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1
Americans With Disabilities Act
Michele Gioxaris
Global Campus, Southern New Hampshire University
HEA 550: Higher Ed Law and Regulation
Dr. Theresa Meeks
November 21, 2023
2
Americans With Disabilities Act
The Americans With Disabilities Act (ADA) was passed in 1990.
It is a reinforcement of
the 1973 Rehabilitation Act.
This act was put into place to give those with disabilities the right
to receive an equitable education.
Those rights can be found in the ADA’s Title II and III, as well
as Section 504 of the Rehabilitation Act.
These laws explain how institutions of higher
education are prevented from discriminating against those with disabilities. All scholars are to be
included in any and all services provided by a university or college.
It also speaks on the
admissions process of students.
No student is discriminated against because of a disability
(Legal Brief, n.d.).
Access and equity are key components of the ADA.
All students have the
right to attain a degree without prejudice.
Legal and/or Regulatory Requirement
The ADA was introduced in April 1988, by Senator Lowell Weicker and Representative
Tony Coelho in the 100
th
Congress. In 1989 it was revised and introduced by Senators Harkin
and Durrenberger, Representatives Coelho and Fish to the 101
st
Congress.
The Senate passed the
bill by an almost unanimous vote of 76 to 8.
In 1990 it passed the House and was signed into
law by then President George H.W. Bush.
Title II and Title III regulations were then issued by
the United States Department of Justice (Timeline, 2023).
As stated above the ADA was put into place to assure those with any type of disability,
the ease of access and equity to an education.
The law dictates that any citizen, no matter their
abilities be afforded the same opportunities and rights as those without.
Institutions of higher
learning must keep students informed of what their responsibilities are, as well as their rights.
Students must be kept abreast of where they can receive support on campus, how to request their
accommodations, and offer that student the necessary accommodations, free of charge.
Professors need to honor such accommodations and make it a point to adjust their teaching
3
methods to aid in the scholars' learning (Transitions, n.d.).
Students must be mindful of speaking
with someone in the Disability Office, to make sure that they are receiving the proper
accommodations.
They are responsible for submitting them to their professors at the start of the
semester so that their accommodations take effect immediately.
While they both must abide by and adhere to the ADA, the application of the act can
differ between public and private institutions.
Public universities or colleges are covered under
Title II and private schools are covered under Title III.
If these institutions receive any type of
federal funding, they are, under Section 504, to provide accessibility to all who are classified as
having a disability.
Such accessibility includes access to buildings, modified test-taking time,
and auxiliary aids (What are, 2023).
Accessibility is not limited to just on-campus classrooms, it
reaches those who are taking their courses strictly online.
Stakeholder Goals and Motivations
There is a long list of stakeholders when it comes to the ADA.
That list does not include
students, alone.
It also includes the government, administration, and faculty/staff. These groups
of individuals are impacted and/or involved with the ADA.
Government offices are responsible
for making sure that an institution follows the ADA.
They are in charge of monitoring the ADA
compliance of all universities and colleges.
Faculty are essential stakeholders in terms of ADA.
It is the faculty member who must implement the accommodation for those who have submitted
such.
Faculty should also collaborate with the Office of Disability Services, to ensure that
accommodations are made in a timely fashion.
Also have the ability to communicate to students,
where and how they can receive accommodations (Faculty Rights, 2023).
This can usually be
found in the professor’s syllabus.
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The Office of Disability Services (ODS) is another essential stakeholder.
The majority of
colleges and universities, nationwide house such an office.
ODS is where a student will go to see
if they are eligible for accommodations and if so, what those accommodations might be.
Once
that is in place, the ODS implements those accommodations with the necessary faculty members.
They are responsible for keeping all documentation and conversations, secure, and confidential
(How to Access, 2023).
They are the first line of information for those who require assistance.
I believe that the goals of the government, faculty, and administration/staff, are the same.
That goal is to provide students with an inclusive and equitable education.
Not only inside the
classroom but the entire campus environment.
The goal is to allow full access to all, no matter
their disability.
To offer a campus community that is accommodating and welcoming to
everyone who attends.
If not for Section 504 of the Rehabilitation Act, we may not have The Americans With
Disabilities Act.
Both were enacted to stop the discrimination faced by individuals with
disabilities.
It is through Title II and III that those rights have been implemented.
Institutions of
higher learning must follow these laws, ensuring the civil rights of their stakeholders.
An
equitable and inclusive education must be offered to all who apply.
The Department of Justice
(DOJ) is the governing body that must oversee that such compliance is adhered to.
Faculty,
administration, and staff are also responsible to their scholars.
Making sure that all who attend
the institution have the information they need in order to be more successful in their educational
endeavors.
With the enactment of the Americans with Disabilities Act (ADA), institutions of higher learning
needed to act, making sure that they were complying with the law.
Policies, procedures, and best
practices needed to be put into place to ensure that there were services and support for those who
5
fall under these laws.
Equal access for all scholars was paramount.
The response by those
institutions to the law varied according to the type of institution; public, private, two-year, and
four-year schools.
Institutional Responses
Colleges and universities are obligated to follow the ADA.
Universities, two-year
schools, and vocational schools fall under Title II of the ADA, while private institutions are
covered under Title III.
If the institution is in receipt of federal funding they are required under
Section 504 of the Rehabilitation Act to make certain that all programs are accessible to those
who are classified with a disability.
Institutions need to provide accessibility to all buildings,
communication aids, and testing accommodations, as well as access for service animals.
These
types of accommodations should be modified specifically for each individual student and their
needs (What are, n.d.).
It is imperative that institutions abide by the ADA, offering students from
all walks of life an equitable education.
The first thing an institution should have is an Office of Disability Services.
Here
students can meet with staff who can then coordinate with them the accommodations and support
they require to be successful.
While accommodations in the classroom are necessary, there also
needs to be easy access to all buildings on campus.
Physical adjustments to building
infrastructures should be made, allowing for students with disabilities easy access.
Classrooms
and residences should also be designed to offer easy accessibility for students.
Educational
materials also need to be available.
Technology such as adaptive software and screen readers
should be at the student’s fingertips.
There are also accommodations that students need in order
to take tests, such as extended time or scribes for those who need assistance writing or typing
their notes (US Department, 2021).
6
Unfortunately, there are some challenges that institutions face when it pertains to ADA.
One of those challenges is their faculty's understanding of those with disabilities.
They lack the
training to create a classroom environment that is inclusive and accessible to all of their students
(Strayhorn, 2022).
The lack of support from uneducated faculty and staff can hinder that
student’s educational experience.
Another challenge would be keeping up with the ever-
changing technology.
Institutions need to be kept abreast of programs and services, allowing
students the chance to receive an equitable education.
Access and equity for students is key.
Without it how would they have the ability to be successful?
Runde (2021) explains that
“accessible digital resources help create an inclusive university because it allows
all
people,
including those with disabilities, to fully participate independently… without experiencing
barriers…” (p. 1).
Institutional Areas
Institutions of higher education are impacted by the ADA and they must be sure to
implement best practices, campus-wide, to ensure equitable access for all students.
Those areas
are included under the Student and Academic Affairs offices, as well as the Finance and
Administration office, which includes the Facilities and IT departments.
However, individual
institutions, such as liberal arts colleges, and online schools, need to implement specific access,
based on the needs of their students.
For universities that offer strictly online degrees, they need to make sure the course
materials are accessible for those with a disability.
Students who are eligible for such
accommodations may need assistance in note-taking, graphic organizing, audio, or speech
recognition.
In order for these institutions to ensure not only the ease of access to the course
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itself but also tools for each individually classified, student (Guide, 2018).
Not only software
updates but the most up-to-date software on the market.
Liberal Arts institutions are usually four-year universities or colleges.
Many members of
the student body, live on campus.
That said, residence halls and dormitories need to be
accessible to students with disabilities.
Such accommodations fall under the Finance and
Administration Office.
Ramps need to be installed, as well as “making curb cuts in sidewalks
and entrances; repositioning shelves; and rearranging tables, chairs…and other furniture
(Postsecondary, 2023).
Residents may not have the physical capabilities to access a traditional
dormitory.
They may also require a room that accommodates their individual needs.
That could
include a sit-down shower, bars in the bathroom, or more area per square foot, for easier
mobility.
Stakeholders
Students are considered to be stakeholders of institutions of higher education.
They are
the largest group of stakeholders because they are the ones who have invested their education in
the institution.
Those who attend Liberal Arts universities or colleges are given an opportunity to
be included in all extracurricular activities, as well as having equal access to education.
Students
with disabilities need to plan with their Office of Disability Services, to ensure that they receive
their accommodation/s and that any accommodation they require is put into place with their
corresponding courses.
The disability need not be limited to a visible disability but to those that
others cannot see, such as “psychological problems, learning disabilities, or some chronic health
impairment, such as epilepsy, cancer… and more” (ADA, 2018).
Online students are afforded
access, but differently.
They need to submit any type of necessary accommodations to their
institution's disability office.
For obvious reasons, those attaining their degree strictly online can
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utilize software and programs that will assist them in their coursework.
The accessibility to an
online course and its coursework does not only benefit those classified with a disability but can
also benefit those who do not.
There are students, such as English language learners, with no
accommodations, who utilize closed captions on videos to understand and learn to read the
English language better.
Those captions can also assist scholars in a technical class, in learning
new vocabulary (ADA compliance, n.d.).
Effectiveness of Response
The Americans with Disabilities Act has gone through many changes over the years since
its inception in 1990.
As society evolves, the ADA evolves with it.
Institutions of higher
education had to do the same.
They have to make sure that campus buildings are up to code and
in compliance with ADA.
Those include ramps, elevators, and access to restrooms.
Colleges
and universities house a disability office to assist students in any academic accommodation that
they are eligible for.
Online content has also been made to be accessible for those with
disabilities.
Institutions are now becoming more inclusive to those with disabilities, in terms of
participation.
However, there are still steps that need to be taken, to ensure students equitable
access.
One concern in response to ADA is ever-evolving technology.
According to Paykamian
(2023a), “two blind students were recently awarded $240,000 from the Los Angeles Community
College District (LACCD) for not receiving accessible course materials and software… in a
timely manner” (p. 1).
Today, institutions across the county have implemented services and
access in compliance with ADA’s Titles I, II, and III, along with Section 504 and 508 of the
Rehabilitation Act.
The ADA must be followed by all institutions including public, private, two-year, and
four-year schools. The requirements for the different types of universities and colleges are the
same, however, there are some minor distinctions between them.
Public and private institutions
9
are covered under different funding.
Public colleges, including community colleges and
vocational schools, fall under Title II of the ADA.
Private schools fall under Title III.
Institutions that receive federal funding “are required under Section 504 of the Rehabilitation Act
to make their programs accessible to students with disabilities” (What Are, 2023).
Monies
allocated to the institution will vary and that will determine the types of services that students
will have access to.
Pros and Cons
Like anything else, there are pros and cons that come with the ADA.
The ADA promotes
equity, prevents discrimination, offers accommodations, and accessible infrastructures.
Institutions of higher learning are prohibited, according to the ADA from discriminating against
applicants based on their disabilities.
Eligibility requirements also need to be clear of any
discrimination against those with disabilities.
Based on the ADA, academic adjustments need to
be in place for all students who are eligible.
Having the adjustments allows students to receive
an equitable opportunity to receive an education.
Students need to meet with the Office of
Disability Services to put those accommodations in place. Those accommodations can include
auxiliary aids, time extensions on exams, or housing modifications (Legal, n.d.).
Thanks to the ADA, post-secondary institutions are prohibited from discriminating against
any individuals with a disability.
For instance, if a student applies to a university, they are not
obligated to disclose any disability.
Admissions testing should measure a student’s aptitude,
rather than their disability.
However, they are allowed to request accommodations if they require
them when taking the entrance exam.
Then they must be forthcoming about their disability and
present proof to access such accommodations (The Rights, 2021).
Again, the university cannot
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discriminate when testing that student, based on any disability that has been disclosed to the
institution.
The ADA has raised awareness concerning the needs of those with a disability, allowing for
a more inclusive society.
Before the ADA, students did not have an equitable education
compared to their peers.
There were no rights.
They had to struggle to get through their day-to-
day classes and coursework.
Without the ADA, students today would not have the resources and
support they require to be successful.
Nonetheless, the ADA, in higher education has faced some
challenges and for some, there have been obstacles that they had to face because of it.
Along with the pros we have the cons of ADA.
One of those cons includes cost.
Implementing tools and programs to accommodate these students can be costly.
That said if an
institution does not have the financial means to purchase these programs, that can hinder the
services offered to students.
Unfortunately, this can cause their websites and digital services to
be in non-compliance.
In a study, it was found that almost one hundred percent of colleges and
universities, in the United States do not have websites that comply.
The effects of this can
include lawsuits against the institution (Paykamian, 2023b).
Once a student is identified as having a disability and receives their accommodations,
their faculty must be notified.
That faculty member is responsible for making sure that those
accommodations are met.
However, there have been incidents where faculty members do not
honor the request/s.
The student who is not allowed to utilize those services are at risk of
struggling and failing their course.
It is concerning.
I have witnessed this sort of behavior,
firsthand.
One of my students came into my office, one day, visibly upset.
She communicated
with me, amongst other things, that her professor did not extend her time on her quizzes and
exams.
The student was not allowed to take her exams in the college’s Testing Center, but had to
11
take them in class.
Unfortunately, that has not helped her grades.
I immediately reached out to
the Office of Disability Services.
The student was directed to meet with them and a complaint is
anticipated.
Since its inception and implementation, the ADA in higher education has come a long
way.
Before that, students with disabilities did not receive an equitable education.
Physical
buildings were not equipped or modified to create an accessible environment.
Yes, we have
evolved with the times, however, there is still much more work to do, to ensure that accessibility
to quality and unbiased education is available to all.
Improvement Strategies
As with any law, sometimes there needs to be a change or an amendment if you will.
There or ways that the government can improve the ADA.
This includes adjustments and
updates to technology, as well as faculty and staff training.
The growth of online learning has
increased over the years.
Online coursework can be a daunting task for some.
It can be an even
greater issue for some students with disabilities.
It should be noted that accommodations need to
be implemented based on each individual.
Alligood, et al. (n.d.), states, “Current research shows
that students with disabilities can be more successful with online education, but further research
is needed to determine which online accommodations are most effective which disability areas”
(p. 1).
Training for staff and faculty needs to be improved.
Not all faculty and administrators
are equipped to work with students with disabilities.
Unfortunately, this is not helpful for both
parties.
As a college administrator, I want to be kept well-informed on how I can support those
who need it most.
The institution itself wants to create an inclusive environment for all of its
stakeholders.
It is crucial not only to the student but to the university as well.
Training programs
12
should be mandatory for all, at an institution of higher education.
Those pieces of training
should include an overview of disability federal law, reasonable accommodations, procedures,
and ADA accommodations scenarios (Online faculty, 2022).
Requirement Changes
There are ways that lawmakers and policymakers can improve the effectiveness of the
ADA.
One way would be funding and resources.
Title II and III are a part of that funding.
Monies should be utilized to implement and support those students who are included under the
ADA.
That does not only mean technology but accessibility to buildings and classes.
It should
also be allocated to provide support to staff and faculty.
The institution must provide its
constituents with an inclusive, equitable, and accessible education.
Policymakers should make it
a point to review not only the finances of an institution but also if that institution’s students are
receiving all the services they require.
If buildings and classrooms are compliant and all is up to
code.
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15
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