The District’s Legal The District’s Legal Obligation to Provide Obligation to Provide

Accommodations to Disabled Accommodations to Disabled StudentsStudents

Los Angeles Community College DistrictLos Angeles Community College DistrictOffice of General CounselOffice of General Counsel

Kevin D. Jeter, Esq.Kevin D. Jeter, Esq.Associate General CounselAssociate General Counsel

Applicable StatutesApplicable Statutes

• Rehabilitation Act of 1973, Section Rehabilitation Act of 1973, Section 504504– Title 29, United States Code, Section 79

4•Recipients of Federal FundsRecipients of Federal Funds

• American With Disabilities Act, Title II American With Disabilities Act, Title II – Title 42, United States Code, Section 12

132•Public EntitiesPublic Entities

Prohibited DiscriminationProhibited Discrimination• No qualified individual with a disability No qualified individual with a disability

shall, by reason of such disability, be shall, by reason of such disability, be excluded from participation in or be excluded from participation in or be denied the benefits of the services, denied the benefits of the services, programs, or activities of a public programs, or activities of a public entity, or be subjected to entity, or be subjected to discrimination by any public entity or discrimination by any public entity or any program or activity (“college”) any program or activity (“college”) receiving Federal fundsreceiving Federal funds– Title II of ADA and Section 504Title II of ADA and Section 504

Applicable ContextApplicable Context

1.1.Physical AccessibilityPhysical Accessibility1.1. Making Existing Facilities AccessibleMaking Existing Facilities Accessible

2.2. Ensuring that new and renovated Ensuring that new and renovated facilities are accessiblefacilities are accessible

• Ramps, Railings, Curb Cuts, Door OpenersRamps, Railings, Curb Cuts, Door Openers

• Required Parking, Signage, BrailleRequired Parking, Signage, Braille

• Upgrade Restrooms, EntrywaysUpgrade Restrooms, Entryways

2.2.Program AccessibilityProgram Accessibility– Reasonable AccommodationsReasonable Accommodations

What is a Disability?What is a Disability?

• A physical or mental impairment that A physical or mental impairment that limits one or more major life activitieslimits one or more major life activities

• Major life activities include:Major life activities include:– Caring for one's selfCaring for one's self– Performing manual tasksPerforming manual tasks– Walking, seeing, hearing, speaking, Walking, seeing, hearing, speaking,

breathing, breathing, – WorkingWorking– LearningLearning

District’s Legal ObligationDistrict’s Legal Obligation

• In General: In General: – To provide equal opportunities to To provide equal opportunities to

students with disabilitiesstudents with disabilities• Ensure equal level of communicationEnsure equal level of communication

• Afford the same benefits and servicesAfford the same benefits and services

• Provide instruction and services that are equally Provide instruction and services that are equally effective in affording the opportunity to obtain the effective in affording the opportunity to obtain the same resultssame results

• Afford the same rights, privileges, advantages, and Afford the same rights, privileges, advantages, and opportunities afforded to othersopportunities afforded to others

• 28 CFR Section 35.130

• 34 CFR Section 104.4

Provide Auxiliary Aids – Section Provide Auxiliary Aids – Section 504504

• The recipient The recipient shall take such stepsshall take such steps as are necessary to ensure that no as are necessary to ensure that no handicapped student is denied the handicapped student is denied the benefits of, excluded from benefits of, excluded from participation in, or subjected to participation in, or subjected to discrimination discrimination because of the because of the absence of educational auxiliary aids absence of educational auxiliary aids for studentsfor students with impaired sensory, with impaired sensory, manual, or speaking skills.manual, or speaking skills.

•34 CFR Section 104.44(d)

Provide Auxiliary Aids – Title II Provide Auxiliary Aids – Title II ADAADA• A public entity A public entity shall furnish appropriate shall furnish appropriate

auxiliary aids and servicesauxiliary aids and services where necessary where necessary to afford an individual with a disability an to afford an individual with a disability an equal opportunity to participate in, and equal opportunity to participate in, and enjoy the benefits of, a service, program, or enjoy the benefits of, a service, program, or activity conducted by a public entity.activity conducted by a public entity.

• In determining what type of auxiliary aid In determining what type of auxiliary aid and service is necessary, a public entity and service is necessary, a public entity shallshall give primary consideration to the give primary consideration to the requests of the individual with disabilities.requests of the individual with disabilities.– 28 CFR Section 35.160

Required Objective in Required Objective in Providing Auxiliary Aids?Providing Auxiliary Aids?

Ensure Effective CommunicationEnsure Effective Communication

Auxiliary AidsAuxiliary Aids

• Qualified interpreters, note Qualified interpreters, note takers, transcription takers, transcription services, written materials, services, written materials, assistive listening devices, assistive listening devices, open and closed captioning, open and closed captioning, videotext displays, or other videotext displays, or other effective methods of making effective methods of making aurally delivered materials aurally delivered materials available to individuals with available to individuals with hearing impairments;hearing impairments;

• Acquisition or modification Acquisition or modification of equipment or devicesof equipment or devices

• 34 CFR Section 104.44(d)• 28 CFR Section 35.104

• Qualified readers, taped Qualified readers, taped texts, audio recordings, texts, audio recordings, Braille materials, large Braille materials, large print materials, or other print materials, or other effective methods of effective methods of making visually delivered making visually delivered materials available to materials available to individuals with visual individuals with visual impairments; impairments;

• Classroom equipment Classroom equipment adapted for use by adapted for use by students with manual students with manual impairmentsimpairments

Common AccommodationsCommon Accommodations• Enrollment assistanceEnrollment assistance• Priority registrationPriority registration• Student educational Student educational

planningplanning• Special parking privilegesSpecial parking privileges• Sign language Sign language

interpretersinterpreters• Note-taking assistanceNote-taking assistance• Tutoring referralsTutoring referrals• Equipment loansEquipment loans• Specialized academic Specialized academic

and vocational and vocational counselingcounseling

• Recorded Class Recorded Class LecturesLectures

• Test-taking Test-taking accommodationsaccommodations

• Special classes Special classes • Liaison with the Braille Liaison with the Braille

InstituteInstitute• Access to assistive Access to assistive

technologytechnology• Alternate text formatsAlternate text formats• Learning skills Learning skills

assessmentassessment

Exam AccommodationsExam Accommodations

• In its course examination of students with In its course examination of students with disabilities that impair sensory, manual, or disabilities that impair sensory, manual, or speaking skills, the recipient speaking skills, the recipient shallshall provide a provide a method for evaluation that will best ensure method for evaluation that will best ensure that the results of the evaluation represents that the results of the evaluation represents the student's achievement in the course, the student's achievement in the course, rather than reflecting the student's impaired rather than reflecting the student's impaired sensory, manual, or speaking skills.sensory, manual, or speaking skills.– 34 CFR Section 104.44(c)

Personal Aids Not RequiredPersonal Aids Not Required• The District is NOT required to provide:The District is NOT required to provide:

– Personal DevicesPersonal Devices• Wheelchairs, canes, walkersWheelchairs, canes, walkers

– Individually Prescribed DevicesIndividually Prescribed Devices• prescription eyeglasses, hearing aidsprescription eyeglasses, hearing aids

– Readers for personal use or studyReaders for personal use or study– Personal attendants or personal servicesPersonal attendants or personal services

•Assistance in mobility, eating, toileting, or Assistance in mobility, eating, toileting, or dressingdressing

• 34 CFR Section 104.44(d)34 CFR Section 104.44(d)

• 28 CFR Section 35.13528 CFR Section 35.135

Program AlterationProgram Alteration

• The recipient The recipient shall modify its academic requirementsshall modify its academic requirements as as are necessary to ensure that such requirements do not are necessary to ensure that such requirements do not discriminate, or have the effect of discriminating, on the discriminate, or have the effect of discriminating, on the basis of disability. basis of disability.

• Modifications may include:Modifications may include:– Extending the time permitted to complete the degreeExtending the time permitted to complete the degree– Substitution of required coursesSubstitution of required courses– Adaptation of the manner in which courses are conductedAdaptation of the manner in which courses are conducted

• However, academic requirements that the recipient can However, academic requirements that the recipient can demonstrate are essential to the instruction or are part demonstrate are essential to the instruction or are part of a licensing requirement need not be waived, altered, of a licensing requirement need not be waived, altered, or modifiedor modified– 34 CFR Section 104.44(a)34 CFR Section 104.44(a)

Other Rules are ProhibitedOther Rules are Prohibited

• A recipient may not impose upon A recipient may not impose upon disabled students other rules, such as disabled students other rules, such as the prohibition of tape recorders in the prohibition of tape recorders in classrooms or of dog guides in campus classrooms or of dog guides in campus buildings, that have the effect of limiting buildings, that have the effect of limiting the participation of handicapped the participation of handicapped studentsstudents

•34 CFR Section 104.44(b)34 CFR Section 104.44(b)

• Comfort AnimalsComfort Animals

Tape RecordingTape Recording

• Education Code Section 78907:Education Code Section 78907:– The use by any person, including a The use by any person, including a

student, of any electronic listening or student, of any electronic listening or recording device in any classroom recording device in any classroom without the prior consent of the without the prior consent of the instructor is prohibited, instructor is prohibited, except as except as necessary to provide reasonable necessary to provide reasonable auxiliary aids and academic adjustments auxiliary aids and academic adjustments to disabled studentsto disabled students. .

The Interactive ProcessThe Interactive Process

1.1. Identify the impact of the disability Identify the impact of the disability on the learning processon the learning process

2.2. Identify, select, and implement the Identify, select, and implement the appropriate accommodationsappropriate accommodations

3.3. Follow up to determine the Follow up to determine the effectiveness of the accommodationseffectiveness of the accommodations

Call DSPSCall DSPS

Question and AnswerQuestion and Answer