1. Common Sense and a Good Faith Effort Jane E. Jarrow, Ph.D. Disability Access Information and Support (DAIS)

2. 504/ADA Are CIVIL RIGHTS Statutes The laws are about equal access to opportunity -- nothing more and nothing less The same, and DIFFERENT FROM, every other Civil Rights Statute. Remember, they are NOT meant to be Special Education laws as played out in higher education.

3. What is a REASONABLE ACCOMMODATION? Easier to define what is NOT reasonable. NOT REASONABLE if it means direct threat NOT REASONABLE if it means substantial change to essential element of the curriculum

4. What is a REASONABLE ACCOMMODATION? (cont) Easier to define what is NOT reasonable. NOT REASONABLE if it means substantial change in the manner in which a program or service is rendered NOT REASONABLE if it means a financial or administrative burden If it doesn’t match one of those, it’s reasonable!

5. Argenyi vs Creighton Deaf student in medical school Creighton initially refused to provide CART for classes, later provided it for classes but refused in the clinic Claimed that: a) he was doing OK without it, so he didn’t need it; b) he needed to learn to communicate directly with patients for the future, and -- by the way -- it was too expensive.

6. Palmer Chiropractic College Blind student asking for someone else to assist in interpreting xrays so that he could provide treatment, College maintained that reading xrays independently was a necessary element of training -- but it wasn’t!

7. Bartlett vs NYS Bar Examiners Brilliant woman who is very severely dylexis. VERY. Bar Examiners refused to provide extended time on Bar Exam because if she had achieved so well, she couldn’t be THAT disabled. The court said, “don’t equate access with success in EITHER direction!”

8. Casey Martin vs PGA Golfer with severe physical problems in left leg -- deteriorating condition - wanted to ride the cart during tournaments. PGA said no because 1) we’ve always done it this way, b) we make the rules, and c) if we say yest here, where does it end? Court said, “you’re wrong on all counts!”

9. Harvard/MIT vs NAD It all started with the Kindle lawsuit Numerous suits inbetween have focused on accessibility for blind students Now the NAD is having their say The import -- and NOT -- of this lawsuit (an echo or a harbinger?)

10. JaneJarrow@aol.com