DISABILITY SERVICES
ADA TRAINING
Sarah Nagpal
Director, Disability Services
ADA/Section 504 Coordinator
(206) 934-7808
Sarah.Nagpal@seattlecolleges.edu
Why does Disability Services Exist?
Federal Laws:
Section 504 of the Rehabilitation Act of 1973, as amended
• First civil rights legislation for people with disabilities
• Protects qualified individuals with disabilities from discrimination on the basis of disability in the
provision of benefits and services
• Applies only to entities that receive federal funding
Americans with Disabilities Act of 1990, amended in 2008
• Similar to Section 504 but applies to most establishments, not just federally funded ones
• Gives broader protection than 504 (2008 amendments give even more protection still)
State Laws:
Substitute Senate Bill 6501 (E-text bill)
• Requires publishers and content creators to provide books and materials in electronic format
House Bill 2327 (Core Services Bill)
• Defines 16 specific accommodations eligible students should receive
District Policy:
• Number 201: Equal Opportunity Statement
• Number 387.10-.80: Reasonable Accommodations for Students with Disabilities
Who oversees compliance?
• On-campus:
ADA/Section 504 Coordinator: Sarah Nagpal
• Office of Civil Rights (OCR)
• Have jurisdiction to impose sanctions, fines, withdraw federal
funding
• Washington State Human Rights Commission
• Department of Education
OCR’s own words….
“The law applies to all faculty and staff, not just a Section 504 or
ADA coordinator or staff members designated to assist students with
disabilities.
All faculty and staff must comply with the nondiscrimination
requirements of Section 504 and the ADA in their professional
interactions with students, because these interactions are part of the
operations of the school.
So, for example, if an adjunct faculty member denies a student who is
blind an equal opportunity to participate in a course by assigning
inaccessible course content, the school can be held legally responsible
for the faculty member’s actions.
Therefore, schools should provide, and faculty and staff should
participate in, professional development about accessibility and
emerging technology, and about the role of faculty and staff in helping
the school to comply with disability discrimination laws.”
How does a student receive
accommodations?
• Stop by DS and/or get an information packet from DS
counter
• Submit documentation of disability
• Or….talk with DS Director if unable to provide documentation
• Meet with DS Director for Intake
• Request accommodations on a quarterly basis
• Accommodations are not set up unless requested, even if the
student has used them in the past
How are accommodations determined?
• On a case-by-case basis
• No cookie-cutter approach, no “disability X gets accommodation Y”
• Process is consistent, but each case is individualized
• Through an interactive conversation with the students
• Thoughtful, deliberate process
• Not a one-way street
• Based on impact of disability
• Example: Notetaking for students with ADD – some students need it,
some don’t
• Supported by documentation from a 3rd party (medical doctor,
psychologist, neurologist, etc.)
• This process takes time, so students should plan ahead
What types of accommodations are
available?
• Notetaking services
• notes from fellow classmate or copies of instructor notes
• Exam accommodations
• additional time, quiet testing location, adaptive software, etc.
• Furniture
• adjustable chairs and tables
• Equipment
• audio recorders, ergonomic keyboards and mice, adaptive software
• Alternative Format
• audio books, electronic text, books in Braille or large print
• Interpreting
• ASL interpreters, CART captioners
• Other
• flexibility in attendance requirements
• service animals
• other accommodations as needed
What is the role of the Disability Services
(DS) office?
• To determine appropriate accommodations for qualified
students
• To notify faculty of accommodations
• Letters of Accommodation are sent via email at the request of the
student
• To assist faculty, staff, and students in the implementation
of these accommodations
What is the role of the faculty member?
• Provide the accommodations listed in the Letter of
Accommodation
• Ensure that all course content is accessible
• (we’ll come back to this!)
• Contact DS as soon as possible if there are issues with
accommodations
and…
What is the role of the faculty member?
(continued)
• To refer students to DS if they disclose that they have a
disability or ask about accommodations
• Sample syllabus statements are a good way to do this
• Authority to determine accommodations lies with DS Director
• Legal ramifications when a “person of authority”…
• grants an “accommodation”
• is notified of a student’s disability
• Example: Parent disclosing to advisor
• Human approach – ok to make exceptions, not always
“accommodations” based on a disability
What is accessible content?
• Videos have captions
• Test them – you might be surprised!
• Audio information is accompanied by a transcript
• PDF files are scanned as readable text, not images
• Images in PowerPoints, etc. have alt text
• Instructions provided in writing
• Includes optional and extra-credit opportunities (alternative
assignments are generally not appropriate)
• Example: watching film vs. writing paper
Using accessible content helps everyone
Using accessible content helps everyone
• Be prepared to have a student with a disability in your class today
• Create accessible content
• Universal Design
• Use accessible content
• Check YouTube videos for captioning, etc.
• Films on Demand
• Contact publishers/content creators and push for accessibility
• Not accessible: MyMathLab (My….anything), ALEKS, iClickers
• Amazon Kindle lawsuits – iPad is accessible, Kindle is not
• What about content that’s already been created?
• Retrofit material you want to continue using
• Caption videos, etc.
• Have a plan B, alternate way to teach information
Can I deny an accommodation?
Yes and no….
• Yes, if the accommodation would be a fundamental
alteration of your class…
How is a fundamental alteration
determined?
• Contact DS Director to discuss alternative accommodations
• We’ll form a committee to determine “fundamental alteration”
• Accommodation must be provided during this time
How is a fundamental alteration
determined?
(i) Fundamental Alteration and Undue Burden Procedural Requirements
Title II regulations contain procedural requirements for public entities that wish to assert a fundamental
alteration or undue burden defense:
1) A decision that a particular action, modification or provision of auxiliary aids and devices would be a
fundamental alteration or undue financial or administrative burden must be made by the head of the
public entity or his or her designee.[607]
2) Before such a determination is made, all of the resources available for use in the operation of
the program or service must be considered.[608]
3) The public entity's determination must be accompanied by a written statement of the reasons for
the decision.[609]
4) If an agency determines that a particular action would be an undue financial or administrative
burden, this is not a justification for the public entity to do nothing. Instead, the public entity must
take any other action that would not be a fundamental alteration or undue burden but that would
nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the
benefits and services of the entity.[610]
Though many defendants assert fundamental alteration and undue burden defenses, few cases
mention these procedural requirements or discuss whether defendants have complied with them.[611]
Advocates may want to request written justifications when public entities refuse to make program
modifications and if litigation ensues, argue that defendants have violated this requirement and that
after-the-fact justifications should be viewed skeptically by courts.
How does a student file a complaint?
• Complaints & Grievances Procedures handout given to
students at every intake meeting
• Students are encouraged to resolve complaints at lowest
level, but they can start anywhere
• Informal complaint process
• Formal complaint process
• Office of Civil Rights (OCR)
• Washington State Human Rights Commission
• Department of Education
• Filing a complaint is a students right, so students
shouldn’t be discouraged from doing so
Resources – where to go with questions
• Disability Services
• Fellow colleagues, deans
• eLearning
• TLC