What laws cover institutions of higher education?
Colleges and universities are covered under the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. In 1994, Washington State passed legislation adding new sections to 28B.10 RCW that expresses the same intent as Section 504 and the ADA.

The Rehabilitation Act
Title V of The Rehabilitation Act of 1973 is generally regarded as the first civil rights legislation for people with disabilities on the national level.

Section 504 of the Act prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal funds. Since 1977, all institutions receiving federal funding have been required to provide appropriate reasonable accommodations for people with disabilities.

Section 504 states:

No otherwise qualified person with a disability in the United States ... shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.

Definition of a Disability
Section 504 defines a person with a disability as "... someone with a physical or mental impairment that substantially limits one or more major life activities."

The Americans with Disabilities Act (ADA)
The ADA is a federal civil rights statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities.

Colleges are covered in many ways under the ADA. Employment is addressed by Title 1, accessibility provided by public and private entities Titles 11 and 111, and miscellaneous items are covered under Title V.

Definition of a person with a disablity
Under the ADA, a person with a disability is someone with, a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability under the law if he/she has the disability, has a record of the disability, or is regarded as having the disability.

Under both Section 504 and the ADA, the term "auxiliary aids and services" include: qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, qualified readers, taped text, Braille materials, acquisition or modification of equipment or devices, or other similar services and actions.

Washington State Law
Under Washington State Law (28B. 10 RCW), "... institutions of higher education are obligated to provide services to students with disabilities." The definition of disability follows the federal guidelines. "Reasonable accommodations" include certain "core services" which are outlined in the statute. It also establishes a grievance procedure for students to follow if they believe discrimination has taken place.

How do these laws relate to each other?
Institutions that receive federal funds are covered under Section 504 of the Rehabilitation Act. The ADA does not supplant Section 504, but in those situations where the ADA provides greater protection, the ADA standards apply. Washington State law does not confer any new or expanded rights, but is intended to provide a clearer, more succinct statement of those rights than previously existed.

NOTE: Private colleges and universities are covered under Title III of the ADA, unless they are wholly owned and operated by religious organizations.

What are the implications for higher education institutions?

• Students with disabilities must be afforded an equal opportunity to participate in, and benefit from all postsecondary education programs and activities. That includes any course, course of study, or activity offered.



• Rules or policies which would limit students with disabilities from fully participating in a program or activity may not be imposed.



• Academic standards are not compromised, but accommodations must be provided, on a case-by-case basis, to afford qualified students with disabilities an equal education opportunity.

Can I ask a Student if he/she has a Disability?  (back to top)
No. However, it is the college's responsibility to notify students of services available for students with disabilities. You should inform all students of services and/or programs available at the college for students who need accommodations due to a disability, and how to access those services.

Do I have the right to know what type of disability a student has when they ask for an accommodation?
No. A student does not have to inform the faculty or staff member about their disability, but only the needed accommodations. If you have a question regarding the need for the accommodation, then you may contact your DSS office. This office Will have documentation regarding the student's disability on file. They cannot give details about the disability, unless the student has signed a written consent form, but can inform you if the student has a documented disability and if the accommodation requested is appropriate. The student may disclose their disability to you. You are then obligated to maintain confidentiality regarding the student's disability. It is important to remember that the confidential nature of disability-related information has been an overarching principle of nondiscrimination since Section 504.

What can I do if I disagree with the academic accommodation requested?
If you disagree with the academic accommodation requested, you should discuss your disagreement with the DSS provider, but you should continue to provide the accommodation. An instructor may not forbid a student's use of an aid if that prohibition limits the student's participation in the school program.

Section 504 states:

A recipient may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus building, that have the effect of limiting the participation of handicapped students in the recipient's education program or activity.

Does the student receive "special privileges" under this legislation?  (back to top)
Not Providing accommodations should not be regarded as giving students "special privileges," but rather as equalizing the impact of the student's disability to the greatest extent possible. Institutions are not mandated to make changes in requirements that would result in a major or substantial change in essential elements of the curriculum. The institution has the right to set academic standards, but the institution must prove that a requested accommodations would create a substantial change. The burden of proof lies with the institution.

It is important that the students be treated the same and with equity. The legislation does not intend that institutions pass students because they have a disability, and it is important to expect the same academic performance, with requested accommodation, from the student with a disability as from a student without a disability.

Does the student with a disability need to ask for accommodations in a certain time frame before classes?
Yes. Most institutions require that the student indicate the need for an accommodation within a reasonable advance time. This is not always possible, but it is important to provide the accommodations as soon as possible.

What can I do to make the classroom environment open to students with disabilities?  (back to top)
There are many Of US that have had little or no contact with people with disabilities. It is important to remember that people with disabilities are just that-people first. Here are a few easy-to-remember tips:

• Make a general announcement regarding the availability of accommodations at the beginning of class. Most institutions require a statement on all syllabi regarding requests for accommodations. Inform students of the DSS office and how to contact that office.



• Ask questions. The student is the best source of information.



• Not everyone who has a disability is the same. It is important to look at the person first and not lump everyone together in the same category. This is also important when addressing accommodations. For example, not all students with learning disabilities need extended time, not all people with visual impairments need Braille, etc. Everyone is an individual with individual needs.

How do I know what type of academic accommodation a student needs?
It is up to the student and the DSS office to determine what type of accommodation is needed. If you question the accommodation, contact the DSS office. There Is one type of accommodation for all students with disabilities. Each accommodation must be decided on a case-by-case basis. Some common accommodations are:

Do I also have to provide these services to international students with disabilities who need auxiliary aids or services?
Yes. International students are entitled to the same protection from nondiscrimination on the basis of disability as are U.S. citizens. However, if a student has limited English skills due to being a non-native speaker, and not due to a disability, this would not qualify them as a person with a disability under the law.

Who pays for accommodations?  (back to top)
Each institution is responsible for the provision of appropriate auxiliary aids and services at no cost to the student. Each institution may determine which department pays for a particular accommodation. The institution cannot place a limit on its expenditure for auxiliary aids or services, or refuse to provide auxiliary aids because it believes that other providers of these services exist. The institution may work with an outside agency, such as Vocational Rehabilitation, to assist in obtaining an item or service.

What If I am unsure how to handle a situation with a student with a disability?
First ask the student. He/she is the best source of information about their disability. Second, contact the DSS office or another office that acts as a resource for students with disabilities.

What are my responsibilities concerning field trips and outside programs?
The legislation is very explicit about this. Persons with disabilities are entitled to participate in the most integrated settings possible. If a teacher conducts field trips or special programs, accommodations must be offered. If an institution offers transportation to students going on a field trip, it must offer accessible transportation for students with disabilities. For example, a student who uses a wheelchair is enrolled in your class, and you decide to use a college van to take the students to a museum. You must offer transportation to the student with a disability. The student may accept or refuse the accessible transportation.

What are possible personal consequences if I do not provide the accommodation requested?
If a student is denied equal access, auxiliary aids, or services, they can file a complaint under Section 504 with the Office for Civil Rights of the U.S. Department of Education or under the ADA Titles 11 and III which is under the jurisdiction of the Department of Justice. The student may file with both offices. Under ADA, monetary damages may be enforced and the student may name both an individual, such as a professor, and the institution in the complaint. An employee can be personally liable, as well as the institution, if named in the complaint.

Do I have to provide academic accommodations if the student is taking the class for an audit?
Yes. The legislation states any student with a disability shall be given equal access to programs or services offered to all students.

• Treat adults as adults. For example, don't patronize people who use wheelchairs by patting them on the head.



• Don't assume a person with a disability needs help. Ask first. Also, listen to instructions the person gives.



• Talk to the person with a disability, not their friend or family member.



• Relax. Don't worry if you use the term "See you later" to a person with a visual impairment or "I have to be running" to a person who uses a wheelchair.



• To get the attention of a person who is deaf or hard of hearing, tap them on the shoulder or wave your hand. Look directly at the person and speak clearly. Not all people with a hearing loss can read lips. Remember to speak directly to the person with a hearing loss, not their interpreter.



• When talking for a long time with a person who uses a wheelchair, put yourself at eye level so they do not have to strain their neck to look up.



• Don't hang on a person's wheelchair. That is part of their personal space.



• Use "person first" language. Examples include person with a disability, student with a learning disability, or a student who is deaf. Many people find term "handicapped" offensive. A handicap refers to a physical or attitudinal barrier.

Remember: Treat them like a person
The number one tip on how to treat a person with a disability is like a person