Navigating ADA Accommodations for Students with Disabilities

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 are pivotal pieces of legislation that ensure students with disabilities have equal access to educational opportunities. These laws mandate that postsecondary institutions provide necessary accommodations to students with disabilities, fostering an inclusive learning environment. This article explores the rights and responsibilities of students and institutions in providing and accessing ADA accommodations.

Understanding the Legal Framework

The ADA and Section 504 protect individuals from discrimination based on disability. A "qualified student with a disability" is defined as someone who meets the academic and technical standards for admission or participation in a university's educational programs, with or without reasonable accommodation.

To be considered disabled under these laws, a person must have a physical or mental impairment that substantially limits one or more major life activities. Major life activities include, but are not limited to, seeing, hearing, learning, reading, concentrating, thinking, and communicating. An impairment "substantially limits" a major life activity if it restricts the student's ability to perform the activity compared to the average person in the general population.

Key Federal Statutes

Several federal statutes play a crucial role in ensuring equal opportunity for people with disabilities:

The Americans with Disabilities Act (ADA): Prohibits discrimination based on disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.
Section 504 of the Rehabilitation Act: Prohibits discrimination based on disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.
The Fair Housing Act: Prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin.
The Air Carrier Access Act: Prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments.
The Voting Accessibility for the Elderly and Handicapped Act of 1984: Requires polling places across the United States to be physically accessible to people with disabilities for federal elections.
The National Voter Registration Act of 1993: Makes it easier for all Americans to exercise their fundamental right to vote, including those with disabilities.
The Individuals with Disabilities Education Act (IDEA): Requires public school systems to develop appropriate Individualized Education Programs (IEP’s) for each child with a disability.
The Architectural Barriers Act (ABA): Requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility.

The Accommodation Process

The process of determining eligibility for and the nature of disability accommodations is interactive and collaborative, requiring the direct involvement of the student.

Initial Steps

Disclosure: Students seeking accommodations must disclose their disability to the disability resource center or office on campus.
Documentation: Students are responsible for providing written documentation of their disabilities. This documentation should indicate that the disability substantially limits one or more major life activities.
Eligibility Determination: The disability resource center determines whether the student is eligible for services based on the documentation provided.
Accommodation Coordination: If eligible, the center coordinates appropriate accommodations and services in consultation with the student and other professionals, as needed.

Reasonable Accommodations

A reasonable accommodation is a modification or adjustment to a course, program, service, job, activity, or facility that enables a qualified individual with a disability to have an equal opportunity to attain the same level of performance or to enjoy equal benefits and privileges as are available to an individual without a disability.

Reasonable accommodations do not compromise the essential elements of a course or curriculum, nor do they weaken the academic standards or integrity of a course. They simply provide an alternative way to accomplish the course requirements by eliminating or reducing disability-related barriers.

Types of Accommodations

Accommodations can be grouped into the following categories:

Presentation Accommodations: Present instruction or assessment in an alternate format (e.g., ASL, captioning, assistive technology devices, Braille, large print, or a reader).
Response Accommodations: Allow students to complete assignments or exams in different ways (e.g., use of reference aids, clicker, use of computer).
Timing/Scheduling Accommodations: Increase the allowable length of time to complete a test or assignment and may also change the way the time is organized (e.g., extended time, frequent breaks).
Setting Accommodations: Change the location in which a test or assignment is given or the conditions of the assessment setting (e.g., private exam room, distraction-reduced).

Examples of Accommodations

Auxiliary Aids and Services: Providing sign language interpreters for students who are deaf or hard of hearing.
Testing Accommodations: Allowing a student to give oral rather than written answers, or to present a tape containing the oral examination response.
Extended Time: Granting additional time on exams and assignments for students with dyslexia or other learning disabilities.
Advanced Access to Class Materials: Providing lecture materials in advance to facilitate note-taking.
Use of a Scribe: Providing a scribe for recording answers during exams for students with functional impairments in writing.
Basic Calculator: Allowing the use of a basic calculator during exams if the objective of the test is not to measure basic math computations.

Limitations and Considerations

Personal Aids and Services: Postsecondary institutions are not required to provide personal aids and services, such as help in bathing, dressing, or other personal care.
Fundamental Alteration: Accommodations should not fundamentally alter or eliminate essential course requirements.
Undue Burden: Institutions are not required to provide accommodations that would result in undue financial and administrative burdens.
Guarantee of Success: The ADA does not mandate that accommodations be applied until success is achieved. Accommodations are designed to reduce the impact of one’s disability on a task or activity, not guarantee a student’s success.

Testing Accommodations for Standardized Exams and High-Stakes Tests

The ADA ensures that individuals with disabilities have the opportunity to fairly compete for and pursue educational and employment opportunities by requiring testing entities to offer exams in a manner accessible to persons with disabilities.

Eligibility: Individuals with disabilities are eligible to receive necessary testing accommodations.
Documentation: Any documentation required by a testing entity must be reasonable and limited to the need for the requested testing accommodations.
Past Accommodations: If a candidate requests the same testing accommodations he or she previously received on a similar standardized exam or high-stakes test, provides proof of having received the previous testing accommodations, and certifies his or her current need for the testing accommodations due to disability, then a testing entity should generally grant the same testing accommodations without requesting further documentation.
Formal Public School Accommodations: If a candidate previously received testing accommodations under an Individualized Education Program (IEP) or a Section 504 Plan, he or she should generally receive the same testing accommodations for a current standardized exam or high-stakes test.
Qualified Professionals: Testing entities should defer to documentation from a qualified professional who has made an individualized assessment of the candidate that supports the need for the requested testing accommodations.
Timely Response: A testing entity must respond in a timely manner to requests for testing accommodations so as to ensure equal opportunity for individuals with disabilities.
Reporting Accommodated Scores: Testing entities should report accommodated scores in the same way they report scores generally. Flagging policies that impede individuals with disabilities from fairly competing for and pursuing educational and employment opportunities are prohibited by the ADA.

Responsibilities of Institutions

Postsecondary institutions have several responsibilities under the ADA and Section 504:

Providing Accommodations: Institutions are responsible for providing necessary accommodations when a student discloses a disability.
Non-Discrimination: The University may neither deny students with disabilities any benefit or service, nor offer any benefit or service that is not as effective as those offered to students without disabilities.
Effective Communication: Institutions must communicate effectively with people who have hearing, vision, or speech disabilities.
Program Accessibility: State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings.
Confidentiality: All disability-related information including documentation, accommodation letters, correspondence, and consultations are considered confidential and will be managed in accordance with The Family Educational Rights and Privacy Act (FERPA) regulations.

Responsibilities of Students

Students also have responsibilities in the accommodation process:

Self-Identification: It is the responsibility of the student with a disability to self-identify and inform the University that an accommodation is requested.
Providing Documentation: Students are responsible for providing written documentation of their disabilities.
Informing the Office of Accessible Education: Students have a responsibility to keep the Office of Accessible Education informed of any issues they may be having with the implementation of their accommodations.

Addressing Concerns and Grievances

A student who has concerns with their disability eligibility, a reasonable accommodation determination, the effectiveness of their approved accommodations, or disability discrimination is advised to first meet and discuss the concerns with the Director of Student Disability Services. The student may also request a review without first discussing the concerns with the director of Student Disability Services.

Temporary Impairments

Temporary impairments such as broken bones, temporary illnesses, concussions and recovery from surgery or medical conditions are generally not regarded as disabilities. However, students may be approved to receive temporary accommodations at the discretion of the Office of Accessible Education.

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