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OUT OF THE BOX! What the Law Says... and the Professional Judgment to Apply It

Scott Lissner Carol Funckes. OUT OF THE BOX! What the Law Says... and the Professional Judgment to Apply It . What must we do?. What Can we do?. Accessible environments Who’s covered? Disability Otherwise Qualified Non-discrimination Program, services and benefits

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OUT OF THE BOX! What the Law Says... and the Professional Judgment to Apply It

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  1. Scott Lissner Carol Funckes OUT OF THE BOX! What the Law Says... and the Professional Judgment to Apply It

  2. What must we do? What Can we do?

  3. Accessible environments • Who’s covered? • Disability • Otherwise Qualified • Non-discrimination • Program, services and benefits • EFFECTIVE reasonable accommodations • Personal service • Student preference • Fundamental alteration • Undue hardship Overview

  4. Recruitment Admissions Instruction (near, far & blended) Housing Research Technology Job Placement Internships Library applies to the provision of all programs, Benefits & services including:

  5. Advising & Counseling Camps, 4H …. Athletics & Intramurals Facilities & Grounds Transportation Employment & Work Study Events (Campus Visitors) On Line Services Student Organizations Law applies to provision of...

  6. Provide equally effective access to programs, benefits and services for qualified individuals with disabilities in the most integrated manner possible Section 504 of the Rehabilitation Act 34 CFR 104 & Title II of the Americans With Disabilities Act 28 CFR 35

  7. Do I understand the student’s disability experience? • How does the information match with... • my professional knowledge and experience? • my observations and interactions with the student? • Does available external information support my conclusions? • Do I need more information to fill gaps? • Is the accommodation necessary in order for the student to have access? • Is the accommodation reasonable in the context of the course or program? Interactive process

  8. Who’s Covered?

  9. DEFINTITION OF DISABILITY • A physical or mental impairment that substantially limits a major life activity • A record of such an impairment • Being regarded as having such an impairment

  10. MAJOR LIFE ACTIVITIES Include but not limited to: • walking • standing • lifting • bending • speaking • breathing • learning • caring for oneself • performing manual tasks • seeing • Hearing • eating • sleeping • reading • concentrating • thinking • communicating • Working • major bodily functions

  11. WHAT IS SUBSTANTIAL? • Disability should be construed broadly • Not Toyota’s “prevents or severely restricts” • Not limited to activities “of central importance to daily life” (activities of daily living) used in Toyota • Exclude ameliorative impact of mitigating measures in determining coverage (not Sutton) • Episodic conditions or those in remission are considered based on their active/acute state (not Garrett)

  12. LIMITED IN WHAT WAY? CONDITION MANNER DURATION • Compared to others in the general population • Commonsense vs. scientific standard • How is a major life activity substantially limited? • NOT what can the individual do in spite of the impairment.

  13. Meets academic & technical standards • What is essential? • Determined on a logical / rational basis • Does not pose a “direct threat” • specific risk must be identified • risk must be current, not speculative or remote • risk must be based on objective, factual evidence Otherwise qualified

  14. Title II (ADA): Makes it unlawful for postsecondary institutions to exclude qualified students with disabilities from participation in or benefits of services, programs or activities • What are discriminatory acts? • Unequal treatment • Not providing accommodations Non-discrimination

  15. Modifications to policies, practices, procedures or environments that provides an individual with a disability equal access or opportunity • Should be directly linked to the underlying disability • MUST BE EFFECTIVE • “Best ensures” Reasonable accommodations

  16. No magic words • Plain English is fine • Doesn’t need to be in writing • Doesn’t need to come from the student • Can request ANYTHING • We need to respond What constitutes a request?

  17. Not obligated to provide personal services, i.e. • individually prescribed devices, such as wheelchairs or hearing aids • personal care attendants • readers for personal use or study • personal transportation • individual tutoring (unless provided to other students) Personal service

  18. Give primary consideration to the requests of individuals with disabilities • May select an equally effective accommodation Student preference

  19. Academic & technical standards • Program Goals • Comparable experience Fundamental alteration

  20. Financial • Administrative • Extensive • Substantial • Disruptive Undue hardship

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