Sara,
Yes -- but why? The answer is because the law does not offer protection based on a "sliding scale" of severity, and no one condition gets priority over another. You either ARE a person with a disability or you are not. If you are, you are entitled to all the protections of the law.\
Dr. Jane Jarrow
It would be discriminatory to differentiate between visible and nonvisible disabilities.
Michelle,
That's it exactly. It is a question of protection "each, according to his/her need" (a variation on the textbook definition of "justice").
Dr. Jane Jarrow
The protection to me appears to be like a blanket. It covers everyone, period. It doesn't matter if the disability is slight or severe. It protects them from discrimination just the same. The campus will do all they can within reason to accomodate the students giving them equal access to an education.
Julia,
You've almost got it -- one correction. Every student, regardless of severity of disability, is provided the tools to HAVE ACCESS, not necessarily to be successful. They have to provide their own success!
Dr. Jane Jarrow
Each case of a student or individual requiring assistance because of a disability is unique. Under Section 504, a student with any disability is provided the necessary tools to allow him or her to be successful based on their specific handicap. It is not about there being more support for one kind or another, but about the support being provided as each student requires.
All disabilities should be treated as the same and individuals should be provided with equal access to ensure their needs are being met.
Deana,
You are quite right. One of the firs things I learned when I got into this field is that it is never inappropriate to OFFER assistance, but it may be inappropriate to force your assistance on someone who doesn't want/need it (think "boy scout helping the old lady across the street when she was standing there waiting for a bus!").
Dr. Jane Jarrow
every disability has levels.. just like there are some that need or want more help than others... communicating with the person helps you find out what you need to help them with. That way you don't over step with your help.
That's a very insightful reading of the difference between 504/ADA and the IDEA (special ed) law, Adrianna. While IDEA mandates services for children with disabilities BECAUSE of their disability, 504 and ADA simply say, "you may not discriminate against someone BECAUSE of their disability." It doesn't matter who that someone is, and it is not a question of level (of service) -- it is simply a yes/no determination. Is there discrimination or is there not?
Dr. Jane Jarrow
I think that Section 504 and ADA are simply to protect ALL people with disabilities from discrimination. The laws were never intended to provide support. Support is up to the student and the institution. If the laws focused on the severity levels of each disability, they could become more intrusive and also risk the chance of over-compensating.
Michael,
Absolutely. The individual either is, or is not, a person with a disability. They either are or are not protected under the law. None are more protected than others.
Dr. Jane Jarrow
All support and protections have to be equal for everyone. Someones learning disability may be equally impairing or more so than another persons physical limitation.
The issue is not about comparing one person's challenges with another. It is about making sure that the individual has an equal chance to demonstrate their knowledge and skill. If the colleges do not have the equipment, then they need to get it. Colleges are required to provide the same level of accomdation and equal access for all students with disabilties because the students with disabilties should be treated as student that does not have a disabiltiy.
James,
I think you made your point in the first sentence and then contradicted it in the second sentence. You are right -- the law promises no more protection to one group than another because it sees all people with disabilities as the same (that is, you either ARE a person with a disability or you are not; there is no qualitative judgment involved). BUT, colleges are thus required to provide the same level of accommodation (that is, whatever is needed for equal access) for all students with disabilities, whether they are familiar with accommodating for that kind of disability or not, and whether they have the right equipment on hand or not. If they don't have it, they must get it.
Dr. Jane Jarrow
there is not more support and protection with more severe disability-related problems because The American WIth Disabilties Act prohibits discrimination against "people with disabilities or a class of people with disabilities". In other words, you may not favor people with one disability over another. In addition, the colleges and universities do not have the equipment to accomdate of what the students with severe disabilties or they have never have any experienced with it before.
Erin,
Exactly! The issue is equal opportunity for all, and that translates to "each according to his/her need" -- whatever the level of that need.
Dr. Jane Jarrow
This is because every person has the right to equal support and protection. They should not be differentiated whether it be severe or not- it's all up to the particular disability the student has.
Lisa ,
That's true. The question is, should students with more severe disabilities be entitled to greater protection and/or support under the law. The answer is "no" -- while some may require more or less than others, the intent is to provide everyone with whatever they need to have equal access.
Dr. Jane Jarrow
Because both categories may require different accomodations based on the individual's needs.
