1. Presented by:
Amy Benya and Seth Larsen

2. I. Authority
A. Section 504 of the Rehabilitation Act of 1973
B. Americans with Disabilities Act (as amended)
C. 2008 Amendment
II. College/University Duties
A. Notice of Services
B. Providing Accommodations
C. Confidentiality
III. Student Duties
A. Requesting Accommodations
B. Documentation
C. Student Rights & Responsibilities
IV. Emerging Issues
A. Web Accessibility
B. Service Animals
C. Power Driven Mobility Devices
Presentation Overview

3. I. Authority

4. A. Section 504 of the
Rehabilitation Act of 1973
Title 29 US Code 794
• Prohibits all programs or activities receiving federal financial
assistance from excluding or discriminating against disabled
individuals who are otherwise qualified to participate in those
programs or activities.
• Section 504 is enforced by the Office for Civil Rights (OCR).

5. B. Americans with
Disabilities Act
42 U.S. Code § 12101
• The ADA is a piece of civil rights legislation that enacted a
comprehensive plan to eliminate discrimination against disabled
individuals.
• The ADA extends protections offered by Section 504, by covering
entities that are not funded by federal financial assistance. Title II of
the ADA prohibits all state and local governmental entities, including
public colleges and universities, from discriminating against people
with disabilities.
• The ADA is enforced by federal agencies, including the Department of
Justice, Department of Labor, and the Equal Employment Opportunity
Commission (“EEOC”).

6. C. ADA 2008
Amendments
• Signed into law by President George W. Bush on September 25, 2008, the ADAAA
was a response to a number of decisions by the Supreme Court that had interpreted
the original text of the ADA. Because members of the U.S. Congress viewed those
decisions as limiting the rights of persons with disabilities, the ADAAA explicitly
reversed those decisions. It also rejected portions of the regulations published by
the Equal Employment Opportunity Commission (EEOC) that interpret Title I (the
employment-related title) of the ADA. The ADAAA makes changes to the
definition of the term "disability," clarifying and broadening that definition—and
therefore the number and types of persons who are protected under the ADA and
other Federal disability nondiscrimination laws. It was designed to strike a balance
between employer and employee interests.
• The ADAAA requires that courts interpreting the ADA and other Federal disability
nondiscrimination laws focus on whether the covered entity has discriminated,
rather than whether the individual seeking the law's protection has an impairment
that fits within the technical definition of the term "disability." The Act retains the
ADA's basic definition of "disability" as an impairment that substantially limits
one or more major life activities; a record of such an impairment; or being
regarded as having such an impairment. However, it changes the way that the
statutory terms should be interpreted.

7. II. Institution’s Duties

8. A. Notice
• Institutions must apprise individuals of the protections
against discrimination assured them by the ADA.

9. B. Providing
Accommodations
• Section 504 and the Americans with Disabilities Act requires
institutions to provide reasonable accommodations for qualified
disabled persons.

10. Who is a
qualified individual?
• Qualified individuals with disabilities are
eligible to receive reasonable accommodations.
• A "qualified individual with a disability" is
an individual with a disability who, with or
without reasonable modifications to policies,
practices or procedures, the removal of
architectural, communication or transportation
barriers, or the provision of auxiliary aids and
services, meets the essential eligibility
requirements for the receipt of services or the
participation in programs or activities provided
by the institution.

11. What is a disability?
• A disability is any physical or mental impairment that substantially
limits a major life activity.
• Now includes individuals regarded as disabled or having a record of
being disabled.
• The salient question is if the impact of the condition for the
particular individual constitutes a disability.
28 CFR §36.104; 34 CFR 104.3.(j)(2)(i)

12. What is NOT
a disability?
• Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
• Compulsive gambling, kleptomania, or pyromania; or
• Psychoactive substance use disorders resulting from current illegal
use of drugs.
• A “transitory impairment” that lasts less than 6 months.
28 CFR §36.104, 42 USC §12102,
ADA Amendments Act of 2008, Section 3 (3)(B)

13. Recent Case Law on
“disability”
Tylicki v. St. Onge, 297 Fed. Appx 65, 38 NDLR 50 (2d Cir. 2008)
(The court upheld dismissal of the student’s lawsuit as it failed to
allege how former student’s mental impairment substantially limited
a major life activity)
Carten v. Kent State University, 78 Fed. Appx. 499, 27 NDLR ¶ 8
(6th Cir. 2003) (The court ruled that the student failed to establish that
he had a learning disability. He had no diagnosis and no history of
using accommodations in undergraduate program, despite receiving
therapies in high school)

14. Recent Case Law on
“disability”
Emerson v. North Idaho College, 106 LRP 66423 (D. Idaho 2006)
(The court ruled that a former student’s claim that nursing program
discriminated against her based on her hearing loss fails as student
did not have her hearing evaluated as recommended, explain why
such loss was not subject to mitigation and did not consult with
disability services until after her dismissal)
Brown v. University of Cincinnati, No. C-1-04-164, 105 LRP 23835
(S.D. Ohio, June 3, 2005) (A former student whose academic history
was stellar until medical school failed to establish that his reading
disorder and generalized anxiety disorder substantially limited his
ability to learn in comparison with most people in the general
population).

15. Recent Case Law on
“disability”
Steere v. George Washington University School of Medicine,
2007 WL 3230173 (D.C.Cir. Oct 23, 2007). In 2007, test
anxiety, personal struggles, lack of attention to detail, poor
studying habits, lack of motivation, poor health, and insufficient
time devoted to studying could explain poor performance but
were determined to NOT be a disability
- The cause was due to temporary circumstances rather
than a lifelong disability that has impaired, and continues
to impair, student’s ability to perform in academic
environments
- Prior to this, student had repeatedly excelled and was
quite able to succeed in the major life activity of
learning, including test taking in general.
- A mere diagnosis (ADHD) was not enough to establish a
disability
- Student must show the extent of the limitation in the
terms of their own experience

16. What is a Major
Life Activity?
• A major life activity can be nearly anything an ordinary person would do in their
daily life; however, it is not limited to only activities that are centrally important
to daily living.
• This includes, but is not limited to:
• Major life activities can also be operations of major bodily functions, including:
28 CFR §36.309; 34 CFR 104.3(j)(2)(ii)
- Caring for oneself
- Performing manual tasks
- Seeing
- Hearing
- Walking
- Lifting
- Bending
- Breathing
- Learning
- Concentrating
- Communicating
- Working
- Reading
- Eating
- Immune system
- Respiratory system
- Digestive system
- Reproductive system
- Neurological function
- Brain function
- Bowel function
- Bladder function

17. Mitigating Measures:
Forget about it!
• However, when evaluating whether a student is substantially limited in
their ability to engage in a major life activity, an institution of higher
learning may not take into account how the use of "mitigating measures"
might reduce the degree to which the impairment is limiting. A “mitigating
measure” is a device or practice that is used on their own to reduce or
eliminate the effects of the impairment. Examples of mitigating measures
include, but are not limited to:
– medication; medical supplies, equipment, or appliances; low-vision devices
(devices that magnify, enhance or otherwise augment a visual image, excluding
ordinary eyeglasses or contact lenses, prosthetics, including limbs and devices;
hearing aids and cochlear implants or other implantable hearing devices;
mobility devices; or oxygen therapy equipment and supplies;
– use of assistive technology;
– use of a job coach, personal assistants or service animals;
– surgical interventions (such as a tracheotomy or insulin pump);
– reasonable accommodations or auxiliary aids or services; or
– compensatory strategies (i.e., learned behavioral or adaptive neurological
modifications) to "work around" the impairment, such as taking extra time to
study to compensate for a learning disability

18. Mitigating Measures:
Eyeglass Exception
• The one exception to this rule is the use of
"ordinary eyeglasses or contact lenses." The
ADAAA expressly requires consideration of the
ameliorative effects of "ordinary eyeglasses or
contact lenses" when assessing whether
impairment substantially limits a major life
activity. This means that when determining
whether a person is substantially limited in the
major life activity of seeing, the person's vision
should be assessed in its corrected state when
using such eyeglasses or contact lenses.
• ADAA SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION (a)(4)(E)(i)

19. What is a
Reasonable Accommodation?
• An accommodation allows a qualified individual with a disability
to participate as fully as possible in a program or class or enjoy the
rights and privileges offered.
• An accommodation is reasonable if providing it would not
fundamentally alter the nature of the service, program, or activity,
or otherwise place an undue burden on the institution.

20. Considering
Reasonable Accommodations
• Disability
• History
• Experience
• Request
• Unique characteristics of
course/program/job
• Accommodations that would constitute a
fundamental alteration will not be
reasonable

21. Examples of
Reasonable Accommodations
• Note takers
• Tape recorders
• Transcription services
• Written materials
• Taped texts
• Adaptive equipment
• Readers
• Extended test time
• Alternative test location
• Interpreters
• Captioning
• Braille materials
• Large print

22. Accommodations
Likely to be granted
•Time and a half to double time on examinations
•Moderately reduced course loads
• Extra time to complete course loads to the extent
curricular continuity is not impaired
• Limited leaves of absence for medical treatment
and recovery
•Registration assistance
•Assistance in applying for financial aid
• Classroom modifications (preferential seating,
taping, and note-taking assistance)
• Structural modifications for handicap access
• Changing test formats
• Priority in parking for students with mobility
impairments and certain psychological
disabilities

23. Accommodations
Less Likely to be granted
• More than double time on examinations
•Long-term leaves of absence
•Course substitution or waiver
• Reduced participation and attendance in
classroom

24. Accommodations
Unlikely to be granted
•Unlimited time for examinations
•Unlimited time for degree completion
•Unlimited leaves of absence
•Permission to entirely avoid attendance
expectations applied to students in general
•Reassignment to another teacher
•Provision of examinations or instructional
services off-campus except when
generally provided to students
•Individualized instruction or tutoring
except when commonly provided to
students
•Restructuring of the curriculum to address
the student’s individual learning style

25. Accommodations that
will NOT be granted
Direct Threat to the Health or Safety of Others
• An accommodation is not reasonable if it poses a direct threat to the health or
safety of others. In order to establish a direct threat, the institution must be able
to document a substantial risk of significant harm. Concern about direct threat
arises most frequently in relation to allied health and professional programs in
which the student’s ability to provide safe and appropriate quality care is
questioned. It should be noted that the mere existence of a disability does not
provide evidence of direct threat. Nor does the possibility of a difficulty arising
constitute a substantial risk of significant harm. While an institution may be able to
make a case for “direct threat” in the instance of a deaf nurse or early childhood
education major with limited vision, it would be a hard argument to make for
these same students in an English or Philosophy class.
• It is important to note that under the ADA the direct threat must be to someone
else. The individual with a disability has a right to choose to assume the risk to self
in the same way that anyone else who participates chooses to assume that risk. A
blind individual could not be denied participation in a hiking class that covers
rough terrain because of a fear that he/she might trip and fall, but it might be
appropriate to deny participation to this individual in a scuba diving class in which
participants are paired up and responsible for monitoring each other’s safety
through the visual inspection of valves and gauges

26. Case by Case Consideration
• Never say never!
• “We never make exceptions” is almost certainly a
violation of the ADA.
• If it is a rule the institution made, then it might be
modified within reason.

27. Interactive Process is Key!
Hartnett v. Fielding Graduate Institute, 33 NDLR 130 (2nd Cir. 2006)
(The Second Circuit remanded the case to the lower court to determine
whether there was an “interactive process” for student
accommodations; a reasonable jury could conclude that institution
failed to engage in good faith with Ph.D. student diagnosed with
Lupus).
Mesabi Range Community and Technical College (MN), Case No.
05-04-2081, 30 NDLR ¶ 103 (OCR Region V 2005) (The Court
dismissed the claim that the college failed to accommodate student’s
emotional disorders, because the student failed to engage in
“interactive process” with disabilities services office).

29. Requests for
Auxiliary Aids
• In addition to accommodating student needs
physically, communications must be as effective to
students with disabilities as they are to students
without disabilities.
• If a qualified student with a disability requests an
auxiliary aid, the institution should furnish reasonable
accommodations for that student.
• Examples of auxiliary aids:
• Sign language interpreters
• Note takers
• Readers
• Braille / large print

30. Recent Case Law on
Auxiliary Aids
• 20+ years of case law and findings under 504 have
never allowed for institutions of higher education to
refuse providing auxiliary aids or services on the
basis of cost – find room in your budget or determine
another solution through interactive process!
Wells v. Lester E. Cox Medical Centers, 379
S.W.3d 919 (Mo.App.S.D. 2012) (There was
no evidence that providing a sign language
interpreter to student in nursing program would
fundamentally alter the program or pose a
threat to safety.)

31. Recent Case Law on
Auxiliary Aids
Wolff v. Beauty Basics, Inc., 2012 WL 3634433
(D.D.C. 2012) (A deaf prospective student requested a
sign language interpreter for classes, but was denied
due to the expense. The court refused to dismiss the
case.)
Bennett-Nelson v. La. Bd. of Regents, 431 F.3d 448
(5th Cir. La. 2005) (The court ruled against Louisiana
Tech University regarding two hearing impaired
students requests for reasonable accommodations.)
- These students both made formal requests for
interpreters, note takers, and study aids
- The university allegedly failed to timely or
consistently provide these accommodations to
the students

32. Recent Case Law on
Reasonable Accommodations
McInerney v. Rensselaer Polytechnic Inst., 2013 U.S. Dist., 2013 WL 5614263 (N.D.N.Y
Oct. 11, 2013) In 2013, the following was NOT a failure by the university to provide a
reasonable accommodation.
- A graduate student, who suffered permanent brain damage from a bacterial brain
infection, asked for periodic breaks to rest during the Doctoral Candidacy Exam.
- He was told that if he asked for breaks during the exam, he would get them.
- Student only asked for one break (which he received) and failed the exam.
- The student's conduct during the exam appeared normal and did not appear to the
examiners as though his disability was affecting him.
- Student’s failure to request additional breaks during the exam was the reason he was
not given additional breaks.

33. Recent Case Law on
Reasonable Accommodations
Frank v. University of Toledo, No. 06-1442, 108 LRP 1325
(N.D. Ohio 2007) (Ph.D. candidate who met with disability
office did not request specific testing accommodations prior to
comprehensive examination cannot claim a failure to
accommodate; for subsequent exams, the university reasonably
attempted to accommodate the student who either refused
proffered accommodations and/or did not follow proper
protocol)
Notre Dame University, Case No. 05-04-2079, 30 NDLR 102
(OCR Region V 2005) (University did not violate
ADA/Rehabilitation Act by failing to provide student with
extended time and quiet testing environment when he could not
establish that he ever requested same)

34. Recent Case Law on
Reasonable Accommodations
State University of New York at Potsdam; OCR Complaint No. 02-11-2062
In 2011, OCR determined that the institution violated 504
- A student requested a single dormitory room (rather than having a roommate) to
accommodate her disability
- College charged student the amount it would have charged a non-disabled student
who wanted to live alone for personal reasons
- Students requiring a “medical single” should not be charged at a higher rate than the
rate they would pay for their portion of a double room of the same type.

35. Recent Case Law on
Reasonable Accommodations
California State University, Los Angeles, Case No. 09-03-2197, 28 NDLR ¶ 302 (OCR
Region IX 2004) (OCR faulted university for permitting its faculty to override
accommodations agreed upon between the student and the disability services office: open
book or open note exams; and the campus lacked effective grievance procedure to resolve
disputes)
University of Illinois, 30 NDLR 104, Case No. 05-04-2078 (OCR Region V 2004) (OCR
faulted university for having student take test in stairway nook when disability services
office had approved a “reduced distraction” testing location)
Strahl v. Trustees of Purdue University, No. 07-61, 109 LRP 24433 (N.D. Ind. 2009) (The
university did not fail to reasonably accommodate student with Asperger’s Syndrome after
he had successfully completed two semesters in Spanish, granted a substitution by taking
French, but refused a second substitution after he was found to have cheated on an exam)
LaMarca v. Capella University, No. 05-00642 (C.D. Calif. 2007) (A student’s request for
unlimited time to complete assignments was not reasonable, particularly when student was
able to complete assignments within given time frame and obtained superior grades; and
eliminating several weeks of coursework and decreasing the number of assignments in
order to permit student to keep up with classmates was a substantial modification of the
program and not reasonable.

36. Recent DOJ
agreements
On September 16, 2010, the DOJ announced its first settlement agreement to
result from its efforts to address physical access to universities. This
agreement, with McNeese State University in Louisiana and the Board of
Supervisors of the Louisiana System, resulted from a compliance review that
began after the state attorney general’s office took the position – in private
ADA litigation against the campus – that it was not required to have an
accessible toilet room in its primary student union building.
Under the agreement, the university will:
•Bring all newly constructed facilities into compliance with the ADA
Standards;
•Develop and implement a campus wide Physical Access Plan to bring all
covered facilities into compliance with Title II of the ADA. The Physical Access
Plan will include specific remedial actions and time tables to ensure that the
university’s programs, services and activities afford program access by no
later than Sept. 1, 2016;
•Display information on its website about disability access and create and/or
update its campus-wide emergency evacuation, sheltering, and shelter-in-
place plans for individuals with disabilities; and
•Designate an ADA coordinator.

37. Recent DOJ
agreements
A 2010 agreement with Arizona State University ensures
accessibility of electronic book readers to individuals with
vision disabilities. DOJ and the Department of Education
issued a joint letter to colleges and universities in 2010
explaining that “requiring use of an emerging technology
in a classroom environment when the technology is
inaccessible to an entire population of individuals with
disabilities–individuals with visual disabilities–is
discrimination prohibited by the [ADA and section 504]
unless those individuals are provided accommodations or
modifications that permit them to receive all the
educational benefits provided by the technology in an
equally effective and equally integrated manner.” Letter
from DOJ and Department of Education

39. C. Confidentiality
• The institution is responsible for maintaining and collecting the records of
students seeking accommodations. These records are regarded as highly
confidential to not only protect a student from possible discrimination, but to
prevent release of their medical records.
• Disability information is a very sensitive issue, and it is shared on a need-to-know
basis, necessary only in order to a take a specific action
• Medical records kept for disability-related purposes are considered part of a
student’s educational record and therefore subject to FERPA and protected.
• Sharing of information in these files is restricted to consent by the student or for
providing services to the student. In rare instances, the information may be
disclosed to appropriate parties in health or safety emergencies.
20 U.S.C. § 1232g

40. III. Student Duties

41. A. Requesting
Accommodations
• Providing accommodations to students is not automatic as it is in
K-12.
• In order for a student to receive an accommodation they must
make a formal request and provide sufficient documentation.

42. Recent Case Law on
Requests for Accommodations
Aragona v. Berry, 2012 U.S. Dist. LEXIS 18443 (N.D. Tex. Feb. 14, 2012). In
2012, a Texas District Court dismissed all claims by a student who alleged that his
school of dentistry failed to provide him reasonable accommodations.
- This student made an informal request to work more closely with his Patient
Appointment Associate (similar to an advisor or counselor), a service already
provided to him that the school did not limit
- The court found that the student did not actually request a reasonable
accommodation for his disability because working more closely with his
PAA was a service already provided and it would not solve his academic
problems which far exceeded the organization and scheduling issues he
claimed.
Montclair State University, Case No. 02-06-2095, 107 LRP 40041 (OCR Region II
2007) (The student alleged that his professor had agreed to allow him to take an
independent study course as an accommodation, which the professor denied.
However, the OCR found that disability procedures do not permit students to
request accommodations directly from professors).

43. Recent Case Law on
Requests for Accommodations
• Cunningham v. Wichita State University, 2014 U.S. Dist. LEXIS
127868 (D. Kan. 2014). Plaintiff Stephen Cunningham claimed that
defendant Wichita State University (WSU) violated the Americans
with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act
by failing to accommodate his disability. Cunningham, who was
diagnosed with diabetes and ADD, was dismissed from the WSU
physician's assistant program after failing a re-administered neurology
exam. Due to an alleged hyperglycemic episode, Cunningham had
failed the exam the first time and was allowed to remain in the
program on the condition that he retake and pass the exam. The U.S
District Court for the District of Kansas concluded that WSU clearly
had knowledge of Cunningham's diabetes and his requested
accommodation when it re-administered the exam, as is required to
file a plausible claim under the ADA and Section 504. However,
Cunningham's suit rested not on any diabetic-related effects but rather
on his ADD, which he claims was triggered when WSU administered
his neurology retest in a professor's office located in a busy hallway.
Because Cunningham did not plead any facts showing that WSU
knew that he needed accommodation for his ADD, the Court held that
Cunningham failed to state a plausible claim for relief under either the
ADA or Section 504.
• Update: Appeal filed October 10, 2014 in 10th Court of Appeals by
Cunningham.

44. B. Documentation
• The rationale for seeking information about a student’s condition
is to support the institution in:
- establishing disability
- understanding how the disability may impact the student, and
- making informed decisions about accommodations.

45. Reasonable Documentation
• School may request a reasonable level of documentation
• School cannot create documentation processes that is burdensome or has the
effect of discouraging students from seeking protections and accommodations to
which they are entitled.
• Each individual’s situation should be reviewed on a case by case basis
• Institutions must inform students that their process and criteria for determining
accommodations may not be the same as practiced by others.

46. Recent Case Law on
Documentation
Millington v. Temple Univ. Sch. of Dentistry, 261 Fed. Appx. 363 (3d
Cir. Pa. 2008). The Court held that a student failed to prove a disability
that substantially limits a major life activity because she did not provide
proper documentation thus barring her claim against her dentistry
school. The students sworn assertion that she suffered from a
condition was not enough to support a disability claim
Notre Dame University, Case No. 05-04-2079, 30 NDLR 102 (OCR
Region V 2005) (University justified in refusing to provide
accommodations until student provided sufficient documentation;
therapist’s note received two days before end of classes that she was
treating student for anxiety and he should receive extended time in
quiet area held insufficient)

47. C. Student Rights &
Responsibilities
• Students with disabilities have a right to equally participate in and
benefit from services, programs, or activities offered at an
institution.
• An institution generally has no duty to provide an accommodation
to an individual who has not asked for an accommodation and
provided sufficient support for the disability. The student should
participate in the search for accommodations.

48. C. Student Rights &
Responsibilities
If a school refuses to provide a student with the accommodations that
a student needs or otherwise discriminates against a student because of
their disability, the student can do any or all of the following:
• File an internal grievance/appeal with the school;
• File a complaint with the Office for Civil Rights of the U.S.
• Department of Education (OCR) or the U.S. Department of Justice
• (DOJ);
• • Try to resolve things informally through private mediation; and/or
• • File a lawsuit

49. Quiz on
Reasonable Accommodations
Should your institution…
1. Allow a student with a disability to tape record
lectures?
2. Allow course substitutions for pre-requisite courses?
3. Have an instructor face the class when lecturing?
4. Allow a student to have extended time for tests?
5. Permit a student to sit in the front of a classroom
with assigned seats?
6. Counsel a student with a disability toward an easier
career path?
7. Not assess penalties for spelling errors on papers or
exams?
8. Include student’s mother in communications due to
her child’s disability?

50. Quiz Answers
1. Allow a student with a disability to tape record lectures?
Depends on disability, but probably yes.
2. Allow course substitutions for pre-requisite courses?
Yes only if it does not result in a substantial change to an essential element of
the school’s curriculum.
3. Have an instructor face the class when lecturing?
Yes.
4. Allow a student to have extended time for tests?
Yes.
5. Permit a student to sit in the front of a classroom with assigned seats? Yes.
6. Counsel a student with a disability toward an easier career path?
No. 34 CFR 104.47(b)
7. Not assess penalties for spelling errors on papers or exams?
Depends on the disability, but probably yes.
8. Include student’s parent or guardian in communications due to their child’s
disability?
Depends on the disability and age of child, but possibly.

51. IV. Emerging Issues

52. A. Web Accessibility
• Per Texas Government Code §2054.45, and the
ADA, Texas institutions must ensure that
websites are accessible to people with
disabilities.
• The only exception to requiring accommodation
of websites is if accessibility would be
significantly difficult or expensive, but the
agency should provide individuals with
disabilities an alternate method of accessing the
resources.

53. A. Web Accessibility
• ALT Tags are invisible descriptions of images which are read aloud to blind
users on a screen reader. Adding ALT text allows authors to include images,
but still provide the content in an alternative text based format. If no ALT
tags are provided, then a screen reader would only be able to say "IMAGE"
or perhaps provide a file name.

54. A. Web Accessibility
• Ensure that all new and modified web pages and content are
accessible:
• Check the HTML of all new web pages. Make sure that accessible
elements are used, including alt tags, long descriptions, and captions,
as needed.
• If images are used, including photos, graphics, scanned images, or
image maps, make sure to include alt tags and/or long descriptions for
each.
• If you use online forms and tables, make those elements accessible.
• When posting documents on the website, always provide them in
HTML or a text-based format (even if you are also providing them in
another format, such as Portable Document Format (PDF)).

55. A. Web Accessibility

56. A. Web
Accessibility
DOJ and Louisiana Tech University settlement. The settlement resolves allegations that
the University violated the ADA by using a version of an online learning product that
was inaccessible to a blind student. The student’s lack of access to the course
materials persisted nearly one month into the University quarter, at which point the
student was so far behind in his coursework that he felt compelled to withdraw from
the course. The settlement also resolves allegations that in a subsequent course, the
same student was not provided accessible course materials for in-class discussion or
exam preparation in a timely manner.
Under the settlement agreement, the university will adopt a number of disability-
related policies, including the requirement to deploy learning technology, web pages
and course content that is accessible in accordance with the Web Content Accessibility
Guidelines (WCAG) 2.0 Level AA standard in the university setting. The university will
also make existing web pages and materials created since 2010 accessible. The
agreement also requires the university to train its instructors and administrators on
the requirements of the ADA, and secured a total of $23,543 in damages for the
student from the university and the Board.

57. B. Service
Animals
• The ADA provides some guidance on requiring service animals to
be allowed on campus.
• Service Animals are “any guide dog, signal dog, or other animal
individually trained to do work or perform tasks for the benefit of
an individual with a disability, including but not limited to, guiding
individuals with impaired vision, alerting individuals with impaired
hearing to intruders or sounds, providing minimal protection or
rescue work, pulling a wheel chair or, fetching dropped items.”
• This means:
- Any animal, not just dogs, that are capable of assisting a
disabled person
- Animals solely for emotional support or comfort do not qualify
- Animals do not have to be certified, just properly trained
42 USCS §12182; 28 CFR 36.302(c)(1); 28 CFR 35.130(b)(7)

58. C. Power Driven
Mobility Devices
• The ADA requires an entity to make reasonable modifications to allow
individuals with mobility disabilities to use their power driven mobility
devices.
• These devices are not limited to wheel chairs and have included segways,
golf carts, ATV’s and other locomotion devices that are specifically
designed for individuals with disabilities.
• The use of these devices can be limited by showing that it is not
reasonable to use the device or it will result in a fundamental alteration of
the public entity’s service, program or activity.
28 CFR 35.137;28 CFR 36.311

59. How Can You Help?
• You can focus on helping them achieve their
goals while fostering student development
and independence.
• You can advise them as students first, as
students with disabilities second.
• The student’s responsibility is to let you
know if their disability impacts on the advice
you give.

60. Keys to Avoiding
Investigations/Lawsuits
• Make sure policies and procedures are in place,
easily accessible and understood by disability
personnel and faculty.
• Does your policy state the process for requesting
accommodations?
• Is there a clear process for disputes?
• Follow policies and procedures! Document justification
for any deviations.
• Accommodation Award letters must be clear and
specific. Err on the side of specificity. Have the
counselor, student and faculty member sign.
• Ensure your disability services office(s) is clearly
marked and easy to locate.

61. Keys to Avoiding
Investigations/Lawsuits
• Take complaints seriously. Investigate timely
and follow policy.
• Engage in an “interactive discussion”.
• If an accommodation is not reasonable,
discuss alternatives.
• Communications should also be
“accommodating”.
• Respond timely!
• Follow-up in writing when possible.
• Document! Document! Document!
• Involve your legal department/administrators
early.

62. OCR Investigation
Process
• Respond timely.
• Interview all individuals.
• Gather all documents.
• Obtain signed affidavits (if necessary).
• Remain courteous (help them remain
neutral).
• Provide a written response addressing all
issues so there is no reason for them to
investigate further.
• If you have a weak defense, a conciliation
agreement is not a bad thing.
• Conciliation agreements are negotiable.

63. Remember
• Many counseling issues brought to you
by students with disabilities will be
college issues not disability issues.
• Hopefully, students should be able to
consider their disability a piece of who
they are rather than the primary
component of their identity.

64. Contact Information
• Amy Benya, Senior
Assistant General
Counsel
• Amy.benya@lonestar.edu
• Seth Larsen, Assistant
General Counsel
• Seth.b.larsen@lonestar.edu