as a class under the law, one that could demand facilities to accommodate their disability.

Although this language offered some protection from educational discrimination for those with disabilities, Section 504 did not go far enough. It only applied in limited situations, where the program or building used federal financial aid in the form of grants. Those with disabilities still faced discrimination in the private sector, in private schools, and in those public facilities that did not use federal grant money. The disabled still faced a great many inaccessible schools; testing situations that did not offer alternatives for the deaf, the blind, or those with other types of disability; and other, similar barriers to equal education and access.

The Americans with Disabilities Act was passed on July 26, 1990, and signed into law by President George H.W. Bush. The intention of the Americans with Disabilities Act was to fill the gaps left behind by Section 504. The ADA builds upon the legal language within Section 504, so that applied together, both laws would cover almost any situation, public or private, that the disabled might encounter.

The ADA bars employment and educational discrimination against "qualified individuals with disabilities." Title II of the ADA applies specifically to educational institutions, requiring them to make educational opportunities, extracurricular activities, and facilities open and accessible to all students. The ADA applies equally to public and private sector institutions, although the requirements for private schools and institutions are slightly less stringent.

Defining Disability

Section 504 of the Rehabilitation Act of 1973 defines individuals with disabilities as those who have a physical or mental impairment which substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment. This category includes physiological disorders such as hearing impairment, vision impairment, or speech impairments; neurological disorders such as muscular dystrophy or multiple sclerosis; psychological disorders such as mental retardation, mental illness, or learning disabilities. The legislative definition does not spell out specific illnesses or impairments because of the difficulty of ensuring an all-inclusive list.

The deciding factor in determining whether or not a person suffers from a disability under Section 504 is whether the impairment limits one or more major life activities, such as walking, performing manual tasks, seeing, hearing, speaking, breathing, learning and/or working. The ADA defines a disability as a "physical or mental impairment that substantially limits one or more major life activity; a record of such impairment; or being regarded as having such impairment." The ADA covers obvious impairments such as difficulty in seeing, hearing, or learning, as well as less obvious impairments such as alcoholism, epilepsy, paralysis, mental retardation, and contagious and noncontagious diseases, specifically Acquired Immune Deficiency Syndrome (AIDS).

The difference between the two laws, as they apply to educational institutions, is that Section 504 applies to the recipients of grant monies from the federal government, while Title II of the ADA applies only to public entities, with some applications to private sector entities. These entities include nursery, elementary, secondary, undergraduate, or postgraduate schools, or other places of education, day care centers, and gymnasiums or other places of exercise or recreation.

Accommodation of Disabilities

Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA cover students in virtually any public school district, college, or university because they receive some form of federal assistance. Some private schools, colleges, and universities also receive such assistance, and students are protected under Section 504, but Title II does not apply to them. Both laws apply to all programs of a school or college, not simply academics. These include extracurricular activities such as band, clubs, or academic teams, as well as athletics and any activity that might occur off campus.

Neither law requires that all buildings be made fully accessible to students or teachers with disabilities. Those buildings constructed after the Section 504 regulation was issued in 1977 must be fully accessible. For older buildings, the law requires that the program or activity be made accessible. Often, classes or extracurricular activities are moved to another, more accessible, room to accommodate any disabled person who attends. An interpreter for the hearing-impaired or other types of assistance can be supplied.

Reasonable Accommodation

One aim of the ADA was to make educational institutions more accessible for the disabled. This aim covers "reasonable accommodations" such as the following:

Modification of application and testing
Allowing students to tape-record or videotape lectures and classes
Modification of class schedules
Extra time allotted between classes
Notetakers
Interpreters
Readers
Specialized computer equipment
Special education

Accommodation also includes physical changes to an educational institution's buildings, including the following:

Installing accessible doorknobs and hard-ware
Installing grab bars in bathrooms

Increasing maneuverability in bathrooms for wheelchairs
Installing sinks and hand dryers within reach
Creating handicapped parking spaces
Installing accessible water fountains
Installing ramps
Having curb cuts, sidewalks, and entrances that are accessible
Installing elevators
Widening door openings

Public accommodation is not required if a particular aid or service would result in either fundamental alteration of the services offered or the facility if the accommodation would impose an undue burden. (See Southeastern Community College v. Davis, 442 U.S. 397 (1979)). Under the U.S. Supreme Court's interpretation, Congress intended that undue burden and hardship must be determined on a case-by-case basis.

Testing and Examinations

Section 309 of the Americans with Disabilities Act fills the gap regarding testing and examination not defined by Section 504 of the Rehabilitation Act of 1973 or Title II of the ADA. Any educational facility that receives federal money or is a public facility because it is a function of the state or local government as defined under Title II of the ADA is required to make any examination accessible to persons with disabilities. This requirement includes physical access to the testing facility, as well as any modification of the way the test is administered to assist the disabled. Modifications may include offering extended time, written instructions, or the assistance of a reader.

Many licensing and testing authorities are not covered by Section 504 or Title II. In these cases, a provision in the ADA was included to assure that persons with disabilities are not prohibited from or disallowed in any educational, professional, or other examination opportunity because a test or course is conducted in an inaccessible location or is offered without the needed modifications to assist the disabled student. Modifications may include offering an examination with the assistance of a reader, in a braille or large print format, transcribers, or the proper computer equipment to help the disabled person.

Examiners may require proof of disability, but requests for documentation of the disability must be reasonable and must be limited to support for the modification or aid requested. The student or testing applicant may be required to bear the cost of providing such documentation for examination officials. Appropriate documentation would include:

Letter from physician or psychiatrist or other qualified individual
Evidence of prior diagnosis
Evidence of prior accommodation

Hidden Disabilities

Hidden disabilities are considered to be any physical or mental impairments that are not readily apparent to others. They include such conditions as learning disabilities, allergies, diabetes, epilepsy, as well as chronic illnesses such as heart, kidney, or liver disease. There are roughly four million American students with disabilities, many with impairments that are not immediately known without medical or diagnostic testing.

Private and Religious Schools

The ADA covers private elementary and secondary schools as places of public accommodation; i.e., the schools must be physically accessible to those with disabilities. But these schools are not required to provide free appropriate education or develop an individualized educational program for students with disabilities. Any private school that receives federal grant monies or any type of federal assistance would then fall under the Department of Education's regulations regarding construction and alterations to the private school's structures and buildings, where it can be conveniently and economically incorporated.

Postsecondary Education

Under Section 504, colleges and universities are not required to identify students with disabilities. They are required to inform all applicants of the availability of auxiliary aids, services, and academic adjustments. It is the student's responsibility to make his or her condition known and to seek out assistance.

Individuals with Disabilities Education Act

In addition to the protections offered by the ADA and Section 504, another statute, the Individuals with Disabilities Education Act (IDEA), provides additional protection to those with disabilities in the context of education. The act was originally passed by Congress in 1975 but has been amended on several occasions since that time. The goals of IDEA are as follows:

It ensures the disabled children are given a "free appropriate public education," emphasizing special education and related services that meet the specific needs of each disabled child
It ensures the protection of the rights of disabled children and their parents
It assists states, local governments, educational service agencies, and federal agencies to provide for the education of disabled children
It assists states to implement a statewide system of early intervention services for disabled infants and toddlers; It ensures that educators and parents have the necessary tools to improve educational results for disabled children
It assesses and ensures the effectiveness of efforts to educate disabled children

Unlike ADA and Section 504, which are nondis-crimination laws, IDEA is instead a grant program. It requires states that accept federal funds to provide free, appropriate public education to disabled children. Although the means by which IDEA operates differs from the ADA and Section 504, each of these statutes serve similar purposes for the most part.

State Laws Regarding Disabled Students

Under IDEA, states that receive federal funding must conduct an approved plan for meeting guidelines in educating disabled students. Accordingly, each state has enacted a statute designed to assure compliance with guidelines. A brief summary of these statutes is as follows:

ALABAMA: The statute related to education for exceptional children is located in title 16 of the Alabama Code.

ALASKA: The statute related to education for exceptional children is located in title 14 of the Alaska Statutes.

ARIZONA: The statute related to special education for exceptional children is located in title 15 of the Arizona Revised Statutes.

ARKANSAS: The statute related to education for handicapped children is located in title 6 of the Arkansas Code.

CALIFORNIA: The statute related to special education programs is located in the California Education Code.

COLORADO: The Handicapped Children's Education Act is located in title 22 of the Colorado Revised Statutes.

CONNECTICUT: The Exceptional Children Act is located in title 10 of the Connecticut General Statutes.

DELAWARE: The statute related to education for exceptional and handicapped students is located in title 14 of the Delaware Code.

FLORIDA: The statute related to instruction of exceptional students is located in chapter 1003 of the Florida Statutes.

GEORGIA: The statute related to special education services is located in title 20 of the Georgia Code.

HAWAII: The statute related to education for exceptional children is located in chapter 301 of the Hawaii Revised Statutes.

IDAHO: The statute related to education of handicapped or others unable to attend school is located in title 33 of the Idaho Code.

ILLINOIS: The statute related to the education of disabled children is located in chapter 105 of the Illinois Compiled Statutes.

INDIANA: The statute related to special education programs is located in title 20 of the Indiana Code.

IOWA: The statute related to education of children requiring special education is contained in chapter 281 of the Iowa Code.

KANSAS: The Special Education for Exceptional Children Act is located in title 72 of the Kansas Statutes.

KENTUCKY: The statute related to special education programs is located in title 157 of the Kentucky Revised Statutes.

LOUISIANA: The statutes related to education opportunities for exceptional children is located in title 17 of the Louisiana Revised Statutes.

MAINE: The statute related to education for exceptional children is located in title 20-A of the Maine Revised Statutes.

MARYLAND: The statute related to compensatory education for disadvantaged and handicapped children is contained in the Maryland Education Code.

MASSACHUSETTS: The statute related to education of children with special needs is located in chapter 71B of the Massachusetts Laws.

MICHIGAN: The statute related to special education programs for the handicapped is located in chapter 380 of the Michigan Compiled Laws.

MINNESOTA: The statute related to special education for handicapped children is located in chapter 120 of the Minnesota Statutes.

MISSISSIPPI: The statute related to education for exceptional children is located in title 37 of the Mississippi Code.

MISSOURI: The statute related to special educational services for handicapped children is located in chapter 162 of the Missouri Revised Statutes.

MONTANA: The statute related to special education programs for handicapped children is located in title 20 of the Montana Code.

NEBRASKA: The statute related to special education is located in chapter 79 of the Nebraska Revised Statutes.

NEVADA: The statute related to education of handicapped minors is located in chapter 388 of the Nevada Revised Statutes.

NEW HAMPSHIRE: The statute related to programs of special education is located in chapter 186-C of the New Hampshire Revised Statutes.

NEW JERSEY: The statute related to classes and facilities for handicapped children is located in title 18A of the New Jersey Statutes.

NEW MEXICO: The statute related to special education for exceptional children is located in chapter 22 of the New Mexico Statutes.

NEW YORK: The statute related to children with handicapping conditions is located in sections 4401 et seq. of the New York Education Law.

NORTH CAROLINA: The statute related to special education programs is located in chapter 115C of the North Carolina General Statutes.

NORTH DAKOTA: The statute related to special education of exceptional children is located in title 15 of the North Dakota Century Code.

OHIO: The statute related to the education of handicapped children is located in chapter 3323 of the Ohio Revised Code.

OKLAHOMA: The statute related to special education for exceptional children is located in title 70 of the Oklahoma Statutes.

OREGON: The statute related to special education services is located in chapter 343 of the Oregon Revised Statutes.

PENNSYLVANIA: The statute related to education of exceptional children is located in title 24 of the Pennsylvania Statutes.

RHODE ISLAND: The statute related to education of handicapped children is located in title 16 of the Rhode Island General Laws.

SOUTH CAROLINA: The statute related to special education for handicapped children is located in title 59 of the South Carolina Code.

SOUTH DAKOTA: The statute related to special and prolonged educational assistance is located in title 13 of the South Dakota Codified Laws.

TENNESSEE: The statute related to special education programs is located in title 49 of the Tennessee Code.

TEXAS: The statute related to special education programs is located in the Texas Education Code.

UTAH: The statute related to the education of handicapped children is located in the Utah Code.

VERMONT: The statute related to education of handicapped children is located in title 16 of the Vermont Statutes.

VIRGINIA: The statute related to special education programs is located in title 22.1 of the Virginia Code.

WASHINGTON: The statute related to special education for handicapped children is located in title 28A of the Washington Revised Code.

WEST VIRGINIA: The statute related to education of exceptional children is located in title 18 of the West Virginia Code.

WISCONSIN: The statute related to children with exceptional needs is located in chapter 115 of the Wisconsin Statutes.

WYOMING: The statute related to programs for handicapped children is located in title 21 of the Wyoming Statutes.

Additional Resources

Americans with Disabilities Handbook Equal Opportunity Commission and U.S. Department of Justice. October 1991.

Auxiliary Aids and Services for Post-secondaryStudents with Disabilities: Higher Education's Obligations Under Section 504 and Title II of the ADA. Office for Civil Rights, U.S. Department of Education. 1998.

The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973 Office for Civil Rights, U.S. Department of Education. 1995.

Clearinghouse for information about federal government resources, pamphlets, and information regarding disabilities, maintained by the Presidential Task Force on Employment of Adults with Disabilities. http://www.disAbility.gov.

Education Law James A. Rapp, LexisNexis/Matthew Bender, 2005.

Student Placement in Elementary and Secondary Schools and Section 504 and Title II of the ADA. Office for Civil Rights, U.S. Department of Education.1998.