General Counsel
FAQ - Overview of Title II of the Americans with Disabilities Act: Students
This document provides a summary of the law in this area and answers questions frequently asked of attorneys in the Office of General Counsel. However, the information presented here is intended for informational purposes only and nothing in this document should be construed or relied upon as legal advice. The Office of General Counsel or your Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.
Q. What kinds of modifications to programs does the ADA
require?
A. An institution must determine modifications on
a case-by-case basis. Nonetheless, some examples of possible modifications
include changing the length of time permitted for completion of degree
requirements or substitution of a course for a required course.
Q. What kinds of modifications to examinations does the
ADA require?
A. Once again, the institution must determine these
modifications on a case-by-case basis. Some common modifications include
using large print testing materials, providing a scribe or reader,
permitting the test to be taken in a "quiet room," extending
the time for completing the test, or administering an oral test.
Q. May my institution charge a surcharge for providing a
reasonable accommodation?
A. No, but your institution may charge a student
with a disability for optional services, such as physical therapy,
or for accessible parking, if the charge for parking is comparable
to that paid by other students.
Q. Do extracurricular activities and student housing have
to be accessible to disabled students?
A. Yes.
Q. Is my institution responsible for providing personal
services for disabled students?
A. No, unless these services are provided to the
student body at large. Personal services include personal care attendants,
wheelchairs, eyeglasses and prosthetic devices.
Q. Is my institution responsible for paying for documentation
of a disability?
A. No. The student is responsible.
Q. Does the institution have to provide the accommodations
favored by the student or the student's health care provider?
A. No. The institution may choose among effective
accommodations. The institution does not have to choose the "best" accommodations
or the accommodation requested by the student.
Q. How current does documentation of a disability need to
be?
A. The general practice is to require documentation
that is not older than three years. However, institutions must conduct
individualized evaluations of documentation in each case. Where a disability
would not change over time, it would not be necessary to update older
documentation of the disability.
Q. What if parents call and request information or ask to
be involved in the accommodation process for their child?
A. Access by parents to information about a student
is limited by the federal Family Educational Records and Privacy Act
(FERPA) and the Wisconsin Public Records Law. Parents generally may
not access information about their student without the student's consent.
Q. What kind of documentation should an institution accept?
A. Evidence from some other proceeding or process
is not enough (such as a social security determination of benefits).
An institution should consider Individual Education Plans (IEP's),
504 Plans and other types of documentation, but these are not conclusive
and do not constitute medical documentation. It's important to remember
that the fact that someone provided an accommodation in the past
is not documentation of a disability.
Q. What should an institution do if questions arise regarding
the validity of the documentation?
A. The institution should obtain a release from the
student as part of the disability services intake process so the institution
can contact the health care provider directly to resolve any issues.
Q. Are individuals who have a record of or are regarded
as having a disability eligible for accommodations?
A. No, unless the individual can demonstrate a current
disability.
Q. May an institution consider mitigating measures, such
as a medication that corrects the impairment, in determining whether
a student has a disability?
A. Yes, but the institution should consult the Office
of General Counsel or Campus Legal Counsel.