Transcript The District’s Legal Obligation to Provide Accommodations to Disabled Students Los Angeles Community College District Office of General Counsel Kevin D.

The District’s Legal Obligation to
Provide Accommodations to
Disabled Students
Los Angeles Community College District
Office of General Counsel
Kevin D. Jeter, Esq.
Associate General Counsel
Applicable Statutes
• Rehabilitation Act of 1973, Section 504
– Title 29, United States Code, Section 794
• Recipients of Federal Funds
• American With Disabilities Act, Title II
– Title 42, United States Code, Section 12132
• Public Entities
Prohibited Discrimination
• No qualified individual with a disability
shall, by reason of such disability, be
excluded from participation in or be
denied the benefits of the services,
programs, or activities of a public entity,
or be subjected to discrimination by any
public entity or any program or activity
(“college”) receiving Federal funds
– Title II of ADA and Section 504
Applicable Context
1. Physical Accessibility
1. Making Existing Facilities Accessible
2. Ensuring that new and renovated facilities
are accessible
• Ramps, Railings, Curb Cuts, Door Openers
• Required Parking, Signage, Braille
• Upgrade Restrooms, Entryways
2. Program Accessibility
– Reasonable Accommodations
What is a Disability?
• A physical or mental impairment that
limits one or more major life activities
• Major life activities include:
– Caring for one's self
– Performing manual tasks
– Walking, seeing, hearing, speaking, breathing,
– Working
– Learning
District’s Legal Obligation
• In General:
– To provide equal opportunities to students
with disabilities
• Ensure equal level of communication
• Afford the same benefits and services
• Provide instruction and services that are equally effective in
affording the opportunity to obtain the same results
• Afford the same rights, privileges, advantages, and
opportunities afforded to others
• 28 CFR Section 35.130
• 34 CFR Section 104.4
Provide Auxiliary Aids – Section 504
• The recipient shall take such steps as are
necessary to ensure that no handicapped
student is denied the benefits of, excluded
from participation in, or subjected to
discrimination because of the absence of
educational auxiliary aids for students with
impaired sensory, manual, or speaking
skills.
• 34 CFR Section 104.44(d)
Provide Auxiliary Aids – Title II ADA
• A public entity shall furnish appropriate auxiliary
•
aids and services where necessary to afford an
individual with a disability an equal opportunity
to participate in, and enjoy the benefits of, a
service, program, or activity conducted by a
public entity.
In determining what type of auxiliary aid and
service is necessary, a public entity shall give
primary consideration to the requests of the
individual with disabilities.
– 28 CFR Section 35.160
Required Objective in
Providing Auxiliary Aids?
Ensure Effective Communication
Auxiliary Aids
• Qualified interpreters, note
takers, transcription services,
written materials, assistive
listening devices, open and
closed captioning, videotext
displays, or other effective
methods of making aurally
delivered materials available to
individuals with hearing
impairments;
• Acquisition or modification of
equipment or devices
• 34 CFR Section 104.44(d)
• 28 CFR Section 35.104
• Qualified readers, taped texts,
audio recordings, Braille
materials, large print materials,
or other effective methods of
making visually delivered
materials available to
individuals with visual
impairments;
• Classroom equipment adapted
for use by students with
manual impairments
Common Accommodations
• Enrollment assistance
• Priority registration
• Student educational
•
•
•
•
•
•
planning
Special parking privileges
Sign language
interpreters
Note-taking assistance
Tutoring referrals
Equipment loans
Specialized academic and
vocational counseling
• Recorded Class Lectures
• Test-taking
•
•
•
•
•
accommodations
Special classes
Liaison with the Braille
Institute
Access to assistive
technology
Alternate text formats
Learning skills
assessment
Exam Accommodations
• In its course examination of students with
disabilities that impair sensory, manual, or
speaking skills, the recipient shall provide a
method for evaluation that will best ensure that
the results of the evaluation represents the
student's achievement in the course, rather than
reflecting the student's impaired sensory,
manual, or speaking skills.
– 34 CFR Section 104.44(c)
Personal Aids Not Required
• The District is NOT required to provide:
– Personal Devices
• Wheelchairs, canes, walkers
– Individually Prescribed Devices
• prescription eyeglasses, hearing aids
– Readers for personal use or study
– Personal attendants or personal services
• Assistance in mobility, eating, toileting, or dressing
• 34 CFR Section 104.44(d)
• 28 CFR Section 35.135
Program Alteration
• The recipient shall modify its academic requirements as
are necessary to ensure that such requirements do not
discriminate, or have the effect of discriminating, on the
basis of disability.
• Modifications may include:
– Extending the time permitted to complete the degree
– Substitution of required courses
– Adaptation of the manner in which courses are conducted
• However, academic requirements that the recipient can
demonstrate are essential to the instruction or are part
of a licensing requirement need not be waived, altered,
or modified
– 34 CFR Section 104.44(a)
Other Rules are Prohibited
• A recipient may not impose upon disabled
students other rules, such as the
prohibition of tape recorders in classrooms
or of dog guides in campus buildings, that
have the effect of limiting the participation
of handicapped students
• 34 CFR Section 104.44(b)
• Comfort Animals
Tape Recording
• Education Code Section 78907:
– The use by any person, including a student,
of any electronic listening or recording device
in any classroom without the prior consent of
the instructor is prohibited, except as
necessary to provide reasonable auxiliary aids
and academic adjustments to disabled
students.
The Interactive Process
1.
2.
3.
Identify the impact of the disability
on the learning process
Identify, select, and implement the
appropriate accommodations
Follow up to determine the
effectiveness of the accommodations
Call DSPS
Question and Answer