Severity of Disability
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?
In short, the severity of one's disability is not relevant. Section 504 and the ADA define one as either disabled or not disabled. There is no scale of how severe one's disability is.
There isn't more support and protection for people with more severe disability-related problems because we want everyone to be equal and to have an equal way of going about their education, regardless of what problem someone may have.
We would not want the statutes imposing different levels of support and/or protection. Who would make the determinations of severity and levels? This could then be construed as discriminatory. The main point is that everyone is assured equal access. The statutes provide the “floorâ€, and each case should be evaluated on an individual basis to assure equal access.
Because it emphasizes disability vs. ability and what may seem obvious melts in the spirit of perseverance and heart.
Section 504 and the ADA are about equal access to achieve the same ends, with or without accomodation. Each student's disability and request for accommodation is evaluated on an individual basis, but the ultimate question is whether there is an accommodation that can be employed that will enable the student to be successful. Severity of the disabilty would not neccesarily require more support and protection since all students with disabilities are qualified to access equal opportunity if they can achieve the same ends, with or without accommodation. The accommodation required may be different, but it's all about creating a level playing field.
The severity of the disability is irrelevant. The purpose of the laws are intended to assist individuals with disabilities get the reasonable accommodations needed in order to be afforded the same opportunities.
Matthew,
I agree. A student's need for accommodation needs to be addressed on a case-by-case individual basis.
Sarah Smoger
Section 504 gives a pretty broad definition of what must be done for people with all kinds of disabilities. While some disabilities may be more severe than others, the law still says the same thing. They must be given equal access. Regardless of how severe the disability may be the law requires that they be given equal access. If that requires more support and accommodation for a more severe disability than it is necessary to provide such.
It is important to note that these laws provide access to equal opportunities for all individuals with varying types of disabilities. Each individuals success comes from his or her own work. The institution is to provide access to reasonable accommodations and each should be looked at on an individual basis, without stereotyping or discrimination. Accommodations are not based on diagnosis or specific injury and the individual should not be labeled as such. One person with a spinal cord injury may have a much different functionality than another with a similar injury. Thus, it is important to match the appropriate accommodation, if needed, based on the individual services needed.
I am familiar with this information in the HRM setting so it was intersting to learn diversity related to students.
Sylvia,
Depends on what types of accommodations you are talking about. Give me an example or 2.
Sarah Smoger
Mark,
I agree, that's exactly why the law was written the way it was.
Sarah Smoger
Barbara,
I think you are correct. "Invisible" disabilities are much more difficult for to diagnose and determine what's reasonable and appropriate for accommodations.
Sarah Smoger
Victoria,
Yes! Very little is written into the law. We rely on lawsuits, resolution agreements, and "findings" by the Office of Civil Rights and Department of Justice to provide guidance on how to interpret the law and implement "best practices" within the field of disability services.
Sarah Smoger
Kristen,
Exactly, good summary of the section.
Sarah Smoger
If a person has a disability they are by definiton not able to perform and thus should be accommodated or they are still being discriminated against
Experience offered is important but student ability to utilize the experience offered is also important, thus severity of disability comes into play.
It may be due to the culture of the US. Other cultures may value protection for these individuals.
In my opinion, under ADA, every person with disabilities deserves same support and protection. ADA promotes not only support and protection, but also a least restrictive environment for all, anywhere. LRE is the environment where the students can receive education designed to meet his or her special education needs, while still being educated with their peers.
