(Dis)Ability Access and Inclusion Best Practices

Background Information

The Law

Institutions of higher education, private and public, like all businesses and government entities, must provide accommodations for equal access to services to people with disabilities. The 2008 ADA Amendments Act broadened the definition of disability to be more inclusive. The Rehabilitation Act of 1973’s Section 504 “prohibits discrimination against qualified individuals with disabilities by any program or activity receiving federal financial assistance or by any program or activity conducted by a federal executive agency or the U.S. Postal Service.” The Disability Rights Education & Defense Fund explains Section 504:

“Section 504 of the 1973 Rehabilitation Act was the first disability civil rights law to be enacted in the United States. It prohibits discrimination against people with disabilities in programs that receive federal financial assistance, and set the stage for enactment of the Americans with Disabilities Act. Section 504 works together with the ADA and IDEA to protect children and adults with disabilities from exclusion, and unequal treatment in schools, jobs and the community.”

Beyond the Law: Why

The Centers for Disease Control (CDC) states the health benefits of inclusion to people with disabilities (statistically 1 in 4 people in the U.S., according to the Behavioral Risk Factor Surveillance System, BRFSS, in 2016, cited by the CDC):

“Disability inclusion allows for people with disabilities to take advantage of the benefits of the same health promotion and prevention activities experienced by people who do not have a disability.”

Accommodations by Institutions of Higher Learning

To adhere to the laws above, institutions of higher learning frequently have offices or departments devoted to disability accommodation provision. The mission of such disability accommodation units frequently includes educational outreach and training to campus employees and students. Although such informational campaigns about disability accommodations have increased in educational settings, it remains incumbent upon those with disabilities to notify institutions, such as through their disability accommodation units, of the accommodations they require to gain equal access to work or education. Institutions so notified must then respond by providing the necessary accommodations.

Statistics and Visible and Invisible Disabilities

The Pew Research Center reports the U.S. Census Bureau determined in 2015 that “nearly 40 million Americans…, representing 12.6% of the civilian non-institutionalized population” have disabilities as defined by “six types of questions measuring serious difficulty with hearing, vision, cognition, walking or climbing stairs, as well as difficulty with self-care and independent living.”

Disability Justice refers to the U.S. Census Bureau’s 2010 census, which recorded “approximately 57 million people—nearly 20 percent of the United States population—were living with some type of disability….” Disability Justice provides an excellent definition of disability: “A disability can be physical, intellectual or cognitive, emotional or psychiatric. Disabilities can range dramatically in severity and how they affect each individual’s independence. Disabilities can be visible or obvious (e.g., blindness, a speech or communication challenge, cerebral palsy, Down Syndrome, or mobility-related). They also can be invisible (e.g., autism spectrum disorder, hearing loss, developmental disability, mental health or psychiatric disorder, or traumatic brain injury).”

HuffPost posted a blog article by Kate Mitchell on May 3, 2016, titled “Not All Disabilities Are Visible.” Mitchell also draws on U.S. Census Bureau data, from 2002, that reveals “96 percent of people who live with an illness live with an invisible one, and 73 percent of people who live with a severe disability do not use devices like a wheelchair.”

Disabled World maintains a website page about invisible disabilities and offers the following definition:

“Invisible Disability, or hidden disability, is an umbrella term that captures a whole spectrum of hidden disabilities or challenges that are primarily neurological in nature. Invisible disability, or hidden disability, are defined as disabilities that are not immediately apparent. Some people with visual or auditory disabilities who do not wear glasses or hearing aids, or discreet hearing aids, may not be obviously disabled. Some people who have vision loss may wear contacts. A sitting disability is another category of invisible impairments; sitting problems are usually caused by chronic back pain. Those with joint problems or chronic pain may not use mobility aids on some days, or at all. Although the disability creates a challenge for the person who has it, the reality of the disability can be difficult for others to recognize or acknowledge. Others may not understand the cause of the problem, if they cannot see evidence of it in a visible way.”

Learning Disabilities

Institutions of higher education must be particularly vigilant in providing accommodations to students with learning disabilities, many of which are invisible, and in thus complying with The Rehabilitation Act of 1973, Section 504. Many institutions now strive for a Universal Design for Learning (UDL) model of instruction. The Universal Design for Learning Guidelines for Inclusivity & Personalization blog entry of Teaching Strategies by Kailey Rhodes (with Joseph Barone, Manager of Coaching, Teach for America, and Bryan Dean, Oakland Schools), June 28, 2018, states the definition and mission of UDL:

“Universal Design for Learning (UDL) is an approach to designing curriculum and instruction that prioritizes accessibility and inclusivity. At the heart of UDL is a belief that a classroom designed for students at the margins is better for all students.”