Editor's Choice: Lessons on Disability and the Rights of Students

Community College Review, Summer, 1999 by Linda L. Treloar

He accompanied Ben to the DRC where staff began an individual assessment. Appropriate documentation that established the existence of Ben's disabilities and the need for accommodation were readily obtained. Reasonable accommodations for Ben included using software that enlarged the print size on the computer monitor screen. Instead of using a "roving" teaching style, Mr. Brown restricted his movements so that Ben could read his lips. He also enlarged the font print size on exams and other written materials. In addition, Ben told his peers that he had visual and auditory disabilities. Whoever sat next to Ben would repeat the comments of other students in the room so that Ben didn't miss out on important classroom interaction.

Mr. Brown's interactions with Ben illustrate several important points. People with disabilities are the same as nondisabled persons, although different (Treloar, 1998b). Although Mr. Brown recognized that Ben was just like any other student, he also recognized that Ben's disabilities created a need for instructional modifications.

Postsecondary education settings that receive Federal financial assistance cannot discriminate against or exclude a qualified person from programs or activities solely on the basis of his or her disability. A qualified student meets the technical and academic qualifications for participation in an educational program or activity. An institution is expected to make reasonable accommodation so that otherwise qualified students have equal opportunity to participate in programs, activities, and services. Institutions are not expected to provide accommodations that would fundamentally alter the academic requirements or nature of a program of study. For example, programs designed to prepare students to meet licensure requirements may not be able to accommodate some students. Institutions are not required to accommodate students who provide a direct threat to the safety or health of others.

Accommodations may include an accessible location, extended but not unlimited time for test-taking and related activities, substitution of nonessential courses for degree requirements, adaptation of course instruction, and adaptive equipment or technology such as tape-recording classes or providing other auxiliary aids and services including the use of notetakers, scribes, or readers. Educational settings provide effective accommodations without cost to students and without "undue burden" on the institution. The community college is not required to provide attendants or devices for personal use by the student (other than for academic reasons).

Once the student self-identifies a disability and requests accommodation, the college is permitted a reasonable period of time to make accommodation. An individualized assessment should include appropriate documentation (this may be at student expense) that establishes the existence of disability and the need for accommodation. Decisions surrounding disability and what constitutes reasonable accommodation are usually made by the college Disability Resource Center (DRC). The legal services department may become involved in some instances.