General Counsel
FAQ: ADA (Americans with Disabilities Act) - Students (Title II)
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.
Revised 09/27/2010
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 auxiliary
aids and services for disabled students?
A. Yes. Public institutions must provide auxiliary
aids and services for individuals with a disability
as accommodations for the programs offered. However,
this does not include personal devices or services, such as eyeglasses,
a wheelchair or readers for personal use or study.
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. However, the institution should work
with the student to obtain necessary information
to determine the type and nature of a
reasonable accommodation. 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 best practice is to obtain the most up-to-date
medical documentation in order to effectively process an accommodation
request. Depending on the type and nature of the disability, information
should be no less than three (3) years old. However, institutions must
conduct individualized evaluations of documentation in each case. For
example, certain disabilities may not change over time, making it unnecessary
to obtain updated documentation.
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
(unless, for example, the student is a dependent of the parent for
tax purposes).
Q. What kind of documentation should an institution accept?
A. The best practice is to obtain up-to-date medical
documentation from a treating physician or medical professional that
directly evaluates a student’s disability in light of the educational
standards and/or academic requirements. Evidence from some other
proceeding or process is not enough (such as a social security determination
of disability benefits). An institution may 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
is important to remember that the fact that someone provided an accommodation
in the past is not a 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 written release
from the student as part of the disability services intake process
which allows the institution representative to contact the health care
provider directly.
Q. Are individuals who have a record of
or are regarded as having a disability eligible for accommodations?
A. No. An institution is only required to provide
a reasonable accommodation to a student with a documented and current
disability so as to allow the student to participate in and benefit
from the institution’s educational programs.
Q. May an institution consider mitigating measures, such
as a medication that corrects the impairment, in determining whether
a student has a disability?
A. No. In accordance with the ADA Amendments Act
of 2008, an individual’s use of one or more mitigating measures
(except ordinary eyeglasses or contact lenses) cannot be considered
in determining whether an impairment substantially limits a major life
activity (note that negative effects can be considered). This includes
measures such as medication, equipment, devices, hearing aids, use
of assistive technology, auxiliary aids or services, among others.