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

2. 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”

3. 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.

4. 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.

5. Legal Context Pre 1964 – "Support” Oriented
1964 – Architectural And Transportation Barrier Removal Act
Section 504 of the Rehabilitation Act.
1975 – PL (IDEA)
Section 504 Regulations
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 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.

6. 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. .

7. “…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.

8. 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

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

10. 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

11. 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

12. “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)

13. 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,

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

15. 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

16. 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.

17. 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

18. Image of hands raised

19. CONTACT
L. Scott Lissner, ADA Coordinator, The Ohio State University Office of Diversity And Inclusion 1849 Cannon Drive Columbus, OH (614) (v); (614) (tty) (614) (fax)