ONE COLLEGE, ONE LAW Disability Services Information Session Fall Semester 2012

Presented by: Disability Services Office Location: B 209 Staff Members: Tomma Lee Furst Stephanie Giddens Kym Kleinsmith Lori Corrigan DS Office Mission: See handout

It’s actually two laws… Section 504 of the Rehabilitation Act of 1973 ADA Amendments Act (ADAAA) of 1990 and 2008  Both are Civil Rights Laws  Both provide legal protection against discrimination of people with disabilities  Who must comply? Programs and businesses that receive federal, state, or local funding

RACC must comply With the combination of the two laws, all government funded programs are covered. Many programs, such as those at RACC, receive federal, state, and local funding, and are therefore covered by both laws at one time.

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

Language of the law  No otherwise qualified (open admission)  individual with a disability (physical or mental impairment that impacts a daily life activity)  in the United States…shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program (credit or non-credit)  or activity (in or out of classroom, anywhere on or off campus) receiving Federal financial assistance….

Let’s brainstorm about specifics: In your program, office, class, division, etc.:  Who has to comply?  What processes must be accessible?  Whose responsibility is it to comply?  Who pays for services like an ASL interpreter?

What does this mean? RACC and ALL programs, faculty, and staff, whether credit or non- credit, must provide access to:  All buildings, classrooms, offices, labs, parking, etc.  RACC website, online instruction and online services, Angel, etc.  Placement test  Admission and enrollment  Student services  Faculty instruction  Educational class trips  Classroom materials  Textbooks  Testing

What if we do not comply? Any student who feels discrimination, overt or subtle, including a hostile environment or intimidation, may lodge an official complaint with the Office of Civil Rights (OCR).

What is Office of Civil Rights?  Part of US Dept. of Health and Human Services  Enforce Civil Rights and Health Info Privacy Laws  Our District Office is in Philadelphia Because the ADA and Rehab Act are Civil Rights laws, the Office of Civil Rights (OCR) is the body that investigates complaints. Their mission as it applies to education: “to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.”

The process of an OCR complaint  A complaint of discrimination is filed  If an educational institution has discriminated against someone on the basis of race, color, national origin, sex, disability, or age  Complaint is evaluated  If valid, timely, etc., investigation begins  OCR is neutral fact finder  Review papers, interviews, site-visit  Send letter of finding to all parties

If non-compliance with law…  OCR asks for a voluntary resolution agreement describing specific actions needed to comply with law  OCR will monitor progress and confirm implementation

If refusal of voluntary resolution agreement…  OCR informs recipient it has 30 days to resolve issues or OCR will find factual and legal non-compliance  Next, a letter of Impending Enforcement Action  Next, may suspend, terminate or refuse to continue Federal financial assistance to recipient  May be referred to the Dept. of Justice

Consider specific cases and discuss  Read case  What was complaint?  Was it discrimination?  If non-compliance, how should the issue be resolved?

Cases to discuss  Case #1: University of Guam  Case #2: Lewis and Clark College  Case #3: Strayer University  Case #4: Anycollege USA

Additional Resources This PowerPoint presentation will be available on the Disability Services page on RACC’s website. To learn more about the Office of Civil Rights:  (general)  (education specific) To learn more about the Americans with Disabilities Act: The US Department of Justice’s ADA Home Page:  Disability rights online news: 

Additional Resources This PowerPoint presentation will be available on the Disability Services page on RACC’s website. To learn more about compliance with the law in a college setting: Disability Compliance for Higher Education: Successful Strategies for Accommodating Students and Staff with Disabilities. Wiley Periodicals, Inc. To have specific questions answered at any time:  Tomma Lee Furst x5069  Stephanie Giddens x5070  Kym Kleinsmith x5265  Lori Corrigan x5081

THANK YOU FOR LEARNING ABOUT ONE COLLEGE, ONE LAW Disability Services, B 209