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The topic for this Legal Guide is Accommodations for Students with Disabilities in Online Learning. Specifically in the field of higher education, it appears that with the current climate many things took a hit, including disability accommodation. The professional perspective is even more near to my heart in this season as it is usually. The audience for this legal guide would be educators and administrators within higher education that pursue online learning as an option at their institutions.

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Within the world of online learning, schools often forget the accommodations they should make, or need to make, to make sure every student can access them. Given the current climate of schooling with the COVID-19 pandemic, many schools saw this struggle first hand and had to quickly correct it on the fly. Not just now, but always, schools that include an online aspect of their courses or classes need to provide accommodations for disabled students.

COVID-19 has brought a much needed debate to light. How do we as institutions in higher education accommodate ALL students to provide them the best online learning experience possible. It will be interesting to see where this plays out and how schools change the way they do online learning in the future after the wake of the pandemic.

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This interview presented by the link shows a candid account of how schools should respond to online learning and remote learning for student with learning disabilities specifically. Although it only talks about learning disabilities, I feel the information within it can be utilized across all disciplines.
Remote Learning And College Students with Learning Disabilities. (2020, March 16). Retrieved May 06, 2020, from https://ldaamerica.org/remote-learning-and-college-students-with-learning-disabilities/
https://ldaamerica.org/remote-learning-and-college-students-with-learning-disabilities/

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This Inside Higher Education article discusses how schools have been forced into creating accommodation with the current state of online and remote learning. Some key points are:
- Remote learning has caused a quick crisis in many institutions to accommodate students with disabilities
- Many schools are realizing they have been behind in keeping up with accommodations
- Accommodating students with disabilities should not need a crisis to allow for schools to do so
- In an effort to make the most of online learning, many institutions have left students with disabilities behind, causing mass panic and great anxiety
Anderson, G. (2020, April 06). Remote learning shift leaves students with disabilities behind. Retrieved May 06, 2020, from https://www.insidehighered.com/news/2020/04/06/remote-learning-shift-leaves-students-disabilities-behind

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This article discusses ways to assist Students with disabilities (SWD) specifically for professors and teachers in higher education. The list is as follows:
- Engage students with surveys, polls, and quizzes
- Use the discussion board as more than a space to share opinions
- Ask students to identify an online resource that would be helpful and relevant to the class...and utilize it!
Mintz, S. (2020, April 2). Rethinking Your Assignments for Online Learning: Inside Higher Ed. Retrieved May 06, 2020, from https://www.insidehighered.com/blogs/higher-ed-gamma/rethinking-your-assignments-online-learning

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Slide 6: Americans with Disabilities Act

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Slide 6: Americans with Disabilities Act

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One of the most important laws regarding this topic is the Americans with Disabilities Act passed in 1990 and amended in 2008. By this act, any public institution (whether privately owned or not), including colleges and universities, cannot discriminate based on disability (physical, mental, or learning) and must provide accommodations in compliance with this act. The two title numbers related to institutions of higher education are Title II (for public schools) and Title III (for private schools).

Link: https://www.ada.gov/pubs/adastatute08.htm#12132

Source of Law: Statutory

Citation: The Americans with Disabilities Act, 42 U.S.C. § 12101.

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Slide 7: Section 504 of the Rehabilitation Act

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Slide 7: Section 504 of the Rehabilitation Act

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Also important to the cause is section 504 of the Rehabilitation Act of 1973. By this act, as not covered by the ADA, institutions receiving federal funding (including those owned or operated by a religious entity) cannot discriminate based on disability and are required to provide accommodations for said students.

Link: https://www2.ed.gov/policy/speced/leg/rehab/rehabilitation-act-of-1973-amended-by-wioa.pdf

Source of Law: Statutory

Citation: The Rehabilitation Act, 29 U.S.C. § 701.

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The California Civil Code Section 54 has paved a way for other states to add on to the protection given to students with disabilities. The important thing about this code is it is the first of its kind to cover distance and online learning for students attending any California institution (public or private) in this manner.

Link: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=54.&lawCode=CIV

Source of Law: Statutory (state)

Citation: Cal. Civil Code § 54, 2000.

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The case Guckenberger v. Boston University is one that does not discuss online learning specifically, but could be used as a reference for the times now. Essentially, BU was no longer providing course substitutions for foreign language requirements for students with learning disabilities. The court decided that if BU could establish by a "deliberative process" that by replacing the FL requirement the school lowered academic standards or substantially altered the field of study, it was okay to deny this substitution. As we see now in Higher Education, many students are Pass/Failing courses and trying to obtain credit still. This court case will be important to see how schools handle allowing GPA and degree plan credit for substitute courses and P/F courses for students with disabilities that had to in order to salvage their GPA.
Link: https://law.justia.com/cases/federal/district-courts/FSupp2/8/82/2576641/
Source of Law: Judiciary
Citation:

Guckenberger v. Boston University, 974 F. Supp. 106 (D. Mass. 1997)

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At UT Austin, the Student Handbook for Students with Disabilities outlines all accommodations students with disabilities can obtain at the university. Of specific interest is the online learning section. This section describes that students with disabilities shall be granted all access and accommodation as they would in person through online learning and if they are not given it to make a complaint through the Services for Students with Disabilities office.
Link:https://diversity.utexas.edu/disability/wp-content/uploads/2019/06/SSD-Student-Handbook-2019.pdf
Citation: The University of Texas at Austin SSD Student Handbook, (2020). Retrieve May 4, 2020 from: https://diversity.utexas.edu/disability/wp-content/uploads/2019/06/SSD-Student-Handbook-2019.pdf

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Since I am a part of the American College Personnel Association, there is a code of ethics we (as student affairs professionals) strive to meet. One of those ethics is a responsibility to student learning and development. This is relevant to this topic because this should include all students, regardless of gender, race, sex, disability, etc. This should mean that we as student affairs professionals stand up when we see these rights in the above laws being violated or treated as less than in order to uphold student learning and development.
Link: https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf
Citation: Code 2 of ACPA Ethical Principles and Standards (2020). Retrieved on May 6, 2020 from: https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

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The NASPA eBook Beyond the Americans with Disabilities Act provides information on how to better accommodate students within a multisource learning environment. It would be useful to reference and look at in terms of how to approach accommodation and how to be of better assistance to those that need it.
Link to purchase: https://naspa.org/book/beyond-the-americans-with-disabilities-act
Citation: Lipsitz, Neal E, and Parks, Kaela, and Vance, Mary Lee. (2014). Beyond the Americans with Disabilities Act. Washington D.C.: NASPA.

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These are some recommendations for best practices:
- Be aware of your institutions policy regarding students with disabilities
- Know the law and how to notice when it is not being upheld
- Always ask students with disabilities what you can do to make their time at college easier and as limit free as possible
- Make sure your practices and accommodations meet standards as informed by school policy and ADA
- Stand up for students with disabilities and speak out when you see incomplete or lack of accommodation
- Allow a safe space for students with disabilities to be heard and speak out