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1 Academic Adjustments & Auxiliary Aids & Documentation Office for Civil Rights US Department of Education April 2011

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Academic Adjustments & Auxiliary Aids & Documentation Office for Civil Rights US Department of Education. Office for Civil Rights Seattle Office. Henry M. Jackson Federal Building 915 Second Avenue, Room 3310 Tim Sell and Noel Nightingale Seattle Main Number – 206-607-1600 - PowerPoint PPT Presentation

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Page 1: Office for Civil Rights Seattle Office

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Academic Adjustments & Auxiliary Aids & Documentation

Office for Civil RightsUS Department of Education

April 2011

Page 2: Office for Civil Rights Seattle Office

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Office for Civil RightsOffice for Civil RightsSeattle OfficeSeattle Office

Henry M. Jackson Federal Building915 Second Avenue, Room 3310

Tim Sell and Noel NightingaleSeattle Main Number – 206-607-

1600http://www.ed.gov/ocr/

April 2011

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What’s New with OCROCR now posting compliance review and selected complaint letters on website accessible to public, see: .  

http://www2.ed.gov/about/offices/list/ocr/publications.html

Newly Effective ADA Regulations, eff. March 15, 2011 (28 CFR Part 35), available at: http://www.ada.gov/regs2010/ADAregs2010.htm Service animals, accessibility standards (path of

travel, existing facilities), direct threat, qualified interpreters, video-remote interpreting, ticketing

3April 2011

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What’s Happening with OCR Seattle

Stop by OCR Seattle’s TA Table at AHEAD conference in Seattle in JulyBy the Numbers: FY 2009 – 524* complaints FY 2010 – 425 complaints FY 2011 – 397 (thru April 12, 2011) FY 2011 (projected) – 680 complaints* FY 2011 – 7 pending Compliance Reviews

4April 2011

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Legal JurisdictionLegal Jurisdiction

Disability - Section 504 of the Rehabilitation Act of 1973/Title II of the ADA of 1990 – 50%Race, Color, National Origin - Title VI of the Civil Rights Act of 1964 – 15%Sex - Title IX of the Education Amendments of 1972 – 7%Multiple Jurisdictional Bases – 15%Age - The Age Discrimination Act of 1975 - 2%Boy Scouts of America Equal Access Act - <1%

April 2011

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Complaints – By the Numbers

Nationally – Section 504/Title II - 50% Seattle OCR – 48%-50% are disabilitySeattle OCR - 20% of disability cases are post-secondarySeattle OCR – FY 2011 – 8 - Academic Adjustment/Auxiliary Aids, 4 – Harassment, 5 - General, 3 - Accessibility, 3 - Financial Aid

April 2011 6

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How does OCR enforce How does OCR enforce the law?the law?

OCR

resolves complaintsconducts compliance reviewsprovides technical assistance

April 2011

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Complaint EvaluationComplaint Evaluation

JurisdictionTimelinessSufficient information to proceed with complaint resolutionBasis for dismissal or administrative closure

April 2011

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Complaint ResolutionComplaint Resolution

Early Complaint Resolution InvestigationResolution Agreement (to settle the matter)Letter of Findings and Enforcement

April 2011

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Section 504Section 504

No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….

April 2011

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Section 504Section 504

”Program or activity" means all of the operations of -

* * *

(b)(2)(A) a college, university, or other postsecondary institution, or a public system of higher education;

April 2011

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Title II of the ADATitle II of the ADA

Prohibits discrimination on the basis of disability by public entities, including state colleges and universities, regardless of whether they receive Federal financial assistance

Section 504 and Title II of the ADA have similar compliance standards.

April 2011

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Person with a disabilityPerson with a disability

Has a physical or mental impairment that substantially limits a major life activity

orHas a record of such an impairment

orIs regarded as having such an impairment.

April 2011

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ADA Amendments Act of ADA Amendments Act of 20082008

Effective Jan. 1, 2009.Amends ADA and conforms definition of disability in Section 504 with Amendments Act.Retains the elements of the term “disability,” but changes the meaning of “substantially limits a major life activity” and being “regarded as” having an impairment.

Requires “disability” to be construed broadly.

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Academic AdjustmentsAcademic Adjustments

College must make modifications to academic requirements necessary to ensure requirements do not discriminate on the basis of disability against a qualified person with a disability.Examples of possible modifications are: change in length of time to complete a

program substitution of courses adaptation of manner in which courses are

conducted

April 2011

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What Is Not RequiredWhat Is Not Required

College is not required to change academic requirements that are essential to The instruction being pursued by the student;

or Any directly related licensing requirements.

College is not required to alter the fundamental nature of its program.OCR gives appropriate deference to the academic discretion of a college.

April 2011

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Examples of Possible Examples of Possible Auxiliary AidsAuxiliary Aids

Taped textsNotetakersInterpretersReadersAdapted classroom equipment Braille versions of written materials

April 2011

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Auxiliary AidsAuxiliary Aids

Colleges must take such steps as are necessary to ensure that no student with a disability is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.

April 2011

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What Is Not RequiredWhat Is Not Required

College is not required to provide auxiliary aids or services that it can demonstrate would result in A fundamental alteration in the

nature of its program; or Undue financial or administrative

burdens.

April 2011

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What Is Not RequiredWhat Is Not Required

Colleges are not required to provide devices or services of a personal nature.Examples: Attendants Individually prescribed devices Readers for personal use or study

April 2011

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Accessible Accessible Communications & Communications & Auxiliary Aids (ADA)Auxiliary Aids (ADA)

Communications must be “as effective as” communications with non-disabled persons.Public entity must furnish “appropriate” auxiliary aids and services where necessary for equal opportunity.Public entity must give “primary consideration” to requests of person with disability but is not required to honor preference if effective alternative available.

April 2011

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Tests & ExaminationsTests & Examinations

Test format and administration should measure a student’s achievement, not the student’s impaired sensory, manual, or speaking skills (except where such skills are the factors the test purports to measure).Examples: tape vs. print extended time reader

April 2011

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Basic Principles—Academic Basic Principles—Academic Adjustments, Auxiliary Aids, and Adjustments, Auxiliary Aids, and TestingTesting

If a college student wants an academic adjustment or auxiliary aid or service, the student is responsible for notifying the college of his or her disability and need for academic adjustments or auxiliary aids or services.Academic adjustments and auxiliary aids and services must be provided in a timely manner.

April 2011

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2 Steps to Making Decisions2 Steps to Making Decisions

One: Determination of whether individual has an impairment that substantially limits a major life activity (is it a disability?)

Two: Determination of whether academic adjustment or auxiliary aid or service is required and, if so, what

April 2011

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Initiating the ProcessInitiating the Process

If a student wants an academic adjustment, he or she has the initial obligation to provide notice of a disability and need for academic adjustment or auxiliary aid or services.

April 2011

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DocumentationDocumentation

Postsecondary schools may establish reasonable standards for documentation.Some schools require more documentation than others.The following list identifies the type of documentation some schools require.

April 2011

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Documentation Some Schools Documentation Some Schools RequireRequire

Diagnosis of physical or mental impairment.

Evaluation by a qualified professional.

The name, title, and professional credentials of the evaluator, including information about license or certification as well as the area of specialization, employment, and state in which the individual practices.

April 2011

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Documentation Documentation cont’dcont’d

Current testing and evaluation data.Documentation demonstrating

existing disability. While some disabilities may be life-long, documentation may be required to demonstrate the current impact of those disabilities.

April 2011

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Documentation Documentation cont’dcont’d

Demonstration of the need for services based on the individual’s functional limitations and current level of functioning in the educational setting.Comprehensive and complete documentation.

April 2011

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3 C’s of Documentation3 C’s of Documentation

Students should attempt to provide documentation that is: Current Comprehensive Complete

April 2011

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Paying for EvaluationPaying for Evaluation Colleges are not required to conduct or pay for a new evaluation to document a student’s need for an academic adjustment. This may mean the student must pay or find funding to pay an appropriate professional to do it. An institution may choose to conduct its own evaluation at its own cost.In order to clarify the documentation and obtain needed information, it is often helpful for the school to simply talk to the student’s diagnostician with the student’s permission.

April 2011

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Interactive ProcessInteractive Process

The school and student should engage in an interactive process to determine whether an academic adjustment is required and, if so, what academic adjustment is appropriate.

April 2011

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OCR Contact InformationOCR Contact Information

http://www.ed.gov/ocr/[email protected]

Tim Sell, 206-607-1639, [email protected]

Noel Nightingale, 206-607-1632, noel.nightingale @ed.gov

April 2011