Severity of Disability
A person with a disability is a person with a disability. As long as reasonable accommodations are being made, there's no need to start nitpicking on the type. Does it really matter what one person is offered over another if what's offered is what is needed to have equal opportunity??
Section 504 and the ADA do not differentiate between a person with a learning disability and someone with a severe disability like blindness or spinal cord injury. Why isn't there more support and protection for people with more severe disability-related problems?
David,
Actually, no. The laws protect "people with disabilities." You either ARE, or ARE NOT, a person with a disability. The law makes no distinction regarding the quality or extent of disability. As such, each student with a disability is entitled to whatever level of protection (nondiscrimination) that is appropriate to their disability-related needs.
Dr. Jane Jarrow
The lack of support and protection are likely linked to the notion that people with severe disability-related problems may choose not to enroll in higher education, especially at campus. Many of those students might try online learning, where accomodations are less likely to be needed.
William,
I am not sure I understand your question, but I think the answer is "as far as is necessary to assure equal access." Accommodations are not measured by how much or little is done for someone, but by whether or not the accommodation produces the necessary result -- equal access.
Dr. Jane Jarrow
Lisa, Section 504 and ADA both protect the student which need an reasonable accommodation. But how far does the college have to go for a level playing field.
Nicholas,
You pinpointed the answer here. It isn't about the disability or the severity of the disability. It is about determining what must be done (a little or a lot) for THAT individual to have equal access.
Dr. Jane Jarrow
I do not see where the law assigns a level of support or protection based on the severity of the disability. Each individual case is different. The law is written in such a way that the level of support and protection required will automatically adjust based on the severity of the individuals disability-related problems.
Also, if the law were written assigning a level of severity and protection to each disability, the law would need to be ammended constantly as new disabilities are recognized or identified/named.
Paul,
Exactly. The key here is "each according to their need." We give "enough" support to each student, whether tha is a lot or a little.
Dr. Jane Jarrow
This lack of support reflects the fact that accomodations for students with disabilities are not designed to assess the severity or degree of injury or disfunctionality of the student. Instead the accomodations simply acknowledge the need to make the opportunity for success available to all students.
Nathaniel,
You are right -- and in a way, that is ironic. The student with a learning disability (that you cannot see) may be more significantly impacted in their academic progress than the student in a wheelchair -- who is just like every other student sitting down!
Dr. Jane Jarrow
Dr.Jarrow,
The support and protection is out here, we tend to give more attention the disability that we see visually.
Lashawna,
You are correct, in general. But just to clarify -- Section 504 and the ADA go way beyond equal access to education. They have to do with equal access for people with disabilities throughout our society. The focus for US is on students.
Dr. Jane Jarrow
The basic principle of Section 504 and ADA is equal oppurtunity for all students. This is to ensure everyone has the same fair chance in success.
Daniel,
Actually, the law states that all are entitled to equal opportunity, and in order to have that it may be necessary to treat folks unequally. The person who is quadriplegic needs different and, potentially, more support than the person who is LD, but both are equally entitled to access.
Dr. Jane Jarrow
The rules state that a student must be treated equal, not given special attention of any kind.
Kelly,
That is EXACTLY the right answer. It is about assuring that everyone has the *same* equal access, and what it takes to have that equal access may be different!
Dr. Jane Jarrow
Section 504 and ADA are civil rights statues; civil rights statues provide protection from being treated differently. Based on the course material I read the law states that students “with disabilities receive case-by-case consideration and appropriate accommodations". Basically, the main purpose is to ensure that everyone has equal access. A student either is a person with a disability or not.
Virgie,
You have confused several concepts here. We talked about "need to know", not "need to need." And the point isn't that folks shouldn't be treated the same -- it is that they should each be treated according to their need, so that they have the same opportunity.
Dr. Jane Jarrow
Bonnie,
I am not sure you answered the question. The question is not whether those with severe disabilities deserve support -- they do. The question is why those with severe disabilities and those who have disabilities that the public may see as less severe BOTH deserve support.
Dr. Jane Jarrow
