Shanita,
Sorry, but I can't tell what you are suggesting here one way or the other!
Dr. Jane Jarrow
Because it is on a need to need basis. According to the LAW... no one should be treated the same (JUST BECAUSE). We have to look at the students as individuals.
I don't really understand why they don't differentiate more as I know of a young man who is severly physically disabled however his mind is fine and he enjoys taking classes and learning new things and I feel it is also good for him emotionally as eventhough he cannot hold down a full time job he can do part-time consulting from home and enjoys it immensily.
I feel like its not more support and protection with the more severe disability-related problems in my opinion alot of people aren't as familiar with the more severe disabilities. Now I'm sure the doctors and nurses are familiar with the disabilities. I'm not so sure about the public eye. The public hear so much about other disabilities and the more severe disabilities may be more complex to them.
Which section 504 and the ADA provide more of a floor not a ceiling.I think each disability is treated as such a disability. So with that being said I don't think they differentiate one over the other.
Mary,
You have it exactly right. Section 504 and the ADA provide a floor, not a ceiling. They say, "you may not do less than ____", but the do not prohibit the institution from doing more. And I agree, too, that doing more is generally a winning proposition!
Dr. Jane Jarrow
Section 504 and the ADA are meant to provide equality of access only. A student must not be the victim of discrimination due to a disability. The law requires that all students are provided access to the experiences the college provides. Beyond that, a college may provide a higher level of support for more severely disabled students. Providing additional supportive services for the severely disabled may be a win-win situation. The student has a better chance of success at the school and may be more likely to complete his course of study. The school benefits by retention and goodwill. In summary, additional services beyond the minimum required for access are beneficial but not required under the ADA or Section 504.
Gregory,
Not exactly. You can't provide "more support" when the law already requires you to provide ALL the support that is needed by that individual to assure equal access. This difference is that the amount of support needed is measured against the individual student's need, not against what the next student is receiving.
Dr. Jane Jarrow
Michael,
That's a logical possibility, but I don't think that is the main issue. The issue is that a student either IS a person with a disability or s/he IS NOT. If s/he IS a person with a disability, then s/he is equally entitled to protection from discrimination, regardless of the extensive nature (or not!) of the accommodation that must be made to provide equal access.
Dr. Jane Jarrow
Disabilities vary from case to case and from person to person. To provide more support would require much more research. As it is, the regulations are more broad allowing students to participate in gain and education.
I'm not really sure. I would say that they don't want to play with the "Favoritism" card at all. It's almost sounding like they are saying "Oh your disability isnt as bad this other persons so we're gonna give you less support". They want to make it an even playing field across the board.
Olin,
That's true. Just keep in mind the getting the "same chance" -- equal opportunity -- does not necessarily mean getting the "same treatment". In this case, you often must do something DIFFERENT in order to get the SAME result.
Dr. Jane Jarrow
The law does not promise accommodations.. but equal protection - Access to the "same chance" as other students
Glad to hear you found the information useful, Lisa!
Dr. Jane Jarrow
Amazing the information I received by taking this coirse. Some information I knew and yet, some I was surprised to find out. Nice to be educated.
Angelia,
Good for you. That is what the law is meant to assure -- equal access for "people with disabilities" -- not "people with really severe disabilities as judged by the public." GRIN. Actually, I suppose we could stop at saying the law is meant to assure equal access. Period. For everyone!
Dr. Jane Jarrow
In my opinion, a disability is a disability. If a student is physically and mentally able to fulfill the requirements of a specific program, there should be no more or less protection to the the student. A potential student should only be judged on his or her ability to fulfill their program requirements.
Theresa,
You are correct. The question is whether the disability -- whatever it is -- is substantially limiting. That person is then entitled to equal access, by law. No one who is a member of the protected class is more protected (or more deserving) than another.
Dr. Jane Jarrow
My stance is that one person's disability does not out weigh another. Any impairment that limits a person's ability to function qualifies them as disabled.
I agree with your premise, Kelly, but perhaps not with your wording. I don't see the laws as being "grey." It think the statutes are crystal clear. They say, "you may not discriminate on the basis of disability." Period! I think the ebb and flow you describe has to do with fulfilling the SPIRIT of the law (rather than the letter of the law). Recognizing that the obligation is nondiscrimination, how you carry out that responsibility will, indeed vary from one individual to another based on their individual circumstances.
Dr. Jane Jarrow
All students with disabilities are different. I am not just citing the difference between specific learning disability and a medically linked disability. Even students with the same or similar SLD may have the need for different accommodations.
Student who have Type I diabetes will have different needs based on their age, severity of disease and their level of understanding of their disease process (for example, a Kindergarten student with diabetes Type I and an eighth grade student with the same disease will have different needs).
This is why this law is so "grey". This allows great latitude for the institution when implementing a 504 plan or following the ADA laws. It allows for tailoring to the individual.
Also, resiliency of the person must be taken into account. A student with a spinal cord injury who has just had a severe life-changing diagnosis may need greater accommodations within a classroom setting than another student with a similar disability who has been dealing with the issue for years.
