scott lissner carol funckes. what must we do? accessible environments who’s covered? disability...
TRANSCRIPT
OUT OF THE BOX!
WHAT THE LAW SAYS... AND THE PROFESSIONAL JUDGMENT TO APPLY IT Scott LissnerCarol Funckes
OVERVIEW
Accessible environments Who’s covered?
Disability Otherwise Qualified
Non-discrimination Program, services and benefits
EFFECTIVE reasonable accommodationso Personal serviceo Student preferenceo Fundamental alterationo Undue hardship
APPLIES TO THE PROVISION OF ALL PROGRAMS, BENEFITS & SERVICES INCLUDING:
Recruitment Admissions Instruction (near, far &
blended) Housing Research Technology Job Placement Internships Library
LAW APPLIES TO PROVISION OF...
Advising & Counseling Camps, 4H …. Athletics & Intramurals Facilities & Grounds Transportation Employment & Work
Study Events (Campus
Visitors) On Line Services Student Organizations
Provide equally effective access to programs, benefits and services for
qualified individuals with disabilities in the most integrated manner possible
Section 504 of the Rehabilitation Act 34 CFR 104 & Title II of the Americans With Disabilities Act 28 CFR 35
INTERACTIVE PROCESS
Do I understand the student’s disability experience?
How does the information match with... my professional knowledge and
experience? my observations and interactions with the
student? Does available external information support
my conclusions? Do I need more information to fill gaps?o Is the accommodation necessary in order for
the student to have access?o Is the accommodation reasonable in the
context of the course or program?
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DEFINTITION OF DISABILITY
A physical or mental impairment that substantially limits a major life activity
A record of such an impairment Being regarded as having such an
impairment
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MAJOR LIFE ACTIVITIES
walking standing lifting bending speaking breathing learning
caring for oneself
performing manual tasks
seeing Hearing eating sleeping
Include but not limited to:
reading concentrating thinking communicati
ng Working major bodily
functions
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WHAT IS SUBSTANTIAL?
Disability should be construed broadlyo Not Toyota’s “prevents or severely
restricts” o Not limited to activities “of central
importance to daily life” (activities of daily living) used in Toyota
Exclude ameliorative impact of mitigating measures in determining coverage (not Sutton)
Episodic conditions or those in remission are considered based on their active/acute state (not Garrett)
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LIMITED IN WHAT WAY?
Compared to others in the general population
Commonsense vs. scientific standard
How is a major life activity substantially limited? NOT what can the individual do in spite of the
impairment.
CONDITION MANNER DURATION
OTHERWISE QUALIFIED
Meets academic & technical standards What is essential? Determined on a logical / rational basis
Does not pose a “direct threat”
specific risk must be identified risk must be current, not speculative
or remote risk must be based on objective,
factual evidence
NON-DISCRIMINATION
Title II (ADA): Makes it unlawful for postsecondary institutions to exclude qualified students with disabilities from participation in or benefits of services, programs or activities
What are discriminatory acts? Unequal treatment Not providing accommodations
REASONABLE ACCOMMODATIONS
Modifications to policies, practices, procedures or environments that provides an individual with a disability equal access or opportunity
Should be directly linked to the underlying disability
MUST BE EFFECTIVE “Best ensures”
WHAT CONSTITUTES A REQUEST?
No magic words Plain English is fine Doesn’t need to be in writing Doesn’t need to come from the student Can request ANYTHING
We need to respond
PERSONAL SERVICE
Not obligated to provide personal services, i.e. individually prescribed devices, such as
wheelchairs or hearing aids personal care attendants readers for personal use or study personal transportation individual tutoring (unless provided to
other students)
STUDENT PREFERENCE
Give primary consideration to the requests of individuals with disabilities
May select an equally effective accommodation