The First Annual Disability Forum at Syracuse University Image: a sequence of four disability symbols for vision, cognitive/psychological, hearing & mobility. November 1st & 2nd 2016 Facilitator: L. Scott Lissner In the spirit of collaboration and community The Office of Disability Services and the Beyond Compliance Coordinating Committee http://www.syr.edu/accessiblesu/

It is the Right Thing to do It is Important for Diversity WHY PROVIDE ACCESS? It is the Right Thing to do It is Important for Diversity Image a sequence of thee portraits with “thought bubbles”. Painting of Franklin Roosevelt in an upholstered arm chair “It is the right thing to do”; Stephan Hawking in his wheelchair “it is important for Diversity;” George H. Bush on the South Lawn of the White House signing the ADA with Justin Dart and Swift Parrino looking on “It’s the Law” It’s the Law Image a sequence of thee portraits with “thought bubbles”. Painting of Franklin Roosevelt in an upholstered arm chair “It is the right thing to do”; Stephan Hawking in his wheelchair “it is important for Diversity” George H. Bush on the South Lawn of the White House signing the ADA with Justin Dart and Swift Parrino looking on “It’s the Law”

T H E L A S C N U R Y As a matter of policy and law individuals with Disabilities were historically excluded from public life and subjected to paternalistic treatment. The Last Century A black and white photo of Justice Oliver Wendell Holmes at a desk cluttered with papers and the text “There generations of imbeciles are enough>” Justice Holmes, Buck v. Bell. As a matter of policy and law individuals with Disabilities were historically excluded from public life and subjected to paternalistic treatment.

Basic Objectives of Section 504 and the ADA Full participation in social, political and economic activities by: Ending the segregation and isolation of persons with disabilities Securing equal opportunities Ensuring equitable treatment Fostering independence Image: Black and white photo circa 1973 of Ed Roberts in a power chair with Dan Galway and his guide dog on Berkeley's campus.

Legal Context Pre 1964 – "Support” Oriented 1964 – Architectural And Transportation Barrier Removal Act 1973 - Section 504 of the Rehabilitation Act. 1975 – PL 94-142 (IDEA) 1977- Section 504 Regulations 1988 - Fair Housing Act Amendments 1990 – Americans with Disabilities Act 2009 – ADA Amendments Act A series of four photographs. A picture of Richard Nixon signing the Rehabilitation Act of 1973 in the oval office; 2 pictures of the April 1977 504 protest in San Francisco, one showing a protester with a sign saying 504 Human Rights for All another showing a picket line with wheelchairs; George W. Bush in the oval office signing the ADA Amendments Act.

A Change In Perspective “Congress acknowledged that society's accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.” Justice William J. Brennan, Arline v. Nassau County, 1987 Picture of Chief Justice William J. Brennan wearing judicial ropes with law books in the back ground. Brennan was the principal architect of the nation’s system for protecting individual rights. As the intellectual leader of the movement towards expanded civil rights. Serving on the Supreme Court for three decades he fundamentally changed the Court’s approach toward the Constitution. .

“…Congress understood in shaping the ADA, it would sometimes require not blindfolded equality, but responsiveness to difference; not indifference, but accommodation.“ Ruth Bader Ginsburg, Tennessee v. Lane Three images Justice Ginsburg forming the H in OHIO with 3 students, A group of residents and a doctor walking down a corridor and a panel of six individuals at a table. http://disabilityservices.syr.edu/ http://www.syr.edu/hcd/equal-opportunity.html

Mandate to Higher Education 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 & Title II of the Americans With Disabilities Act 34 CFR 104 & 28 CFR 35

Access Infrastructure Administrative Requirements Non-Discrimination Designee ADA Coordinator & 504 Compliance Officer Notice Accessibility Accommodation Grievance

What Is An Accommodation? A modification to policy, procedure, practice, or the environment the provision of a tool, technology, or service that partially mitigates the impact of a disability allowing the individual with a disability to participate STEF Types of barriers Physical barriers that make it difficult to get into and around a work site or to use necessary work equipment Communication barriers that exclude or limit the way people communicate with each other Rigid work schedules that allow no flexibility for people with special needs caused by disabilities Barriers in others’ minds, including unfounded fears, stereotypes, presumptions and misconceptions about job performance, safety, absenteeism, costs or acceptance by co-workers and customers Examples of Accommodations Restructuring a job by reallocating or redistributing marginal job functions Altering when or how an essential job function is performed Part-time or modified work schedules Obtaining or modifying equipment or devices Modifying examinations, training materials or policies Providing qualified readers and interpreters

Determining Possible Accommodations Condition Manner Duration How is the individual prevented from or limited when engaging in an activity? Effort, endurance and length of time required to perform the activity tools needed to perform the activity Changers in the environment that allow the individual to engage in the activity Is there a different path to the same end? Condition illustrated by close up shot of classroom desk tops showing hands filling in scantron answer sheets; Manner illustrated by a hand reading Braille; Duration illustrated by a hand holding a stop watch

“It is possible to envision situations where an insistence on continuing past requirements and practices might arbitrarily deprive genuinely qualified handicapped persons of the opportunity to participate in a covered program.” (Southeastern Community College v. Davis, 442 U.S. 397)

When Are Accommodations Reasonable? Addresses an impact of the disability Manner, Condition & Duration not outcome Does not create a fundamental alteration Comparable experience, performance or evaluation Does not create a “Direct Threat” to others Likely, imminent, significant & can not be substantially reduced with accommodations Does not create an undue burden Administrative, Financial,

Climate, Complaints & Retaliation Student Exclusion Failure to Accommodate Harassment/Retaliation Institution Fundamental Alteration Undue Burden Process Objective, Informed & Timely Earning Deference for Academic Decisions

Characteristics of Lawful Technical Standards It pertains to the essential (core) rather than the tangential aspects of the program It is an inquiry into a skill or ability rather than a medical condition. The ability to perform the skill directly relates to academic or programmatic success It pertains to the safe performance of the skills the program seeks to develop In a licensing program, it is directly related to skills necessary to obtain the license

Direct Threat A “direct threat” means “a significant risk of substantial harm to the health and safety of others (or self in employment) that cannot be eliminated or reduced by reasonable accommodation--A significant risk is a high, and not just a slightly increased, risk.

Direct Threat (continued) Individualized Analysis Reasonable medical judgment relying on current medical knowledge and/or the best available objective evidence Deference to the treating physician

Image of hands raised

CONTACT L. Scott Lissner, ADA Coordinator, The Ohio State University Office of Diversity And Inclusion 1849 Cannon Drive Columbus, OH 43210-1266 Lissner.2@OSU.EDU Http://ada.osu.edu (614) 292-6207(v); (614) 688-8605(tty) (614) 688-3665(fax)