Know Your Rights: How the ADA Applies On and Off-Campus

SATURDAY, FEBRUARY 25, 2017 IVY LEAGUE MENTAL HEALTH CONFERENCE WORKSHOP 1

KNOW YOUR RIGHTS HOW THE ADA APPLIES ONAND OFF-CAMPUS THE 2017 CONFERENCE BOARD BROWN ANIMAL-ASSISTED THERAPY CARLOS J. TORRES, J.D.

OVERVIEW OF THE ADA HISTORY OF THE AMERICANS WITH DISABILITIES ACT

SECTION 504 OF THE 1973 REHABILITATION ACT THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

ADA AMENDMENTS ACT OF 2008 (ADAAA)

1990 ADA DEFINITION OF DISABILITY A person has a physical or mental impairment that substantially limits a major life activity A record or history of an impairment exists They are regarded as having an impairment

ADA AMENDMENTS ACT REVISIONS

"Major Life Activities" include: walking, seeing, speaking, hearing, breathing, learning, performing manual tasks, caring for oneself, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating.

"Major Bodily Functions" include: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

ADA AMENDMENTS ACT REVISIONS

"Substantially Limits": Substantially limited in performing a major life activity as compared to most people in general populations Disability substantially limits one major life activity An episodic impairment that would substantially limit a major life activity when active is a disability

ADA AMENDMENTS ACT REVISIONS

Substantially Limiting Impairments: Examples Epilepsy HIV Infection Multiple Sclerosis Muscular Dystrophy Major Depressive Disorder Post Traumatic Stress Disorder Obsessive-Compulsive Disorder Schizophrenia Mobility Impairment Personality Disorders Partially or Completely Missing Limbs Autism Cancer Cerebral Palsy Diabetes

REASONABLE ACCOMMODATIONS Any change or adjustment to a job or work environment that permits a qualified applicant or employee with the disability to participate in the job application process, to perform the essential functions of the job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.

REASONABLE ACCOMMODATIONS "Specifically, colleges and universities are required to make reasonable modifications in their practices, policies and procedures, and to provide auxiliary aids and services for persons with disabilities, unless to do so would fundamentally alter the nature of the goods, services, facilities, privileges, advantages and accommodations they offer, or would result in an undue financial or administrative burden on the institution."

Disability Rights CA

REASONABLE ACCOMMODATIONS "An accommodation is not reasonable if: Making the accommodation or having the individual involved in the activity poses a direct threat to the health or safety of others.

Making the accommodation means making a substantial change in an essential element of the curriculum.

Making the accommodation would require a substantial alteration in the manner in which educational opportunities are provided, such as the course objectives being altered.

Making the accommodation would impose an undue financial or administrative burden to the institution."

University of Washington DO-IT Center

EXAMPLES

Reduced course load with adjusted financial aid Course substitutions within a major Excused absences for treatment and hospitalizations Extra time on exams Exams in a separate, quiet room Extensions on written assignments Excused absences for illness Retroactive withdrawals from courses Alternate assignments for participation requirements Permission to record lectures Note-taking services Permission to change roommates or rooms Personal aide Disability RIghts of NC + CA Bazelon Center for Mental Health Law

"Schools often respond to students with mental health needs in ways that violate the Americans with Disabilities Act (ADA). Under the ADA, colleges and universities may not exclude students because of their mental health needs, except when the student cannot meet academic and behavioral standards even with treatment and other help. In addition, schools must provide students with disabilities 'reasonable accommodations' —modifications to normal rules and procedures that enable students to continue and succeed in higher education."

Bazelon Center for Mental Health Law

APA Guidelines for Teachers DO: Confer with the student with a disability as to the accommodations most appropriate for him/her.

DON'T: Make assumptions about a student’s ability to work in a particular field. Most often, concerns that students may not be able to succeed are based on fears and assumptions, not facts. Remember too, that employers are also required to comply with the ADA. DO: Treat students with disabilities with the same courtesies you would afford to other students.

DON'T: Engage in philosophical debates about “fairness� to other, nondisabled students, or whether providing accommodations somehow violates your academic freedom. These arguments are unavailing for several reasons. First, philosophical debates about whether and how equal educational opportunities are provided to students with disabilities are legally meaningless. Congress has determined how we as a society should address equal access to education by passing federal civil rights statutes protecting the rights of persons with disabilities, without adversely impacting those without disabilities. Congress has been joined in this effort by most state legislatures as well. Second, academic freedom is not preemptive of federal civil rights statutes.