What laws cover institutions of higher education?
Colleges and universities are covered under the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. In 1994, Washington State passed legislation adding new sections to 28B.10 RCW that expresses the same intent as Section 504 and the ADA.

The Rehabilitation Act
Title V of The Rehabilitation Act of 1973 is generally regarded as the first civil rights legislation for people with disabilities on the national level.

Section 504 of the Act prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal funds. Since 1977, all institutions receiving federal funding have been required to provide appropriate reasonable accommodations for people with disabilities.

Section 504 states:

No otherwise qualified person with a disability in the United States ... shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.

Definition of a Disability
Section 504 defines a person with a disability as "... someone with a physical or mental impairment that substantially limits one or more major life activities."

The Americans with Disabilities Act (ADA)
The ADA is a federal civil rights statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities.

Colleges are covered in many ways under the ADA. Employment is addressed by Title 1, accessibility provided by public and private entities Titles 11 and 111, and miscellaneous items are covered under Title V.

Definition of a person with a disablity
Under the ADA, a person with a disability is someone with, a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability under the law if he/she has the disability, has a record of the disability, or is regarded as having the disability.

Under both Section 504 and the ADA, the term "auxiliary aids and services" include: qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, qualified readers, taped text, Braille materials, acquisition or modification of equipment or devices, or other similar services and actions.

Washington State Law
Under Washington State Law (28B. 10 RCW), "... institutions of higher education are obligated to provide services to students with disabilities." The definition of disability follows the federal guidelines. "Reasonable accommodations" include certain "core services" which are outlined in the statute. It also establishes a grievance procedure for students to follow if they believe discrimination has taken place.

How do these laws relate to each other?
Institutions that receive federal funds are covered under Section 504 of the Rehabilitation Act. The ADA does not supplant Section 504, but in those situations where the ADA provides greater protection, the ADA standards apply. Washington State law does not confer any new or expanded rights, but is intended to provide a clearer, more succinct statement of those rights than previously existed.

NOTE: Private colleges and universities are covered under Title III of the ADA, unless they are wholly owned and operated by religious organizations.

What are considered auxiliary aids and services under the law?
Under Section 504 and the ADA, the terms "auxiliary aids and services" include: qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, qualified readers, taped text, Braille materials, acquisition or modification of equipment or devices, or other similar services and actions.

Washington State law specifically defines "core services". Which include (but are not limited to) flexible admissions and registration procedures, interpreter services, alternative format textbooks, readers, notetakers, scribes, equal access to programs and services, facilitation of physical access to classes and programs, adaptive equipment, referral to other resources, flexible test-taking arrangements and flexible timelines and credits for courses.

How do I know if I am eligible to receive accommodations?  (back to top)
A person is eligible for services if they are considered a person with a disability, have identified themselves to the institution, have presented documentation regarding the disability to the institution, and need accommodations. If you are not sure if you qualify for reasonable accommodations, contact the DSS office at your school.

(Each institution refers to this office differently. For the purpose of the Information Guide, it will be referred to as Disability Support Services).

Will the college automatically provide accommodations?
No. While it is the college's responsibility to notify students of services and how to access those services, it is clearly the college student's responsibility to selfidentify and request accommodations. In most colleges, this is done with the Disabled Student Services office.

What must I do to receive accommodations?
Colleges differ from high schools in providing academic accommodations. When a person with a disability needs accommodations in high school, a team of people is assigned to that student to discuss classroom and instructional accommodations. This is not the case with colleges and universities. The legislation states that to receive services from the university, a person with a disability must first disclose their disability to the institution. In most cases, the person would disclose this to the DSS Coordinator on campus. The DSS Coordinator will ask you to bring in documentation regarding your disability, then will assist you in receiving the needed services. Each campus has its own procedures for this process, so it is important to ask for directions and assistance.

Begin this communication process early because most institutions require advance notice to provide requested academic accommodations. Most institutions want 1-2 months advance notice. When communicating with faculty or the DSS office, be aware of your needs and rights. For many students, this may be the first time you will be requesting accommodations for yourself. It may help to practice with friends or in front of a mirror. Effective self-advocacy, like all skills, takes practice. Do not hesitate to ask your counselor or Disablitiy Support Coordinator for help.

It is your responsibility to notify the DSS office if any class changes occur during the term. This will allow the DSS Coordinator the opportunity to discuss with you changes in accommodations, if necessary. If you utilize services specifically contracted by the DSS office for your accommodations (i.e., interpreter or notetakers), it is your responsibility to contact the DSS office prior to classes you are unable to attend. This allows the DSS office to cancel those services.

Who decides what type of accommodations I will receive?  (back to top)
You are the best resource when determining needed accommodations. It is important that you know what type of accommodations work best for you. This is done in cooperation with the DSS office. Remember, the same accommodation for each class may not be needed. For example, a Nursing class may require a different accommodation than a Oral and Written class. Tests may also differ between classes. You may request an accommodation, but the institution is not required to provide the specific accommodation requested. The institution must, however, provide an "effective" accommodation. Your documentation must specifically support the needs for any accommodations requested.

What happens if I disagree with the accommodations recommended?
If you disagree with the academic accommodations being presented to you, speak with your DSS Coordinator. Express your concerns and be prepared to offer alternative solutions. If that does not alleviate the situation, find out what the college policy is regarding grievance procedures and go from there. The college has to provide appropriate and reasonable accommodations, but if the institution can provide you with an accommodation that is equally as effective as the one being requested and less expensive, the college is not required to provide the more expensive one. For example, the institution does not have to buy the biggest and best computer and printer if a system is already available which would be just as effective.

If the issue cannot be resolved at the institutional level, contact the Office of Civil Rights or the Department of Justice. File complaints under Section 504 of the Rehabilitation Act with the Office of Civil Rights of the U.S. Department of Education (OCR), or those under Titles II or III of the ADA with the Department of Justice. If unsure, file with the Department of Justice, who will refer the complaint to the appropriate agency.

Keep in mind that documentation is imperative. Make specific notes about any suspect situations by listing dates, names, and a description of the alleged discrimination. A complaint must be filed within 180 days of the date of the alleged act(s) of discrimination, unless the time for filing is extended by the Federal Agency.

Am I responsible for paying for the accommodations?  (back to top)
No. Each institution is responsible for the provision of the appropriate auxiliary aids and services available at no cost to the student. Each institution may determine which department pays for a particular accommodation. The institution cannot place a limit on its expenditure for auxiliary aids or services or refuse to provide auxiliary aids because it believes that other providers of these services exist. You and the college may work with an outside agency, such as Division of Vocational Rehabilitation (DVR) to assist in obtaining assistance for the cost of a needed item or service.

The college is providing transportation for a field trip, but it is inaccessible to me because I use a wheelchair. Do I have to pay for my own transportation?
No. If the field trip is a college-sponsored activity, accommodations, such as accessible transportation, must be offered. You, the student, may accept or refuse the accessible transportation. Legislation states that the institution should provide equal access to all programs, services, facilities, and activities offered by the college.

Do I have the right to accommodations if I am an international student with a disability?
Yes. International students are entitled to the same protection from nondiscrimination on the basis of disability as are U.S. citizens. Section 504 states the prohibition of discrimination covers any "otherwise qualified person with a disability in the United States." Section 504 does not state the student has to be a citizen of the United States. However, the need for accommodation must be directly related to a disability, and not for some other reason. For example, if an international student has poorly-developed English skills due to being a non-native speaker, and not due to a disability, this in itself would not make him/her eligible for accommodations in that area.

Am I eligible for accommodations if I am taking a class for an audit?  (back to top)
Yes. The legislation states any student with a disability is eligible for services, and cannot be denied equal access to all programs, services and activities offered by the institution.

Is the college responsible for paying for my personal services, such as a personal care attendant?
No. The legislation indicates institutions are not responsible to provide personal care services, readers for personal use or study, or other devices or services of a personal nature.

Will the college tell others about my disability?
No. Section 504 states that any information regarding a person's disability obtained from medical examinations or the appropriate post-admissions investigation shall be considered confidential and shall only be shared with others within the college or university on a need-to-know basis. In other words, faculty members do not need to have access to information regarding a student's disability, only the needed accommodations which are appropriate and necessary to meet the student's needs. Confidential information should be kept in a separate file, which has limited access, to maintain confidentiality. In most cases this is kept in the DSS office.

Can I expect "special privileges" from teachers and college staff?
No. Receiving an accommodation should not be regarded as giving you, the student, "special privileges", but rather as equalizing the impact of the disability to the greatest extent possible. It is important to remember that instructors expect the same academic performance from you as the other students. The legislation does not intend that institutions pass students because they have a disability and they feel sorry for them. The laws are intended to provide people with disabilities equal access to all programs and services available to any student. You must adhere to the same codes of conduct required by the institution.

Institutions do not have to make accommodations or adjustments that would result in a major or substantial alteration in an essential element of the curriculum. The institution has the right to set academic standards, but the institution must prove that a requested accommodation would create a substantial change. The burden of proof lies with the institution.

Am I eligible for a substitution or waiver from the college?  (back to top)
A substitution may or may not be an appropriate accommodation. If the course or content is found to be essential to the area of study and making a substitution would require a substantial change in an essential element of the curriculum, it would not be appropriate. It is the institution's responsibility to show that a certain class or area is essential to a certain course of study and that any changes would substantially alter the curriculum. This will be decided on a case-by-case basis.

Course waiver is very rare. It is a possibility, but is often seen as watering down the curriculum. Waivers are not seen as the accommodations of choice, but an option only if all other accommodations attempted have proved to be ineffective and it would be punitive to ask the student to continue to try an ineffective accommodation. Substitutions are always considered before a waiver.

What are some strategies I can use to advocate for myself?
The first step is to know yourself, including your strengths, weaknesses, and what type of accommodations you need. Have a goal and a plan of action to obtain that goal. Obtain assistance from a mentor or other persons who could be used as resources. The mentor could be an instructor, an older student with a disability who has been through the process, your high school teacher or advisor, etc. Learn what resources are available on campus in your region, and nationally. If you do not know something, ask for help from your college counselor or Disabled Student Services Coordinator.