While laws give us mandates, the courts interpret what these mandates mean. We can also look for this in decisions mediated by the Department of Justice. These decisions, in turn, relate to the current rules and practices implemented in postsecondary institutions. Click on the links in the title to read more about the case. A much larger list of higher education accessibility cases with web content and technology can be found on the University of Minnesota site.
Physical barriers during construction should maintain accessibility for those with disabilities. Universities should remove all barriers to access in programs, architecture, and online websites.
Technologies across all campuses must be accessible to individuals with disabilities. Universities must consider disability access when purchasing hardware and software.
Universities can not have people with mental health issues sign contracts that bar them from talking about suicidal ideation or dropping out.
Stadium seating, ticketing, parking, bathrooms, routes, and all facilities and services must be accessible.
All buildings must be brought into architectural compliance.
Universities may be allowed to deny admission to a program on the "otherwise qualified" basis if participation in a program would be considered harmful to the student or to the people the student would work with in the future career; however, there are many new technologies that make this judgement debatable.
Similar to the SECC v. Davis case above, Universities may consider an "otherwise qualified" and "no substantial modification" of a program in determining admission.
Again this is another "otherwise qualified" case, but it does indicate how schools should think about reasonable accommodations. First, officials with relevant experience should consider the request. Second, they should consider whether it would substantially alter the program or give the student undue advantage.
This is another "otherwise qualified" case that reflects on "undue burden." A university can require its students to complete a range of activities that people in their chosen career would be doing and does not have to exempt a student with a disability from doing it. Thus, if the student cannot complete the activity without substantial modification or assistance, the student may not be qualified to enter the program.
If a university can show they reasonably considered an accommodation request, they can refuse it. Course substitutions are not an automatic right if the course is deemed necessary to the curricula.
Universities can deny readmission to a student who left for a behavioral or mental health disability if the student can not show that they are able to function without behavioral difficulties and abide by college guidelines for the remainder of their time at school or for extended time periods. Universities have an obligation to protect all students.
Universities must ensure accessibility when using an internet based learning product.
E-book readers must be accessible to those with blindness or visual impairment.
Universities must make reasonable modifications for their leave policies. Students who take medical leave should be allowed to return to school. Faculty and staff should be trained to work with students with mental health disabilities.
Like Arizona State, e-book readers must be accessible to those with blindness or visual impairment.
Universities should remove physical barriers and modify policies and practices to ensure that all classes, services, and programs are accessible.
University hospitals and health clinics must provide auxiliary aids and services to ensure effective communication to patients.
For students with food allergies or chronic health conditions such as celiac disease, universities are required to adjust polices, procedures, and practices so students may have full and equal access to enjoy their meal plan.
Universities must provide equal access to free online courses and lectures to students who are Deaf or Hard of Hearing.
Universities must make reasonable accommodations, policies, practices, and procedures for students with mental health disabilities including requests for accommodations, leave, and withdrawal.
Policies, such as leave and absence policies, must allow accessibility for people with chronic health conditions.
Universities must make food in dining areas accessible to those with food allergies.
Universities should modify leave policies for students with mental health difficulties to continue to study online during leave if there is an adequate online program.
Publicly available online content must be accessible to those with hearing, vision, or manual disabilities. A recent article on UC 'Berkeley's accessibility agreement with the Department of Justice notes some consequences for postsecondary institutions.
E-book readers must be accessible to students with visual disabilities.
University hotels must maintain accessible architecture, technology, and services, such as registration counter and online website, that are accessible.
Comprehensive Transition and Postsecondary (CTP) Programs for students with intellectual disabilities are now experiencing a period of rapid growth. As more universities begin to participate, more research is needed for model programs that exhibit best practices. Think College is an exceptional resource for these programs.
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