Disability Services Basics
Section 504, Subpart E of the Rehabilitation Act of 1973 states that no qualified person with a disability should be denied a benefit, opportunity, or participation just because of their disability. A person with a disability is considered qualified if, with or without reasonable accommodation, they meet the same eligibility requirements and standards of behavior and performance demanded of anyone else.
When following the law, it is common to focus on whether the person has documentation of their disability. However, proving the disability and the need for accommodation is only the first step. The accommodation request must also be considered reasonable.
Sometimes, a person with a disability may not need any accommodation to fully meet the eligibility criteria and standards required for inclusion. Other times, they may need a reasonable accommodation or modification to meet them. However, if the accommodation needed is beyond what is considered reasonable, then the person is not considered qualified, and it is not discriminatory to deny them the benefit or opportunity.
In the context of higher education, it is easier to define what is not reasonable and assume that if the accommodation needed does not clearly fall under those guidelines, it is most likely reasonable. There are four kinds of accommodations are not considered reasonable.
Direct Threat to the Health or Safety of Others
An accommodation is not reasonable if it creates a serious risk to the health or safety of others. To prove this risk, the institution must show clear evidence of a significant danger. Simply having a disability does not mean there is a direct threat, and the chance that something may go wrong does not count as a major risk.
Under the ADA, the threat must be to someone else. A person with a disability has the right to take on their own risks, just like anyone else. For example, a blind person couldn't be stopped from joining a hiking class because they might trip, but they could be denied a spot in a scuba diving class where participants need to check each other's equipment visually.
Substantial Change in an Essential Element of the Curriculum
In the academic context, an accommodation is not reasonable if it requires a major change to a key part of a course or a student's curriculum. The school must prove that the change requested is significant and that the part of the course or curriculum is essential. Deciding whether the change is substantial or essential may involve some judgment from administrators and service providers charged with making those decisions, but it is not unusual for the decision to be a fairly logical one.
Substantial Alteration in the Manner in Which Services are Provided
From an administrative standpoint, an accommodation is not reasonable if it requires a major change in how the institution offers its services (in this case, educational opportunities and related resources). This might involve changes in how the course is delivered or what is being offered.
- For example, if a school does not have a distance learning program, it is not required to create one for a student with a disability who cannot attend in-person classes.
- However, it is reasonable to expect institutions of higher education to provide textbooks and handouts in alternate formats for students who cannot use standard print. This does not significantly change how education is delivered, since the goal is to give all students equal access to learning materials, regardless of their disability.
Undue Burden
An accommodation is not reasonable if it causes a significant financial or administrative burden for the school. HOWEVER:
- Under Title II of the ADA (which covers all public colleges and universities), an accommodation is not reasonable if it creates an undue financial burden. However, when looking at costs, the government will consider the total resources available. This means the budget of the entire state, not just the department or school, will be used to judge if the cost is too high.
- In over 20 years of legal cases under Section 504 (which applies to public and private schools), the government has never allowed a college or university to deny auxiliary aids or services just because of the cost.
- On the other hand, some accommodation requests may cause an undue administrative burden. For example, asking the school to stop all construction work during the school term for someone sensitive to chemicals would not be reasonable, as the school needs to maintain its facilities for everyone. Similarly, asking the school to reschedule a class to fit a student's transportation needs is not reasonable, but asking for priority registration to get into a daytime class is.
It is important to remember that the institution only has to provide reasonable accommodations to ensure equal access for students with disabilities. If, after an interactive process, the accommodation is found to be unreasonable, it can be denied. However, saying "no" to an unreasonable request should not end the conversation. The school must continue working with the student to find a reasonable solution that provides equal access.
High School vs. College
Laws and Responsibilities
| High School | College |
|---|---|
| Individuals with Disabilities Act (IDEA), Free Appropriate Public Education (FAPE) | Section 504 of the Americans with Disabilities Act (ADA)- Accessibility and reasonable accommodations |
| Covers age 3-21 or until regular high school diploma requirements are met | Covers students with disabilities regardless of age. Schools may not discriminate in recruitment, admission, or after admission solely on the basis of a disability |
| School attendance is mandatory | Students decided to attend and will probably pay tuition |
| Districts are required to identify students with disabilities through free assessment and the IEP process | Students are responsible for revealing and providing current documentation of a disability- they must be self-advocates |
| Students receive special education and related services to address their needs based on an identified disability | Formal special education services are not available |
| Services include individually designed instruction modifications and accommodations based on the student's IEP | Reasonable accommodations and modifications may be made to provide equal access and participation |
| Individual students' needs recorded in the IEP may be addressed by program support for school personnel | No formal program support for school personnel is provided |
| Progress toward IEP goals is monitored and communicated to the parent(s) and/or the student | Students are required to monitor their own progress |
| Schools assist in connecting the student with community support agencies if this is identified as a transition need according to the IEP or 504 plan | Students are responsible for making their own connections with community support agencies |
Classes
| High School | College |
|---|---|
| Usually follow a school-directed schedule and proceed from one class to another | Individual students must manage their own time and schedules |
| General education classes dictated by state/district requirements | Class based on field of study; requirements may vary |
| Typically, a school year is 36 weeks long; some classes extend over both semesters. Summer classes may be offered by are not used to accelerate graduation | Academic year is divided into two separate 15 week semesters plus a week for final exams |
| Class attendance is usually mandatory and monitored carefully | Attendance policies vary with each instructor Hint: Lack of attendance may impact performance |
| Classes generally have no more than 30-35 students | Classes may have 100 students or more |
| Textbooks are typically provided at little or no expense | Textbooks can be expensive Hint: An anticipated range for a full-time student is $250-$500 per semester |
| Guidance is provided for students so they will be aware of graduation requirements | Graduation requirements are complex and vary for different fields of study Hint: YOU are responsible for monitoring your progress and seeking advice |
| Modifications that change course outcomes may be offered based on the IEP | Modifications that change course outcomes will not be offered Hint: Modified high school courses may not be accepted in the admission process |
Instructors
| High School | College |
|---|---|
| Grade and check completed homework | May assume homework is completed and students are able to perform on a test |
| May remind students of incomplete assignments | May not remind students of incomplete assignments Hint: It's YOUR responsibility to check with your instructor to see if requirements are being met |
| May know students' needs and approach students when they need assistance | Are usually open and helpful but expect students to initiate contact when assistance is needed |
| May be available before, during and after class | May require students to attend scheduled office hours |
| Have been trained in teaching methods | Have content knowledge but not necessarily formal teaching methods |
| Often provide students with information missed during absence | Expect students to get information from classmates when they miss a class |
| Present material to help students understand what is in the textbook | May not follow the textbook, but lectures enhance the topic area Hint: You need to connect lectures and textbook |
| Often write information on the board or overhead to be copied for notes | May lecture non-stop- if they write on the board, it may be to support the lecture, not to summarize it Hint: Good notes are a must, or a recording device may be used with permission |
| Teach knowledge and facts, leading students through the thinking process | Expect students to think independently and connect seemingly unrelated information |
| Often take time to remind students of assignments and test dates | Expect students to read, save and refer back to course syllabus |
Testing
| High School | College |
|---|---|
| Frequent coverage of small amounts of material | Usually infrequent (2-3 times a semester). May be cumulative and cover large amounts of material. Hint: YOU need to organize material to prepare for tests Some classes may require only papers and/or projects instead of tests |
| Make-up tests are often available | Make-up tests are seldom an option and may have to be requested |
| Test dates can be arranged to avoid conflicts with other events | Usually, scheduled tests are without regard to other demands |
| Frequently conducts review sessions in class emphasizing important concepts prior to tests | Faculty rarely offer review sessions in class; Campus tutoring resources and/or study groups are available- students are responsible for seeking out these resources. |
Grades
| High School | College |
|---|---|
| Given for most assigned work | May not be provided for all assigned work |
| Good homework grades may assist in raising overall grade when test grades are lower | Tests and major papers provide the majority of the grade |
| Extra credit options are often available | Generally speaking, extra credit options are not used to raise a grade |
| Initial test grades, especially when low, may not have an adverse effect on course grade. Sometimes exams can be retaken to receive a higher score | All tests are important- retaking a failed exam is seldom an option. |
| Graduation requirements may be met with a grade of D or higher | Requirements may not be met only if the student's average meets department standards Hint: Generally 2.0 or higher |
