Final Paper

.docx

School

Southern New Hampshire University *

*We aren’t endorsed by this school

Course

550

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

Uploaded by MagistrateComputerCapybara8140

1 Americans With Disabilities Act Michele Gioxaris Global Campus, Southern New Hampshire University HEA 550: Higher Ed Law and Regulation Dr. Theresa Meeks November 21, 2023

2 Americans With Disabilities Act The Americans With Disabilities Act (ADA) was passed in 1990. It is a reinforcement of the 1973 Rehabilitation Act. This act was put into place to give those with disabilities the right to receive an equitable education. Those rights can be found in the ADA’s Title II and III, as well as Section 504 of the Rehabilitation Act. These laws explain how institutions of higher education are prevented from discriminating against those with disabilities. All scholars are to be included in any and all services provided by a university or college. It also speaks on the admissions process of students. No student is discriminated against because of a disability (Legal Brief, n.d.). Access and equity are key components of the ADA. All students have the right to attain a degree without prejudice. Legal and/or Regulatory Requirement The ADA was introduced in April 1988, by Senator Lowell Weicker and Representative Tony Coelho in the 100 th Congress. In 1989 it was revised and introduced by Senators Harkin and Durrenberger, Representatives Coelho and Fish to the 101 st Congress. The Senate passed the bill by an almost unanimous vote of 76 to 8. In 1990 it passed the House and was signed into law by then President George H.W. Bush. Title II and Title III regulations were then issued by the United States Department of Justice (Timeline, 2023). As stated above the ADA was put into place to assure those with any type of disability, the ease of access and equity to an education. The law dictates that any citizen, no matter their abilities be afforded the same opportunities and rights as those without. Institutions of higher learning must keep students informed of what their responsibilities are, as well as their rights. Students must be kept abreast of where they can receive support on campus, how to request their accommodations, and offer that student the necessary accommodations, free of charge. Professors need to honor such accommodations and make it a point to adjust their teaching

3 methods to aid in the scholars' learning (Transitions, n.d.). Students must be mindful of speaking with someone in the Disability Office, to make sure that they are receiving the proper accommodations. They are responsible for submitting them to their professors at the start of the semester so that their accommodations take effect immediately. While they both must abide by and adhere to the ADA, the application of the act can differ between public and private institutions. Public universities or colleges are covered under Title II and private schools are covered under Title III. If these institutions receive any type of federal funding, they are, under Section 504, to provide accessibility to all who are classified as having a disability. Such accessibility includes access to buildings, modified test-taking time, and auxiliary aids (What are, 2023). Accessibility is not limited to just on-campus classrooms, it reaches those who are taking their courses strictly online. Stakeholder Goals and Motivations There is a long list of stakeholders when it comes to the ADA. That list does not include students, alone. It also includes the government, administration, and faculty/staff. These groups of individuals are impacted and/or involved with the ADA. Government offices are responsible for making sure that an institution follows the ADA. They are in charge of monitoring the ADA compliance of all universities and colleges. Faculty are essential stakeholders in terms of ADA. It is the faculty member who must implement the accommodation for those who have submitted such. Faculty should also collaborate with the Office of Disability Services, to ensure that accommodations are made in a timely fashion. Also have the ability to communicate to students, where and how they can receive accommodations (Faculty Rights, 2023). This can usually be found in the professor’s syllabus.

4 The Office of Disability Services (ODS) is another essential stakeholder. The majority of colleges and universities, nationwide house such an office. ODS is where a student will go to see if they are eligible for accommodations and if so, what those accommodations might be. Once that is in place, the ODS implements those accommodations with the necessary faculty members. They are responsible for keeping all documentation and conversations, secure, and confidential (How to Access, 2023). They are the first line of information for those who require assistance. I believe that the goals of the government, faculty, and administration/staff, are the same. That goal is to provide students with an inclusive and equitable education. Not only inside the classroom but the entire campus environment. The goal is to allow full access to all, no matter their disability. To offer a campus community that is accommodating and welcoming to everyone who attends. If not for Section 504 of the Rehabilitation Act, we may not have The Americans With Disabilities Act. Both were enacted to stop the discrimination faced by individuals with disabilities. It is through Title II and III that those rights have been implemented. Institutions of higher learning must follow these laws, ensuring the civil rights of their stakeholders. An equitable and inclusive education must be offered to all who apply. The Department of Justice (DOJ) is the governing body that must oversee that such compliance is adhered to. Faculty, administration, and staff are also responsible to their scholars. Making sure that all who attend the institution have the information they need in order to be more successful in their educational endeavors. With the enactment of the Americans with Disabilities Act (ADA), institutions of higher learning needed to act, making sure that they were complying with the law. Policies, procedures, and best practices needed to be put into place to ensure that there were services and support for those who

5 fall under these laws. Equal access for all scholars was paramount. The response by those institutions to the law varied according to the type of institution; public, private, two-year, and four-year schools. Institutional Responses Colleges and universities are obligated to follow the ADA. Universities, two-year schools, and vocational schools fall under Title II of the ADA, while private institutions are covered under Title III. If the institution is in receipt of federal funding they are required under Section 504 of the Rehabilitation Act to make certain that all programs are accessible to those who are classified with a disability. Institutions need to provide accessibility to all buildings, communication aids, and testing accommodations, as well as access for service animals. These types of accommodations should be modified specifically for each individual student and their needs (What are, n.d.). It is imperative that institutions abide by the ADA, offering students from all walks of life an equitable education. The first thing an institution should have is an Office of Disability Services. Here students can meet with staff who can then coordinate with them the accommodations and support they require to be successful. While accommodations in the classroom are necessary, there also needs to be easy access to all buildings on campus. Physical adjustments to building infrastructures should be made, allowing for students with disabilities easy access. Classrooms and residences should also be designed to offer easy accessibility for students. Educational materials also need to be available. Technology such as adaptive software and screen readers should be at the student’s fingertips. There are also accommodations that students need in order to take tests, such as extended time or scribes for those who need assistance writing or typing their notes (US Department, 2021).

6 Unfortunately, there are some challenges that institutions face when it pertains to ADA. One of those challenges is their faculty's understanding of those with disabilities. They lack the training to create a classroom environment that is inclusive and accessible to all of their students (Strayhorn, 2022). The lack of support from uneducated faculty and staff can hinder that student’s educational experience. Another challenge would be keeping up with the ever- changing technology. Institutions need to be kept abreast of programs and services, allowing students the chance to receive an equitable education. Access and equity for students is key. Without it how would they have the ability to be successful? Runde (2021) explains that “accessible digital resources help create an inclusive university because it allows all people, including those with disabilities, to fully participate independently… without experiencing barriers…” (p. 1). Institutional Areas Institutions of higher education are impacted by the ADA and they must be sure to implement best practices, campus-wide, to ensure equitable access for all students. Those areas are included under the Student and Academic Affairs offices, as well as the Finance and Administration office, which includes the Facilities and IT departments. However, individual institutions, such as liberal arts colleges, and online schools, need to implement specific access, based on the needs of their students. For universities that offer strictly online degrees, they need to make sure the course materials are accessible for those with a disability. Students who are eligible for such accommodations may need assistance in note-taking, graphic organizing, audio, or speech recognition. In order for these institutions to ensure not only the ease of access to the course

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help