Disability Support Services

The following are ten main principles summarizing the essential underlying aspects of the ADA as summarized by J. Trey Duffy, McBurney Disability Resource Center University of Wisconsin-Madison, 2004.

The ADA is a civil rights laws intended to provide equal access and opportunity for people with disabilities. It is not intended to eliminate discrimination.

Disability = Impairment + Substantial Limitation + Major Life Activity.  Determining impairments and major life activities is relatively straightforward. Measuring what constitutes a "substantial limitation" is the complex aspect of determining disability. Not everyone with an impairment is disabled; only those whose impairments rise to the level of "substantial limitation" are qualified as disabled.

Documentation of Disability. Students have an obligation to present documentation substantiating they have an impairment that is a substantial limitation to a major life activity. College can question the documentation if: a) Person is not an expert; b) Person is not treating the student; c) If only a diagnosis without supporting data; d) College can request additional information if documentation provided is incomplete; e) College does not have to take any action until student provides sufficient, appropriate documentation.

The individual must be otherwise qualified. In education this means the individual meets the academic and technical standards for admission or participation. However, if the qualification for attending a specific event, such as a lecture or performance, is having a ticket, then an individual with a disability possessing a ticket is qualified. The individual is not qualified is they are a danger to themselves or others. If you determine a student is not qualified you must prove the requirement is essential and you must apply this standard to all. If you say something is essential you must have a logical and rational basis. You should include necessary experts in assessment of what is "essential".

Institutions must provide reasonable accommodations to qualified individuals with disabilities. Reasonable accommodations are modifications to policies, practices or environments that allow an individual with a disability equal access or opportunity.

Institutions do not need to provide a reasonable accommodation if it fundamentally alters the nature of the program or activity. For example, a student, who because of their disability will miss several weeks of classes, asks for permission to work from home and not attend classes. This may be reasonable but the request can be denied if the instructor/college believes attending class is fundamental. Attendance may be fundamental in a foreign language class and not be fundamental in math (e.g. all the math assignments can be done at home and class participation may not be an essential requirement).

Students must self-identify, provide documentation of disability and request services and accommodations. Accommodations requested after the fact is not appropriate and generally need not be provided.

The institution can decide on the type of accommodation to be provided and need not always provide what is requested. The institution should consider specific requests and provide them whenever reasonable and feasible. The primary issue is that accommodations need to be "effective".

Only individuals who currently have a disability are entitled to accommodations. An individual with a "history" of a disability is protected from discrimination but is not disabled for the purposes of receiving services and accommodations. For example, an individual acquires the substantially limiting impairment of cancer. For two years,the student requests and receives a reduced course load, a campus disability parking permit, a notetaker when they are unable to attend classes and additional time on examinations (due to the effects of the chemotherapy). Three years after being diagnosed the student is fully recovered. The student no longer is disabled. However, they are protected against discrimination related to their prior history of having cancer. For example, it would be discriminatory if a graduate program took the cancer into consideration for admission purposes.

Responsibilities of the College. College must provide documentation standards to student. The standards must be clear and understandable. If documentation presented is not sufficient, you must clearly explain what is lacking and what you need. Make sure someone is available to answer the health care professionals questions. If you deny accommodations based on the documentation, explain in writing your basis for the denial and provide information on the appeal process.

There are many principles underlying the ADA, these are but a few of the basic, fundamental guidelines.

Definition of Disability: An individual with a disability is a person who Has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such an impairment, or is regarded as having such an impairment.

Definition of Reasonable Accommodation: A covered entity (i.e. college) must provide auxiliary aids and services and/or make reasonable modifications in its policies, practices, and procedures in order to accommodate individuals with disabilities. A modification is not required if it would "fundamentally alter" the purpose or intent of the program or activity.