office for civil rights seattle office
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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 PresentationTRANSCRIPT
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Academic Adjustments & Auxiliary Aids & Documentation
Office for Civil RightsUS Department of Education
April 2011
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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
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
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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
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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
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
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How does OCR enforce How does OCR enforce the law?the law?
OCR
resolves complaintsconducts compliance reviewsprovides technical assistance
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Complaint EvaluationComplaint Evaluation
JurisdictionTimelinessSufficient information to proceed with complaint resolutionBasis for dismissal or administrative closure
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Complaint ResolutionComplaint Resolution
Early Complaint Resolution InvestigationResolution Agreement (to settle the matter)Letter of Findings and Enforcement
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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….
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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;
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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.
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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.
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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
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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.
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Examples of Possible Examples of Possible Auxiliary AidsAuxiliary Aids
Taped textsNotetakersInterpretersReadersAdapted classroom equipment Braille versions of written materials
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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3 C’s of Documentation3 C’s of Documentation
Students should attempt to provide documentation that is: Current Comprehensive Complete
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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.
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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.
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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