The law is general and encompass all students with disabilities. All students with disabibities are protected under the law. Differences in the severity of a disability is important when identifiying unique accomidations for students.
At my job we have more students with learning disabilities than with severe disabilities.
Our testing software allows for increased time as an accomidation. Does most tesing software provide accomidations for severely disabled students?
Based on the reading, it could be interpreted that there IS equal support for all with disabilities.
While the law doesn't prescribe the accommodations, it does state that equal access MUST be given. Therefore, the person with a learning disability and the person with the spinal cord injury, based on their individual disability, are given equal access to education.
While the accommodations my not be "equal", the access is.
The issue seems to be that of providing equal access, regardless of the type or severity of the disability. The concept of reasonableness may also apply here when considering how reasonable it is to extend equal access to an individual with a spinal cord injury.
Section 504 and the ADA have a predominant message of equal access and equal opportunity. There isn't more support and protection for people with more severe disability related problems because we are not in the profession of judging the severity of one's disability, but the profession of granting equal access and opportunity to all students wanting to further their education.
Because Section 504 and the ADA both require equal access to all and does not specify the severity of disabilities.
My thought is that the more specific the laws get, the more restrictive they become for the student or potential student. More "gray" area is important so that the round peg doesn't have to fit into the square hole.
I believe it is the other way around and learning disabilities may not receive adequate support in general since they may be more invisible, however may receive more support in academic setting, where they can be more obvious.
The reason there is no differentiation between a learning disability and a severe disability that may be physical is because Section 504 and the ADA are intended to promote access. Then more broader a law is written, the possibility of flexibility is greater.
I believe this would be because Section 504 and ADA do not set a "ceiling" as it was referred to in the course content. It states that students with a disability should be given equal access as non disabled students. The institution then treats each instance on a case-by-case basis and can provide more accommodations as they deem appropriate. So students with more severe disabilities could be provided more support by the institution if it is reasonable for the institution to do so.
Quite frankly, I know not what this request is pertaining to! I quite clearly understand the concerns of trying to accommodate the severely disabled within the learning environment. I, however, have some very strong opinions that I swallow due to the volatility of the topic. At my age and financial status, I simply aim to comply!
Robert,
I think that each institution tackles faculty training in differing ways. For instance, part of my role is to train the campus Disability Services Coordinators and provide them with the materials necessary to facilitate faculty and staff training on our obligations related to accommodating students. There are no "real" costs there other than time and effort. Other institutions spend lots of money to provide specific training on issues related to ADA or special needs students. Regardless, the ADA post-secondary environments is a moving target. Things change so frequently. Just when I feel like I have all my campuses on the same page, something changes in the disability landscape and I start all over.
Sarah Smoger
Catherine,
You are exactly right. Section 504 and the ADA actually provide very little support in what an institution can or cannot do. It's the lawsuits and "decisions" provided by the Office of Civil Rights which provide us guidance on what are considered "best practices" in the field and how to limit liability.
Sarah Smoger
Chelsea,
You are correct. An institution may have to provide more accommodations to someone with a more serious disability to "level the playing field".
Sarah Smoger
I think it takes advocates to make that change.
If the spirit of the law is all about 'access,' then the severity of the disability does not matter. What matters is that the experience offered to the self-identified student is comparable to his/her peers, as decided by the school and the student.
I feel as though there isn't more support and protection for people with more severe disability-related problems because many are unsure when the line is crossed when it deals with "fair" treatment and "equality."
The course has been emphasizing that the institutions are required to give case-by-case consideration to those with disabilities and give appropriate accommodations. In this way, school officials can make the most appropriate choice of how to help the student succeed. In some cases, more accommodations will be required. It is not necessary for the law to address every specific type of case.
I believe the term equal provides that support and protection. The problem rests in individual interpretation. We are required by law to provide equal access to all individuals making accommodations for individuals based upon their individual situation. There is a higher authority that guides (or should guide) our hearts in the matter. The only other draw-back is the substantial costs upon already "regulation laden" schools and the individuals charged with making the accommodations; what does it cost a teacher to get the training necessary to adequately deal with all the nuances thrown at them?
The purpose of 504 and AD is not to decide which disability is more severe than the other. The purpose is to make sure that anyone with a disability has access to accomadations that will give them equal rights and opportunities to those that are not disabled.
I think, to some extent, there is additional support in that a person with a more severe disability would likely require more accommodations than someone who has a less severe disability.
