WHAT THE LAWS SAY

Both Section 504 of the Rehabilitation Act of 1973 and Title II of the "The Americans with Disabilities Act" (ADA) of 1990 (Federal laws) require that higher education students with disabilities receive benefits and services comparable to those given their non-disabled peers. Benefits or services provided must be "equally effective"; they must afford students with disabilities an equal opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement as other students. "Equally effective" accommodations need not produce identical results or level of achievement, but must afford the person with a disability with an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement.

Post–secondary institutions shall take such steps as are necessary to ensure that no student with a disability is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills. Auxiliary aids may include electronic text books and classroom materials, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students with visual impairments, classroom equipment adapted for use by students with manual impairments, and other similar services and actions. Post-secondary institutions need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.

If you are a new student making the transition from high school to post secondary education (college) here are some facts about the differences in the legal requirements between a public education and a higher education:

http://www.pacer.org/publications/adaqa/504.asp

Students with a disability are covered by these federal guarantees if they submit documentation establishing that they have a physical or mental impairment which "substantially limits" (the federal mandate) one or more major life activities.

Sections 11135 & 12926 of the California Code have amended these Federal protections and applied them to the CSU system. The net effect of these State of California amendments is to expand the coverage of these protections to more people with disabilities by removing the term "substantially limits" one or more major life activities (see paragraph above) and replaces it with the less restrictive "limits" one or more major life activities. The Code of California goes on to say, "if the laws of this State (California) prescribe stronger protections and prohibitions, the programs and activities subject to this section shall be subject to the stronger protections and prohibitions". The CSU System is specifically named as covered by these provisions.

Further, the Code of California says that the term "limits" shall be determined without regard to mitigating measures, such as medication, assistive devices, or reasonable accommodations. And, that "major life activities" shall be broadly construed and shall include physical, mental and social activities and working.

Under both Section 504 and the ADA, there are two criteria under which an accommodation request might be denied. They are:

1. If the requested accommodation would fundamentally alter a requirement of a course or program.

Under this exception, the institution must be able to demonstrate that core competencies or basic course requirements are essential to the instruction being pursued; and, if they were to be altered by an accommodation this would fundamentally change the nature of the program. Essential or integral course academic and technical requirements must be determined in a manner that takes into consideration the purpose of the instruction.

2. If the requested accommodation would cause the institution an "undue hardship"; or, "undue burden".

Cost of an accommodation can be a reason to deny an accommodation under this principle of the law; but, resources of the entire University system (not SDRC) would be evaluated. Therefore, this excuse is a most unlikely defense for a State-supported institution.

Still, under this provision, we have the option of approving a less costly or more cost–effective accommodation than may have been requested by the student, if our solution will meet the requirements of the law.

In addition, an institution may deny an accommodation request if what is requested is not actually a program or facility related accommodation as defined under the law; but, rather, represents a personal service or study aid.

What´s the Difference Between a "Mandated Accommodation" and a "Personal Service"?

Think of a mandated accommodation as one involving modifications, adaptations or auxiliary aids which permit both equal and timely access to a program or course of study for the qualified person with a disability.

Mandated accommodations often include:

• Accessible paths of travel
• Physical plant access
• Alternate texts & materials
• Alternate testing support
• Alternate furniture
• Note takers
• Tape recording of lectures
• Readers
• Television enlargers
• Talking calculators
• Braille equipment
• Telephone headsets
• Interpreters
• Captioning

Personal services/devices/aids further assist the person in the accessible environment (created by the mandated accommodation). For example, a hearing aid (personal device) assist the person – while an "audio loop" gives access. Accessible or alternate media materials make printed matter accessible, while personal computers and related software allow them to use it.

Personal services might include:

• Tutoring
• Personal Computers
• Mobility assistance
• Mobility devices (wheelchairs, walkers, etc.)
• Personal care
• Attendants
• Readers for personal use, including study time.

Remember, these are broad guidelines and may not always apply; mandated accommodations must be individually evaluated and approved. SDRC staff members are happy to answer questions about specific situations or to further explain and clarify these policies.

In the end, it´s about providing, in a timely manner, the qualified person with a disability with equal opportunity (access) to participate in and enjoy the benefits of a service, program, or activity conducted by a public entity.