The Covid-19 pandemic created significant barriers for students when accessing mental health services. According to Anderson (2020), mental health professionals saw a significant rise in mental health concerns among college students. There is continued concern of provider capacity and needing additional support to serve students and other individuals experiencing mental health challenges. This brings into question how campus disability resource centers serve students, especially those experiencing mental health challenges but do not have documentation to support their accommodation request?

 

This legal guide will cover the laws, ethical standards, and best practices when advocating for and supporting students with disabilities. Furthermore, this guide will discuss several current events in media and professional perspectives from the UW Tacoma Associate Director of Disability Resources for Students, Victor Flores.  

 

The intended audience of this guide includes higher education professionals, including faculty, student affairs staff, and academic affairs staff. While many of the resources are presented with relevance to the University of Washington tri-campus system, the information is relevant to all higher education institutions in the United States. It can be reviewed to understand the law better or adapted for individual use at specific institutions. 

 

References: 

Anderson, G. (2020, September 11). Mental health needs rise with pandemic. Inside Higher Ed. https://www.insidehighered.com/news/2020/09/11/students-great-need-mental-health-support-during-pandemic

 

Several best practices for supporting students with disabilities, according to Flores, include (V. Flores, personal communication, February 14, 2022):

·      Working with the University of Washington tri-campus DRS system ensures all students at each of the three campuses receive a reasonable accommodation, regardless of which campus they are in attendance. 

·      Flores reports working closely with the University 504 coordinator is a critical practice to interpreting and implementing accommodations in accordance with The Americans with Disabilities Act (42 U.S.C § 12101) and Rehabilitation Act (29 U.S.C § 701). 

·      Contacting faculty and staff early regarding student accommodation is another vital component to providing reasonable accommodation for a student with disabilities. This allows for discussion and revision if proposed accommodations are not suitable. 

 

Flores identified campus housing accommodations being a current challenge at UW Tacoma (V. Flores, personal communication, February 14, 2022). Flores shared a recent case where a student requested a single occupant apartment rather than a double due to their disability; they were charged for a double, though. Flores noted this goes against the tri-campus policy for reasonable accommodation (University Policy and Rules Office, 2016). Their request for a single occupant unit was based on disability; thus, they could not be financially penalized by paying the increased single price rather than double. This is only one challenge Flores identified in housing accommodations at UW Tacoma. Higher Education practitioners should be aware of such difficulties in campus housing and reasonable accommodation to advocate for the rights and needs of students with disabilities. 

 

Flores also noted online learning requirements had become an increasingly common challenge when providing accommodations for students. Amidst the Covid-19 pandemic, online learning became a norm. Staff had to quickly provide video transcriptions and alternative forms of instruction to accommodate students. This transition was beneficial for many students with disabilities who could now work at their own pace. This was also beneficial for many students with underlying health conditions, such as an autoimmune disorder, who were concerned about their health and safety. Now, UW Tacoma has returned to a primarily in-person learning modality. While students with eligible disabilities continue to receive accommodations, students with medical conditions not covered under the Americans with Disabilities Act (42 U.S.C § 12101) do not qualify for accommodations. Flores noted this had been a challenge to navigate, as they cannot provide accommodation for disabilities not protected under the Americans with Disabilities Act. Nonetheless, students with medical concerns continue to request accommodations and the option to continue online learning due to their conditions. 

 

Interviewee: Victor Flores, University of Washington Tacoma Associate Director of Disability Resources for Students

 

Interview Date: February 14, 2022

 

Directory: https://directory.tacoma.uw.edu/employee/vflores 

 

References: 

American with Disabilities Act of 1990, 42 U.S.C § 12101 et seq. (1990). https://www.ada.gov/pubs/adastatute08.htm

Rehabilitation Act of 1973, 29 U.S.C § 701 et seq. (1973). https://www.eeoc.gov/statutes/rehabilitation-act-1973

University Policy and Rules Office. (2016). Reasonable Accommodation of Students with Disabilities. University of Washington. https://www.washington.edu/admin/rules/policies/SGP/SPCH208.html

 

The Association on Higher Education and Disability (AHEAD) is a professional association empowering disability resource professionals to create welcoming and equitable experiences for all individuals with disabilities (The Association on Higher Education and Disability, n.d.a). AHEAD has created a guide to exploring and facilitating access to support individuals seeking documentation for their disability (The Association on Higher Education and Disability, n.d.b.). This resource also provided disability resource professionals with guidance on facilitating a conversation with students seeking accommodation and better understanding their case. Several of the recommendations include: 

1.     Listen to the student's story 

2.     Acknowledge initial professional observations. 

3.     Consider environmental barriers considerations and fundamental components in play. 

4.     Identify any gaps in what the student request, details about the environment, and what you believe will create access. 

5.     Trust your judgment and provide an assessment later. 

6.     Use third-party documentation to fill gaps in understanding. 

7.     Consult with other offices and departments as necessary. 

 

References: 

The Association on Higher Education and Disability. (n.d.a). Overview. https://www.ahead.org/about-ahead/about-overview 

The Association on Higher Education and Disability. (n.d.b). The professionals guide to exploring and facilitating access. https://www.ahead.org/professional-resources/accommodations/documentation/professional-resources-accommodations-professional-guide-access 

 

 

·      The Respond, Innovate and Empower Act (RISE Act) has been introduced to the US Senate and will allow students to use documentation from their secondary education (such as an IEP or  504 plan) as proof of disability and means for accommodation in higher education. 

·      The Senators in support of the RISE Act state that students should not have to jump through hoops and take on added expenses to prove they need the accommodations required to succeed. 

·      Many higher education institutions require students to have an evaluation establishing their disability within 3-5 years of enrollment. This poses a barrier to many students who established their disability before entering high school and do not have an "expired" evaluation. 

·      Depending on the disability, an evaluation can be as high as $7,000 and is often not covered through insurance. This financial barrier is another obstacle preventing students from receiving the accommodations they need to thrive. As a result, many students will not pursue accommodations, further impacting their academics and education experience. 

·      The RISE act will likely be included in a reauthorization of the Higher Education Act. If the Act is passed, it will offer significantly more resources to students by removing the existing structural barriers preventing them from receiving the necessary accommodations. 

 

References: 

Gravely, A. (2021, August 26). Removing barriers for students with disabilities. Inside Higher Ed. https://www.insidehighered.com/news/2021/08/26/bill-would-improve-access-accommodations-disabled-students

 

·      The Covid-19 pandemic forced many students, staff, and faculty to stray from normal routines and adapted to an online learning environment. This was an increasingly difficult challenge for neurodivergent students with Autism, ADHD, dyslexia, or another neurological disability. 

·      Many students with disabilities were concerned they would lose access to their resources and support services when schools transitioned to an online modality. Additionally, students had concerns about understanding course materials via zoom lectures or recordings and not having access to a professor or teaching assistant for additional support and clarification. 

·      Students report they are concerned about maintaining their campus connections and receiving the support they need to succeed. 

·      A recommendation for faculty to retain and support students is to use universal design when setting up their online courses. Institutions could also give students access to text readers and maintain online tutoring services. 

·      Students across all institutions are reconsidering enrollment during the pandemic and online learning, causing institutions to see dips in their enrollment numbers. Retaining students is a concern with the shift to online learning. This is particularly of concern for neurodivergent students, who may not receive adequate accommodations for their disability through online learning. 

 

References:

St. Amour, M. (2020, May 13), How neurodivergent students are getting through the pandemic. Inside Higher Ed. https://www.insidehighered.com/news/2020/05/13/neurodivergent-students-face-challenges-quick-switch-remote-learning

 

·      The Washington State Constitution does not directly address accommodation or discrimination against individuals with disabilities. 

·      The Washington State Constitution Article I Section 3 (W.A. Const. art I § 3) guarantees all individuals will not be denied personal rights, including life, liberty, and property, without Due Process. 

·      Students who are interested in education are guaranteed this right under the Washington State Constitution. Their liberty and right to education are guaranteed through this amendment and cannot be denied without Due Process. 

·      This includes students with disabilities, who require additional accommodation to pursue their educational liberties. Thus, students cannot be denied an accommodation permitting them to pursue academics without first following Due Process. 

 

·      The Americans with Disabilities Act (42 U.S.C § 12101) prohibits discrimination against individuals with disabilities in all sectors of public life. This includes education, employment, transportation, and public or private places open to the general public. 

·      ADA does not have an exhaustive list of disabilities covered under the Act. However, it covers disabilities related to mental and physical impairments (SHRM, 2019). 

·      Individuals cannot be denied service, access, or participation based on their disability; thus, places or institutions must provide reasonable accommodations for individuals with disabilities

·      Title II of the ADA (42 U.S.C § 12101) focuses on education and requires educational institutions to make academic and extracurricular opportunities and facilities accessible to all students. This applies to both public and private institutions. 

 

References:

American with Disabilities Act of 1990, 42 U.S.C § 12101 et seq. (1990). https://www.ada.gov/pubs/adastatute08.htm

SHRM. (2019, November 5). Does the Americans with Disabilities Act (ADA) provide a list of conditions that are covered under the Act?. SHRM Better Workplaces Better World. https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/cms_011495.aspx

 

·      A student claimed Kent State University Violated the Fair Housing Act by refusing to grant reasonable accommodations when they would not allow the student to keep a service animal in their student housing. This Service Animal was necessary for the student to manage their disability (2016). 

·      Kent State University entered a consent decree requiring financial retribution to the student and the United States (2016). Moreover, Kent State University was required to develop and implement a new policy on reasonable accommodations for service animals, training, and regular reporting. 

·      United States V. Kent State University (2016) sets a precedent for the relationship between campus housing and the Fair Housing Act (42 U.S.C. § 3601), prohibiting housing discrimination based on disability. 

·      United States v. Kent State University (2016) sets a precedent for other local administrative laws or policies related to campus housing and reasonable accommodation. Students with disabilities requiring a service animal are protected under judicial law. 

 

References: 

Fair Housing Act, 42 U.S.C. § 3601 (1968). https://www.justice.gov/crt/fair-housing-act-2

United States v. Kent State University, 5:14-cv-01992-JRA (N.D. Ohio 2016). https://www.justice.gov/crt/file/894751/download

 

·      Chapter 162-26 of the Washington Administrative Code (2003) focuses on creating public accommodations and disability discrimination. Under WAC Chapter 162-26, public places must provide reasonable accommodation for individuals with disabilities. 

·      The overall objective of Chapter 162-26 is to afford all individuals with disabilities full enjoyment of public places to the greatest extent possible (Chapter 162-26, 2003). 

·      The law aims to treat individuals with the same services regardless of a disability. To require the same service, it is necessary to provide reasonable accommodations to individuals with disabilities (Chapter 162-26, 2003). 

·      Colleges and Universities must provide reasonable accommodation to students and campus visitors. Chapter 162-26 (2003) applies to all public places, including higher education institutions. This includes all campus events or classes. 

 

References:

Chapter 162-26, Washington Administrative Code, § 162.62.010-140 (2003). https://app.leg.wa.gov/WAC/default.aspx?cite=162-26

 

Chapter 208 of the University of Washington's student policies discusses reasonable accommodation of students with disabilities (University Policy and Rules Office, 2016). The University of Washington will provide eligible students with disabilities reasonable accommodation to offer them an equal opportunity to participate in classes, campus activities, and services. This policy was established in compliance with The American with Disabilities Act of 1990 (42 U.S.C § 12101), the Rehabilitation Act (29 U.S.C § 701), the Fair Housing Act (42 U.S.C. § 3601), Chapter 49.60 of the Revised Code of Washington (1995) and Chapter 28B.10 of the Revised Code of Washington (1989). 

 

References: 

American with Disabilities Act of 1990, 42 U.S.C § 12101 et seq. (1990). https://www.ada.gov/pubs/adastatute08.htm

Chapter 28B.10, Revised Code of Washington § 128B.0.016-28B.10.980 (1989). https://apps.leg.wa.gov/rcw/default.aspx?cite=28B.10

Chapter 49.60, Revised Code of Washington § 49.60.010-49.60.525 (1995). https://apps.leg.wa.gov/rcw/default.aspx?cite=49.60

Fair Housing Act, 42 U.S.C. § 3601 (1968). https://www.justice.gov/crt/fair-housing-act-2

Rehabilitation Act of 1973, 29 U.S.C § 701 et seq. (1973). https://www.eeoc.gov/statutes/rehabilitation-act-1973

University Policy and Rules Office. (2016). Reasonable Accommodation of Students with Disabilities. University of Washington. https://www.washington.edu/admin/rules/policies/SGP/SPCH208.html

 

From Principle IV – Justice:

"We actively promote human dignity and endorse equality and fairness for everyone… We treat others with respect and fairness, preserving their dignity, honoring their differences, promoting their welfare" (Council for the Advancement of Standards in Higher Education, 2015)

 

Students with disabilities must be supported and provided a reasonable accommodation in higher education to ensure they can enjoy and participate in campus events, activities, and academics to the fullest extent. As an academic advisor, my colleagues and I must respect fairness and preserve students' dignity when providing them with accommodations. Students should not be made to feel ashamed of their disabilities or prevented from participating in campus events and activities. 

 

References: 

Council for the Advancement of Standards in Higher Education (2015). CAS statement of shared ethical principles. In J. B. Wells (Ed.), CAS professional standards for higher education (9th Ed.). Washington, DC: Author.

 

This lack of coverage concerns me amidst the Covid-19 pandemic as an academic advisor. Reflecting on the Council for the Advancement of Standards in Higher Education (2015), it seems that denying accommodations to students with autoimmune or other medical concerns violates ethical principles of justice and non-malfeasance. Many students have chosen to take time off from school due to mental health challenges and personal or family medical concerns. This becomes a challenge because autoimmune disorders are not covered under ADA, despite the obstacles present. Flores noted they could not justify providing accommodations for one non-ADA disability without then accommodating other non-ADA or undocumented student disabilities (V. Flores, personal communication, February 14, 2022). 

 

References:

American with Disabilities Act of 1990, 42 U.S.C § 12101 et seq. (1990). https://www.ada.gov/pubs/adastatute08.htm

Council for the Advancement of Standards in Higher Education (2015). CAS statement of shared ethical principles. In J. B. Wells (Ed.), CAS professional standards for higher education (9th Ed.). Washington, DC: Author.

·      It is critical for Higher Education practitioners to consider the barriers present for students with disabilities when working with campus administration amidst the Covid-19 pandemic (St. Amour, 2020; Gravely, 2021). These barriers should be addressed immediately when changing teaching modality (online vs. in-person learning) to ensure student accommodations are met.

·      Communicate student accommodations to faculty and staff early to ensure they can be implemented or adapted to suit the needs of the student and classroom capabilities (V. Flores, personal communication, February 14, 2022). If an accommodation needs to be revised, early communication provides a buffer between determining the feasibility of the accommodation and timely implementation. 

·      Consult with other campus units and faculty to ensure student accommodations are reasonable and able to be implemented (The Association on Higher Education and Disability, n.d.; V. Flores, personal communication, February 14, 2022). This allows disability support professionals to identify gaps in accommodation and determine the feasibility of accommodations.

·       Stay up to date on current legislation, court cases, and campus policies regarding disability accommodations (V. Flores, personal communication, February 14, 2022). Cases such as United States v. Kent State University (2016) provide legal precedent for best practices for reasonable accommodation and interpreting the law. 

·      Higher Education practitioners must preserve the integrity, dignity, and wellbeing of all students and foster a community of acceptance and inclusion (Council for the Advancement of Standards in Higher Education, 2015; V. Flores, personal communication, February 14, 2022). Providing reasonable accommodation for students empowers them to participate and become active campus community members. 

·      If a student does not appear to qualify for accommodations, identify environmental barriers to the accommodation request and work with the student to seek additional documentation to support their request (The Association on Higher Education and Disability, n.d.). This additional guidance further promotes a culture of advocacy and inclusion on campus. 

 

References: 

The Association on Higher Education and Disability. (n.d.). The professionals guide to exploring and facilitating access. https://www.ahead.org/professional-resources/accommodations/documentation/professional-resources-accommodations-professional-guide-access

St. Amour, M. (2020, May 13), How neurodivergent students are getting through the pandemic. Inside Higher Ed. https://www.insidehighered.com/news/2020/05/13/neurodivergent-students-face-challenges-quick-switch-remote-learning

Gravely, A. (2021, August 26). Removing barriers for students with disabilities. Inside Higher Ed. https://www.insidehighered.com/news/2021/08/26/bill-would-improve-access-accommodations-disabled-students

United States v. Kent State University, 5:14-cv-01992-JRA (N.D. Ohio 2016). https://www.justice.gov/crt/file/894751/download

Council for the Advancement of Standards in Higher Education (2015). CAS statement of shared ethical principles. In J. B. Wells (Ed.), CAS professional standards for higher education (9th Ed.). Washington, DC: Author.