1. The District’s Legal Obligation to Provide Accommodations to Disabled Students
Los Angeles Community College District
Office of General Counsel
Kevin D. Jeter, Esq.
Associate General Counsel

2. Applicable Statutes Rehabilitation Act of 1973, Section 504
Title 29, United States Code, Section 794
Recipients of Federal Funds
American With Disabilities Act, Title II
Title 42, United States Code, Section 12132
Public Entities

3. Prohibited Discrimination
No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity or any program or activity (“college”) receiving Federal funds
Title II of ADA and Section 504

4. Applicable Context Physical Accessibility Program Accessibility
Making Existing Facilities Accessible
Ensuring that new and renovated facilities are accessible
Ramps, Railings, Curb Cuts, Door Openers
Required Parking, Signage, Braille
Upgrade Restrooms, Entryways
Program Accessibility
Reasonable Accommodations

5. What is a Disability?
A physical or mental impairment that limits one or more major life activities
Major life activities include:
Caring for one's self
Performing manual tasks
Walking, seeing, hearing, speaking, breathing,
Working
Learning

6. District’s Legal Obligation
In General:
To provide equal opportunities to students with disabilities
Ensure equal level of communication
Afford the same benefits and services
Provide instruction and services that are equally effective in affording the opportunity to obtain the same results
Afford the same rights, privileges, advantages, and opportunities afforded to others
28 CFR Section
34 CFR Section 104.4

7. Provide Auxiliary Aids – Section 504
The recipient shall take such steps as are necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.
34 CFR Section (d)

8. Provide Auxiliary Aids – Title II ADA
A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.
In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.
28 CFR Section

9. Required Objective in Providing Auxiliary Aids?
Ensure Effective Communication

10. Auxiliary Aids
Qualified interpreters, note takers, transcription services, written materials, assistive listening devices, open and closed captioning, videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
Acquisition or modification of equipment or devices
34 CFR Section (d)
28 CFR Section
Qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments;
Classroom equipment adapted for use by students with manual impairments

11. Common Accommodations
Enrollment assistance
Priority registration
Student educational planning
Special parking privileges
Sign language interpreters
Note-taking assistance
Tutoring referrals
Equipment loans
Specialized academic and vocational counseling
Recorded Class Lectures
Test-taking accommodations
Special classes
Liaison with the Braille Institute
Access to assistive technology
Alternate text formats
Learning skills assessment

12. Exam Accommodations
In its course examination of students with disabilities that impair sensory, manual, or speaking skills, the recipient shall provide a method for evaluation that will best ensure that the results of the evaluation represents the student's achievement in the course, rather than reflecting the student's impaired sensory, manual, or speaking skills.
34 CFR Section (c)

13. Personal Aids Not Required
The District is NOT required to provide:
Personal Devices
Wheelchairs, canes, walkers
Individually Prescribed Devices
prescription eyeglasses, hearing aids
Readers for personal use or study
Personal attendants or personal services
Assistance in mobility, eating, toileting, or dressing
34 CFR Section (d)
28 CFR Section

14. Program Alteration
The recipient shall modify its academic requirements as are necessary to ensure that such requirements do not discriminate, or have the effect of discriminating, on the basis of disability.
Modifications may include:
Extending the time permitted to complete the degree
Substitution of required courses
Adaptation of the manner in which courses are conducted
However, academic requirements that the recipient can demonstrate are essential to the instruction or are part of a licensing requirement need not be waived, altered, or modified
34 CFR Section (a)

15. Other Rules are Prohibited
A recipient may not impose upon disabled students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students
34 CFR Section (b)
Comfort Animals

16. Tape Recording Education Code Section 78907:
The use by any person, including a student, of any electronic listening or recording device in any classroom without the prior consent of the instructor is prohibited, except as necessary to provide reasonable auxiliary aids and academic adjustments to disabled students.

17. The Interactive Process
1. Identify the impact of the disability
on the learning process
2. Identify, select, and implement the appropriate accommodations
3. Follow up to determine the effectiveness of the accommodations
Call DSPS

18. Question and Answer