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Disability Law--FAQ's
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- What is the function of the Disabled Student Programs and Services
(DSPS)?
- DSPS assists the college in complying with Section 504 of the
Rehabilitation Act of 1973, which states that "no qualified
individual with disabilities shall, on the basis of their disability, be
excluded from the participation in, be denied the benefits of or be
subject to discrimination under any post-secondary program or activity
receiving federal financial assistance".
- A teacher asks, will requested accommodations compromise the standards, goals, and
objectives of my class?
- Accommodations are an opportunity for the student to be evaluated on
the student’s knowledge and performance in the class and not on the
effects of the student’s disability. According to guidelines from the
Department of Education, institutions of higher education must modify
academic requirements that are discriminatory. Modification may include
extending time for completing degree requirements, allowing course
substitutions, and adapting the manner in which particular courses are
conducted. Institution are not required to compromise on requirements
that are essential to the program or course of instruction, or that are
directly related to licensing requirements (Section 104.44a).
- A teacher asks, if the student is already doing well in class, why is it necessary
to provide any accommodations?
- Title 504 of the Rehabilitation Act of 1973 and Title II of the
Americans with Disabilities Act of 1990 establish that students with
disabilities must have equal opportunity. A student’s good performance
in class, including finishing exams on time, does not support the
argument that the student is being provided equal opportunity. The
student may still require accommodations in order to have equal
opportunity in the classroom.
- Are general education and/or major requirements ever waived or altered
for students with disabilities?
- Under the provisions of Title 504 of the Rehabilitation Act of 1973
and the Americans with Disabilities Act of 1990, institutions of higher
learning must not exclude a qualified student with a disability from any
course of study, and must not establish rules and policies that may
adversely affect students with disabilities.
On a case-by-case basis, community colleges may find it necessary to
modify requirements in order to accommodate the student’s disability.
Modifications might include substitutions or waivers of courses or
degree requirements.
- Who is an "individual with a disability?"
- A person who:
- Has a physical or mental impairment which substantially limits a major
life activity;
- Has a record or history of such an impairment; or
- Is regarded as having such an impairment.
- It is also unlawful to discriminate against someone solely because of
his/her association with an individual with a disability.
- What are the obligations of students with disabilities?
- In order to enjoy the protections of Section 504 and the ADA, the student
has an obligation to self-identify that s/he has a disability and needs
accommodation. The institution may require that the student provide
appropriate documentation at student expense in order to establish the
existence of the disability and the need for accommodation.
- What are the institution's obligations under Section 504 and the ADA?
- The institution must provide reasonable accommodations to the student's
known disability in order to afford him/her an equal opportunity to
participate in the institution's programs, activities and services
(including extracurricular activities). A college or university may not
discriminate against an individual solely on the basis of disability.
- Must the institution provide the student all the academic adjustments and
auxiliary aids s/he needs?
- No. Public institutions must give primary consideration to the
communication preferences of the student with a disability. Moreover, both
public and private institutions have the responsibility to provide effective
accommodations. Nonetheless, a college or university is not required to
provide academic adjustments or auxiliary aids if such provision would
fundamentally alter the nature of the program or when the academic
requirements are essential to a program of study or to meet licensing
prerequisites. An auxiliary aid may also be denied when the provision of
such would place an "undue burden" on the institution. An undue
burden is defined as "significant difficulty or expense."
- Is it unlawful for the institution to terminate the enrollment of a
student who poses a threat to others?
- No. An institution is not required to accept or retain a student who poses
a direct threat to the health or safety of others. "Direct threat"
is defined as a "significant" risk of "substantial" harm
that cannot be eliminated by reasonable modifications or the provision of
auxiliary aids or services. The assessment of whether a student poses a
direct threat of harm must be individualized and based on current medical
knowledge or on the best available objective evidence.
- May the institution take adverse action against an individual for
asserting his/her rights under Section 504 and the ADA?
- No. The institution may not discriminate against any individual because of
his/her exercise of these rights or against individuals who participate in
an investigation pursuant to these regulations. It is important to note that
an individual claiming discrimination need not prevail on the underlying
claim in order to prove retaliation.
- What are the accessibility requirements of Section 504 and the ADA?
- Facilities constructed prior to June 3, 1977 need not necessarily be made
accessible so long as the program or activity, viewed in its entirety, is
readily accessible to persons with disabilities. However, the student must
be afforded an equal opportunity to enjoy the full range of services offered
by the institution. If an institution modifies one of these buildings, it
must make the modifications accessible, to the maximum extent feasible.
Buildings constructed after June 3, 1977 must be readily accessible and
usable to individuals with disabilities. All programs and services must be
provided in a manner that affords the student maximum integration with
his/her non-disabled peers.
- What is the definition of a "student with a disability" and is
it consistent with the Americans with Disabilities Act (ADA)?
- A "student with a disability" is a person enrolled at a
community college who has a verified impairment that limits one or more
major life activities which imposes an educational limitation as defined in
Section 56004. Yes, this definition is consistent with ADA.
- Does a college have the right to suspend or terminate DSPS services to a
student?
- Yes, a district may adopt a written policy providing for the suspension
of DSPS services where a student fails to comply with any of the following:
- be responsible in his/her use of DSPS services and adhere to written
service provision policies adopted by the college; and
- make measurable progress toward the goals established in the Student
Educational Contract or, when the student is enrolled in a regular
college course, meet academic standards established by the college
- Such service suspension policy shall provide for written notice to the
student prior to the suspension and shall afford the student an opportunity
to appeal the decision. Each student shall be given a copy of this policy
upon applying for DSPS services.
- These policies and requirements should not differ from those pertaining to
all students.
- Is a college required to provide specialized tutorial services?
- No. However, under Section 504 of the 1973 Rehabilitation Act, students
with disabilities must have access to general college services. DSPS may
offer specialized tutoring services, but the services must be
disability-related tutoring rather than general tutoring available through
the Learning Center, EOPS, or other sources. DSPS is intended to provide
additional specialized support that allows students with disabilities to
more fully access and benefit from the general offerings and services of the
college.
In addition, Title 5 regulations prohibit provision of services or
instruction that duplicate those otherwise available to all students.
Therefore, DSPS tutoring services should not replace or supplant existing
general college tutoring services.
Colleges should only establish separate special programs, classes, or
services when regular services or instruction, combined with the provision
of support services, cannot meet the educational needs of students with
disabilities.
- Why was a section on academic accommodations added to Title 5 regulations?
- Section 56027 was added to the regulations so that colleges would
establish a policy and procedure for responding to requests for academic
accommodations. In particular, each community college district receiving
DSPS funding should establish a policy and procedure for responding, in a
timely manner, to accommodation requests involving academic adjustments.
This procedure should provide for an individualized review of each request.
The procedure should also permit the Section 504 Coordinator, or other
designated district official, with knowledge of accommodation requirements,
to make an interim decision pending a final resolution.
- What is the college's responsibility to a student with limited-English
skills who requests specialized instruction?
- Title 5 regulations require that the educational need for the service must
be directly related to the student's disability. Thus, a college cannot use
DSPS funds to meet the needs of a student that does not result from his or
her disability.
For example, the DSPS program may provide specialized instruction to address
a student's learning disability, but this should not include instruction
designed to overcome learning problems attributable to linguistic or
cultural differences.
- Are students with disabilities allowed to tape classes as an
accommodation?
- Yes. According to the US Department of Education, Office for Civil Rights,
the tape-recording of classroom sessions as an accommodation for students
with disabilities is required under Section 504 of the 1973 Rehabilitation
Act and the Americans with Disabilities Act (ADA).
- Is a college required to provide priority registration to DSPS students?
- A college is not required to provide priority registration to students
with disabilities who are receiving services from DSPS. However, many
colleges and universities utilize priority registration as a method of
providing program accessibility which is required by Section 504 and the
ADA. Cuesta College does provide priority registration for students with a
current DSPS Student Educational Contract.
References
CAPED Communiqué, Fall/Winter 1994.
DSPS Q & A, Chancellor's Office, May 1993.
DSPS Information Handbook for Cuesta College Staff and Faculty, Aug. 2002.
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