Issues Facing College Students with Disabilities by Yvonne McKinley https://padlet.com/ymckinley/dgtp4nftkk2 Legal issues facing college students and universities today. en-us 2019-09-30 13:42:12 UTC 2026-01-28 20:57:59 UTC hello@padlet.com https://padlet.pics/1/image?t=g_auto&url=https%3A%2F%2Fpadlet.net%2Ficons%2Fpng%2F267f.png I spoke with Dani Thiel, MSW Coordinator – Students with Disabilities Services (SDS) University of South Florida (USF) Tampa, FL 33620. ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/392585885 As a future academic advisor for students with disabilities, this legal guide is important in explaining the federal, state, and local laws that will protect students seeking a post secondary education. Changes to these laws will impact the way I serve these students so, for this reason, I must stay up to date. Following these laws ensures the student receives the opportunity to learn in an environment free from discrimination. This means they will have the same opportunities to gain a quality education and be successful like their peers. 
How do legal issues impact your work?
Ms. Thiel explained that USF upholds the ADA and 504 to ensure students with disabilities receive the appropriate academic accommodations that are necessary for their success. She further explained the university as a whole can have legal actions brought against it as a result of not properly accommodating a student's disability. In Ms. Thiel's work, and mine as well, there are a series of best practices to follow. The following are three best practices Ms. Thiel uses when assessing her incoming students:
1. Make no assumptions about a student's disability.
2. See the student as a student first and not defined by a disability.
3. Every student may need some form of accommodations, ensure they are treated equally and served according to their legal rights under the law.
Are there legal requirements or compliance issues you regularly monitor or have to be attentive to in your work?
Ms. Thiel stated USF's policies and work are informed by the Association of Higher Education and Disability (AHEAD), which keeps up with best practices and current rulings by the Office of Civil Rights (OCR). She explained that the way OCR rules on accommodation complaints is an ever-evolving process and USF student affairs personnel must  look to these rulings to make sure they are in compliance and are doing the best they can for their students and the university as a whole. 
Are there any university policies or rules you have currently written or revised related to this issue?
Demonstrating her knowledge of university policies, Ms. Thiel explained that USF has relaxed their documentation policies to align with the Office of Civil Rights and AHEAD’s guidelines. This means the university takes a student’s self-report very seriously and is more flexible regarding the kinds and date of documentation they will accept. USF works with what students have and provides them with information and resources about gathering more suitable documentation. For students with very weak documentation, USF exercises the option to give them “provisional” accommodations; the university will not deny a student outright. This is evident in the new policy language from “students must have x and y” to “USF requests students have x and y.” 
She went on to further explain the college will not say "no" to any request without going through what is called the “Interactive Process.” This process states the university will take the request into account and consider how necessary it is to that individual. This is different from the old method of focusing more on reasonable rather than necessary. USF will assist students in exploring all options that the student may have.
Is there current pending legislation or emerging issues related to students with disabilities and do these court cases and decisions impact the work of SDS?
While legislation is constantly changing in the federal arena, Ms. Thiel explained on the university levels she is always aware of  pending lawsuits regarding web accessibility and online classes for those who are blind and using screen-reading software.There are also many lawsuits regarding students with learning disabilities and online learning programs. With the increasing opportunity for students to take classes and earn degrees online, the outcomes of these lawsuits are important to monitor. Any new legal decisions will impact what SDS and others in Student Affairs will do to serve students with disabilities. Mrs. Thiel reinforces the fact that USF aligns their policies with these rulings and those of OCR to ensure their students are best accommodated and that their policies match with those promoted by AHEAD. While USF strives to stay ahead of the legal game, more often than not, they spend time reacting to new rulings and restructured policies. 
(D. Thiel, personal interview, Sept. 23, 2019)

Office of Student Disability Services, University of South Florida

]]> 2019-10-02 16:58:26 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/392585885 National Center for College Students with Disabilities (NCCSD) ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/392799629 Technology-accessibility resources head to Texas agencies, universities. 
https://statescoop.com/accessible-technology-training-heads-texas-agencies-universities/

In response to the many lawsuits alleging violation of disability rights regarding web accessibility and online learning, Texas universities will be gaining new resources to assist with correcting an identified issue. These universities, and those across the nation, are required to ensure the technology they implement allows all persons with disabilities the access and ability to use all form of the digital technology. This new technology can be used by students with disabilities in all areas such as hearing, vision, mobility, and cognition. 

DREAM Weekly News in Disability and Higher Education. (n.d.). Retrieved from https://www.dreamcollegedisability.org/this-weeks-news-in-disability-and-higher-education.
]]> 2019-10-03 01:32:03 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/392799629 University settles lawsuit filed by disabled student. ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/392815168 https://accessology.com/university-settles-lawsuit-filed-by-disabled-student/

This article highlights a growing situation with colleges nationwide with issues providing accessible educational materials to students with visual disabilities. A Miami Ohio University student filed a claim against her university stating they violated Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 by failing to provide her with the necessary modifications to allow her to complete her coursework. According to the lawsuit the college also denied her adequate tools and equipment to succeed in the classroom. In response to the case the Justice Department ruled the college did violate Title II of the Americans with Disabilities Act (ADA) "by requiring current and former students with disabilities to use inaccessible websites and learning management system software, and by providing these students with inaccessible course materials" (Welch, 2018).
This case and those like it highlight the current state of issues students with disabilities are facing with colleges that fail to provide accessibility:
1.  College online programs are under scrutiny due to the lack of accessibility they provide to students with both vision disabilities and learning challenges. 
2. Both online programs, college websites, and materials assigned as part of classroom instruction are under fire for their lack of accessibility to the students with visual disabilities. 
This article, and those like it, are highlighting a growing issue students with disabilities are facing in attempting to earn a college degree. 

University settles lawsuit filed by disabled student. (2019, March 7). Retrieved from https://accessology.com/university-settles-lawsuit-filed-by-disabled-student/. ]]> 2019-10-03 02:54:13 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/392815168 Where’s the Outrage When Colleges Discriminate Against Students With Disabilities? ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/392833308 https://www.chronicle.com/article/Where-s-the-Outrage-When/231799

While many colleges pride themselves on accommodating students from all populations, one population lacking across the board are students with disabilities. Even with the Americans with Disabilities Act guaranteeing disabled students the right to a college education free from discrimination, colleges have been reluctant to move forward. While such issues as making campuses accessible are slowly being addressed, other areas allowing for accommodations are nonexistent. Colleges are being particularly resistant in providing accommodations for students with mental disabilities and learning challenges in particular. These colleges are reluctant to provide accommodations to these students as many come in the form of such things as alternate methods of testing, additional time on tests, etc. While colleges continue to tout their acceptance and discrimination free policies for blacks, hispanics, all religions, and those in the LGBTQ community, they still fail to mention those with disabilities. 
Even with the backing of federal laws such as the ADA and Section 504 colleges are still dropping the ball on accessibility for students with disabilities (Davis, 2015).
1. Colleges must improve accessibility for students with mental disabilities and learning challenges by adapting programs to meet these students needs.
2. Just as colleges have seen to the needs of their non-traditional student populations such as those in the LGBTQ community, veterans, first time in college, and minorities, students with disabilities must have priority as well. 

Davis, L. J. (2015, July 23). Where's the Outrage When Colleges Discriminate Against Students With Disabilities? Retrieved from https://www.chronicle.com/article/Where-s-the-Outrage-When/231799.  ]]> 2019-10-03 05:06:32 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/392833308 Section 504 of the Rehabilitation Act, Pub. L. No. 93-112, 87 Stat. 394--Statutory Law ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393049663 https://legcounsel.house.gov/Comps/Rehabilitation%20Act%20Of%201973.pdf
  •  Federal law that guarantees certain rights to people with disabilities. 
  •  Section 504 was one of the first U.S. federal civil rights laws offering protection for people with disabilities. 
  • State schools that receive federal funding must provide eligible children with disabilities an equal opportunity to participate in all academic and non-academic services the school offers (U.S. Department of Labor, n.d.).

Section 504, Rehabilitation Act of 1973. (0AD). Retrieved from
https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973.



]]> 2019-10-03 14:36:24 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393049663 Americans with Disabilities Act of 1990, Pub. L. No. 101-336, § 2, 104 Stat. 328 (1991)--Statutory Law ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393056659 https://www.ada.gov/pubs/adastatute08.htm
  • Law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public (ADA, n.d.). 
  • The purpose of the law is to ensure that people with disabilities have the same rights and opportunities as everyone else. 
  • The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion (ADA, n.d.).
  •  It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications (ADA, n.d.).

(n.d.). Retrieved from https://www.ada.gov/pubs/adastatute08.htm.



]]> 2019-10-03 14:46:10 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393056659 Southeastern Community College v. Davis, 442 U.S. 397 (1979)--Judicial law ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393063879 https://www.loc.gov/item/usrep442397/
  • A United States Supreme Court case from 1979. Davis was a hearing-impaired student who, after being denied access to the school's nursing department, filed a lawsuit against them claiming injustice to the Fourteenth Amendment and to Section 504 of the Rehabilitation Act. 
  • The Supreme Court ruled against Davis stating that hearing was a crucial part of a nurse’s daily work and that the accommodations needed were far more than what Section 504 outlines (Powell, 1978).
  •  This ruling clearly defined the parts of Section 504 and what it can and cannot cover in relation to individuals with disabilities and the services schools must provide to them (Library of Congress, 1978).

Powell, L. F. & Supreme Court of The United States. (1978) U.S. Reports: Southeastern
Community College v. Davis, 442 U.S. 397. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep442397/.

]]> 2019-10-03 14:56:10 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393063879 Pushkin v. Regents of University of Colorado, 504 F. Supp. 1292 (D. Colo. 1981)--Judicial Law ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393102455 https://casetext.com/case/pushkin-v-regents-of-university-of-colorado-2
  • Dr. Pushkin, a medical doctor with multiple sclerosis, was denied admission to a psychiatry residency program solely on the basis of his disability. 
  • Dr. Pushkin sued and the district court ordered he be admitted to the residency program. 
  • This ruling reinforced Section 504 that provides equal opportunity for eligible students to participate in the academic and non-academic programs schools have to offer (United States Court of Appeals, 1981).  
Pushkin v. Regents of University of Colorado, 504 F. Supp. 1292 (D. Colo. 1981). (0AD).
Retrieved from https://law.justia.com/cases/federal/district-courts/FSupp/504/1292/2154224/.

]]> 2019-10-03 15:46:23 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393102455 Principles of Professional Conduct for the Education Profession in Florida ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393126264 Rule 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida.

http://www.fldoe.org/teaching/professional-practices/code-of-ethics-principles-of-professio.stml
7. Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination (FLDOE, 2016). 

This code of professional conduct relates to my position working with students with disabilities as it is my job to ensure the appropriate needs and accommodations these students require are met. In my position I must attempt to guarantee, to the best of my ability, that these students with disabilities are protected from harassment and discrimination in the college setting. 

Principles of Professional Conduct for the Education Profession in Florida. (n.d.). Retrieved from http://www.fldoe.org/teaching/professional-practices/code-of-ethics-principles-of-professio.stml. ]]> 2019-10-03 16:19:44 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393126264 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5033508/ ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393156368 The University Experiences of Students with Learning Disabilities
This journal study highlights the difficulties faced by just one of the many types of students with disabilities on college campuses today. Discussed are the struggles these students face early on and throughout their post-secondary educational careers. Future directions colleges and student affairs professionals can take to improve the college experience for this student population is discussed as a conclusion to this study.  

McGregor, K. K., Langenfeld, N., Van Horne, S., Oleson, J., Anson, M., & Jacobson, W. (2016, May). The University Experiences of Students with Learning Disabilities. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5033508/.]]> 2019-10-03 17:02:05 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393156368 Professional Perspective ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393198443 My professional perspective comes from my years as a special educator working in the middle to high school classroom settings in various TX. school districts. This Legal Guide Padlet is a resource guide for all students with disabilities entering post-secondary education and the student affairs professionals in place to serve them. This guide will assist in the understanding of the legal responsibility educational institutions have in meeting the needs of students with disabilities. While many federal and state laws exist to protect both parties, the majority are written to allow students with disabilities the same opportunities for an education free of discrimination and offering the same equal opportunities provided to every student. The two primary laws institutions must follow are Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (504). These statutory laws are similar as they both guarantee certain rights and opportunities to persons with disabilities.


]]> 2019-10-03 18:01:27 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393198443 USF Policy/Rules ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393216375 https://www.usf.edu/student-affairs/student-disabilities-services/documents/sds-admission-brochure-2017.pdf

For students with disabilities, the University of South Florida follows the guidelines and laws of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. USF also follows the guidelines and leads of the Office of Civil Rights (OCR) and the Association on Higher Education and Disability (AHEAD). USF keeps up with best practices and current rulings by both OCR and AHEAD. Rulings on accommodations and complaints is an ever-evolving process and USF must look to these rulings to ensure they are in compliance and  providing the best services for their students as well as the university (USF, n.d).. 
 
University of South Florida. (n.d.). Accommodations. Retrieved from https://www.usf.edu/student-affairs/student-disabilities-services/accommodations/.

]]> 2019-10-03 18:24:15 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393216375 Best Practices ymckinley https://padlet.com/ymckinley/dgtp4nftkk2/wish/393292162 Serving the non-traditional students with disabilities population means ensuring that all aspects of student life are accessible. While there are many recommendations and best practice methods available, here are some used for the population of college students with disabilities. 

1.  Establish clear goals--establish clear goals about what the student's needs and expectations are and clear goals about what is expected of the student and what the student expects from the university. 
2. Establish a rapport with the student based on understanding.
3.Talk to the student not at the student. Ask them to define their disability and explain what services they feel would benefit them best. 
4.Understand all rules and laws regarding protecting a student's confidentiality. 
5. Collaborate with faculty and staff regarding program requirements and reasonable accommodations.
6. Collaborate with other student affairs organizations to ensure understanding of current laws and legislation related to serving students with disabilities.  

]]> 2019-10-03 20:49:01 UTC https://padlet.com/ymckinley/dgtp4nftkk2/wish/393292162