Higher Education and Disability in the United States: Inclusion through Legislation and Universal Design Carol Funckes AHEAD President University of Arizona

The Association on Higher Education and Disability Mission AHEAD is the premiere professional association committed to full participation of persons with disabilities in postsecondary education. Vision: AHEAD envisions educational and societal environment that value disability and embody equality of opportunity

AHEAD Structure Networking Impacting AHEAD Membership State Affiliates 600+ colleges & universities State Affiliates Special Interest Groups AHEAD Board of Directors & Staff AHEAD Bylaws, Mission and Vision Initiatives Networking Services & Resources Impacting Training, Publications, Consultation, Research

Inclusion of Disabled Students Large Percentage Growth of students with visible disabilities in the 1960s Large Percentage Growth of students with learning disabilities in the 1990s 1995-2000: 18%-33% Why? Social pressures Legal Responses: Legislation following WWII-Disabled Veterans Section 504 Rehabilitation Act American’s with Disabilities Act The Rehabilitation Act of 1973 had its roots in much earlier legislation, which created rehabilitation programs and services for wounded military veterans circa post-World War I. Section 504 of the 1973 reauthorization of that act simply stated that no recipient of federal funds could legally discriminate on the basis of disability. It would take another four years for Section 504 regulations to be written and implemented. For purposes of access to higher education, the ADA provided little that was new beyond the regulations that were already in place via Section 504. But the ADA granted complainants the right to sue for noncompliance. That newfound right and the publicity with which the ADA was implemented sparked sweeping improvements in physical facilities and reasonable modifications of policies and practices toward more open and available access to disabled students.

Disabled Students in Higher Education: Averages in the United States

Americans with Disabilities Act No otherwise qualified person with a disability in the United States shall, solely by reason of disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance The ADA is a civil rights law intended to provide equal access and opportunity for people with disabilities. It is not intended to afford anyone special privileges. It is intended to eliminate discrimination. This is your starting point when faced with an issue regarding the appropriateness of providing an accommodation: Will the student, without this accommodation, have equal access to the educational program or activity in question? A civil rights law with specifically established legal criteria.

ADA: Major Components Civil Rights Protection Non-discrimination legislation “Otherwise Qualified” requirement Meets academic/technical standards No “direct threat” “Disability” is defined Sets up requirement for disability documentation Requires “reasonable accommodations” The individual must be otherwise qualified. In education this means the individual meets the academic and technical standards for admission or participation. However, if the qualification for attending a specific event, such as a lecture or performance, is having a ticket, then an individual with a disability possessing a ticket is qualified. The individual is not qualified is they are a danger to themselves or others. If you determine a student is not qualified you must prove the requirement is essential and you must apply this standard to all. If you say something is essential you must have a logical and rational basis. You should include necessary experts in assessment of what is “essential”   Medication Treatment Coping mechanisms

Who is protected by the ADA? A person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. Physical or mental impairment: neurological musculoskeletal respiratory cardiovascular specific learning disability sensory

Who is protected by the ADA? A person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. Substantially limits: Unable to perform a major life activity or significantly restricted as to the condition, manner or duration under which it can be performed in comparison with most people.

Who is protected by the ADA? A person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. Major life activity: walking seeing hearing speaking learning working

Disability Documentation Clearly diagnoses the disability Verifies “substantial limitation” Considers “mitigating measures” “Current”: varies with condition Reports the impact of the disability “functional limitation” Describes the stability/prognosis of the condition Includes summary of previous accommodations Recommends possible accommodations Documentation serves two primary purposes in postsecondary education: To establish protection from discrimination: Non-discrimination is an assurance that individuals with disabilities will not be excluded or provided lesser access to programs and activities based on assumptions rooted in stereotype or perception of ability that are not based in fact. Non-discrimination also provides freedom from harassment based on perceptions of disability. Documentation needed only for protection from discrimination based on disability can be quite brief. A diagnostic statement from an appropriate professional, a past history of recognition as a person with a disability or even self-identification that indicates how others might regard the individual as having a disability could suffice as the basis for protection from discrimination. AND To determine the accommodations to which the individual may be entitled Reasonable accommodations include modifications to policy, procedure or practice and the provision of auxiliary aids and services that are designed to provide equal access to programs and services for qualified individuals with disabilities. Accommodations are reasonable when they do not fundamentally alter the nature of a program or service and do not represent an undue financial or administrative burden. Disability documentation for the purpose of providing accommodations must both establish disability and provide adequate information on the functional impact of the disability so that effective accommodations can be identified. In the context of postsecondary education, documentation should provide a decision-maker with a basic understanding of the individual’s disability and enough information to anticipate how the current impact of the disability is expected to interact with the institution’s structure of courses, testing methods, program requirements, etc. Definitions of Disability

Reasonable Accommodations Modifications or adjustments that allow equal opportunity for participation while maintaining essential components Must: Be requested in a timely manner Be effective Consider preference of the disabled student Be appropriately related to the disability Maintain academic integrity

Accommodations are NOT Reasonable if they: Fundamentally alter the essential components Present an undue hardship: Extensive Substantial Disruptive Are of a personal nature Impose a direct threat to self or others YES, IF a direct threat to others or self exists. specific risk must be identified risk must be current, not speculative or remote risk must be based on objective, factual evidence Even if a genuine risk of substantial harm exists, the school must consider whether the risk can be eliminated or reduced below the level of a “direct threat” by reasonable accommodations Consider the measures the individual is taking on his/her own

Common Academic Accommodations Auxiliary aids and services, may include: Sign Language Interpreters Alternative format Braille, tape, large print, electronic media Testing modifications Course substitution Reasonable accommodations are individually determined.

Two Design Models Accessible Design Instruction and products/buildings that are accessible and usable by people with disabilities Universal Design Instruction and products/buildings that are accessible and usable by everyone, including people with disabilities.

Accessible Design acknowledges that people with disabilities have a right to access and use environments, but it requires a modification or accommodation in response to the needs of people with disabilities. Accessible Design doesn’t acknowledge the social trends that are changing our societies and institutions of education, and it will never be a completely adequate solution to accessibility. Accessible Design is often reactive, separate and consumable. Separate entrance with a ramp Separate testing facility to adequately assess student learning Techniques or methods that separate and stigmatize