Federal Laws and Regulations
THE AMERICANS WITH DISABILITIES ACT
1 - Regulations
The Americans with Disabilities Act of 1990 (ADA) is the end result of almost 20 years of debate on disability rights. It provides the general framework and approach for ending discrimination for persons with disabilities. The stated national goals of the ADA are to guarantee that persons with disabilities have equality of opportunity, a chance to fully participate in society, are able to live independently and can be economically self-sufficient.
You will find that ADA titles I, II, III, Sections 504, and 255 are intertwined for the most updated and finest universal services available to students with disabilities. Therefore, you will find mention of a number of titles and sections throughout the Handbook.
The ADA has five sections or Titles. The titles that reflects the students in Higher Education are Title I, and Title III.
Title I Regulation:
Title I addresses the accessibility issues regarding all academic and social activities on a Campus. It also prohibits public entities from providing services which discriminate against persons with disabilities. Specific actions must be taken by public agencies to avoid discrimination. For example, the law requires that:
- 1 - The campus must be equipped with a wheelchair and a lift.
- 2 - Public agencies which provide complete accessibility not limited to all buildings, bathrooms, activity areas and classrooms.
- 3 - New facilities must be accessible.
- 4 - Alterations to facilities must include features to make them accessible.
The Title II Regulation:
“A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.”
It is, therefore, the school's responsibility to provide these auxiliary aids and services in a timely manner to ensure effective participation by students with disabilities. If students are being evaluated to determine their eligibility under Section 504 or the ADA, the recipient must provide auxiliary aids in the interim.
Title II Regulation Contains Comparable Provisions.
The Section 504 Regulation also states:
Aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and non-handicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs.
The institution must analyze the appropriateness of an aid or service in its specific context. For example, the type of assistance needed in a classroom by a student who is hearing-impaired may vary, depending upon whether the format is a large lecture hall or a seminar. With the one-way communication of a lecture, the service of a note-taker may be adequate, but in the two-way communication of a seminar, an interpreter may be needed. College officials also should be aware that in determining what types of auxiliary aids and services are necessary under Title II of the ADA, the institution must give primary consideration to the requests of individuals with disabilities.
Personal Aids and Services
An issue that is often misunderstood by postsecondary officials and students is the provision of personal aids and services. Personal aids and services, including help in bathing, dressing, or other personal care, they are not required to be provided by postsecondary institutions. The Section 504 regulation states:
* Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
Title II of the ADA similarly states that personal services are not required.
In order to ensure that students with disabilities are given a free appropriate public education, local education agencies are required to provide many services and aids of a personal nature to students with disabilities when they are enrolled in elementary and secondary schools. However, once students with disabilities graduate from a high school program or its equivalent, education institutions are no longer required to provide aids, devices, or services of a personal nature.
Postsecondary schools do not have to provide personal services relating to certain individual academic activities. Personal attendants and individually prescribed devices are the responsibility of the student who has a disability and not of the institution. For example, readers may be provided for classroom use but institutions are not required to provide readers for personal use or for help during individual study time.
Title III Regulations
This section of the ADA Regulation reflects the confidentiality of the student’s disability. Where by the professionals working with the students cannot discuss their disabled students with anyone unless the student can sign a wavier providing permission to the particular (name) administrator/professor/instructor to discuss a particular issue with a particular person, and the person must be named as well.
(a) Prohibition of discrimination. No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.
(a) Denial of participation. A public accommodation shall not subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.
(b) Participation in unequal benefit. A public accommodation shall not afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
(c) Separate benefit. A public accommodation shall not provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.
(d) Individual or class of individuals. For purposes of paragraphs (a) through (c) of this section, the term
"Individual or class of individuals'' refers to the clients or customers of the public accommodation that enters into the contractual, licensing, or other arrangement.
Sec.36.203 Integrated Settings.
(a) General. A public accommodation shall afford goods, services, facilities, privileges, advantages, and accommodations to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
(b) Opportunity to participate. Notwithstanding the existence of separate or different programs or activities provided in accordance with this subpart, a public accommodation shall not deny an individual with a disability an opportunity to participate in such programs or activities that are not separate or different.
(c) Accommodations and services. (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available under this part that such individual chooses not to accept.
Title IX was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equal treatment in all arenas of public schooling: recruitment, admissions, educational programs and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual harassment, and athletics.
No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.
Title IX Pregnancy and Related Conditions
U.S. Department of Education regulations 34 C.F.R. § 106.40(b) concerning pregnancy and related conditions. The regulations provide, in pertinent part,
that a college that is a recipient of federal funding shall not discriminate against any student on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom. Specifically, educational institutions such as CUNY that are covered by Title IX must treat these conditions in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan or policy. In the event that the educational institution does not maintain a leave policy for its students, or in the event that a student does not otherwise qualify for leave under the policy, the institution is required to treat such condition as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.
This means that CUNY must give all students who might be, are, or have been pregnant the same access to school programs and educational opportunities that other students have. Absences due to medical conditions relating to pregnancy must be excused for as long as medically necessary and the students must be given the opportunity to make up missed work, with the goal of having the student graduate on time, if possible and if desired by the student. Professors and administrators should not tell students that they have to drop out of their classes or programs or change their educational plans due to their pregnancies or related conditions. And CUNY cannot terminate or reduce athletic, merit or need-based scholarships based on pregnancy. These rules supersede any school-or instructor-based attendance or other policies regarding allowable numbers of absences or ability to make up missed school work.
Queens College does not discriminate against any student on the basis of pregnancy and/or any pregnancy-related medical condition(s). Absences due to medical conditions relating to pregnancy will be excused for as long as deemed medically necessary by a student's doctor and students will be given the opportunity to make up missed work. Students needing assistance can seek accommodation from the Office of Special Services at 718.997.5870, or Title IX Coordinator at 718.997.5888.
As per: U.S. Equal Employment
Opportunity Commission on ADA 2014
I. Pregnancy Discrimination:
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. However, “ADA does not consider a normal pregnancy to be a disability”.
II. Pregnancy Discrimination & Work Situations:
The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
III. Pregnancy Discrimination & Temporary Disability:
If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee.
For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.
Additionally, impairments resulting from pregnancy (for example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced hypertension and protein in the urine) may be disabilities under the Americans with Disabilities Act (ADA). An employer may have to provide a reasonable accommodation (such as leave or modifications that enable an employee to perform her job) for a disability related to pregnancy, absent undue hardship (significant difficulty or expense). For information about the ADA Amendments Act, see http://www.eeoc.gov/laws/types/disability_regulations.cfm.
IV. Pregnancy Discrimination & Harassment:
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
V. Pregnancy, Maternity & Parental Leave:
Under the PDA, an employer that allows temporarily disabled employees to take disability leave or leave without pay, must allow an employee who is temporarily disabled due to pregnancy to do the same.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
Further, under the Family and Medical Leave Act (FMLA) of 1993, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid or paid if the employee has earned or accrued it) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave and the employer must have a specified number of employees. See http://www.dol.gov/whd/regs/compliance/whdfs28.htm.
VI. Pregnancy & Workplace Laws:
Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. Nursing mothers may also have the right to express milk in the workplace under a provision of the Fair Labor Standards Act enforced by the U.S. Department of Labor’s Wage and Hour Division. See http://www.dol.gov/whd/regs/compliance/whdfs73.htm.
For more information about the Family Medical Leave Act or break time for nursing mothers, go to http://www.dol.gov/whd, or call 202-693-0051 or 1-866-487-9243 (voice), 202-693-7755 (TTY).
VII. Parking Permits: For pregnancy, are approved according to the individual and disability. Meaning, if the pregnancy is at high risk
The pregnancy is considered temporarily disabled and requires accommodations: parking is a proved. If the pregnancy is not high risk, it is not considered a disability therefore, parking is not approved. However, all pregnancies are evaluated according to the individual needs and all considerations’ are open to approvals.
Under the applicable regulations, tutoring is a personal service. Therefore, it need not be provided unless the school provides tutoring to other students, in which case it must make that tutoring program accessible to students with disabilities. as per regulations. Tutoring is not a required accommodation under either the ADA or section 504 of the 1973 Rehabilitation Act.
Title V Regulations 58168. Tutoring.
Tutoring, when provided by the college, shall be considered a method of instruction that involves a student tutor who has been successful in a particular subject or discipline, or who has demonstrated a particular skill, and who has received specific training in tutoring methods and who assists one or more students in need of special supplemental instruction in the subject or skill. Student attendance in tutoring is eligible for apportionment only in a noncredit course offered under the provisions of Education Code section 84711(a)(2).
Apportionment may be claimed for individual student tutoring only if all the following conditions are met:
(a) The individual student tutoring is conducted in a designated learning center.
(b) The designated learning center is supervised by a person who meets the minimum qualifications prescribed by Section 53415.
(c) All tutors successfully complete a course in tutoring methods and the use of appropriate written and mediated instructional materials and which includes supervised practice tutoring. This requirement may be waived by the chief instructional or student services officer on the basis of advanced degrees or equivalent training. All tutors shall be approved by a faculty member from the discipline or disciplines in which the student will tutor.
(d) All students receiving individual tutoring are enrolled in a noncredit course carrying Taxonomy of Programs number 4930.09, which is entitled "Supervised Tutoring."
(e) Students are assigned to the Supervised Tutoring course by a counselor or an instructor on the basis of an identified learning need.
(f) An attendance accounting method is established which accurately and rigorously monitors positive attendance.
(g) Student tutors may be remunerated but may not be granted academic credit for tutoring beyond that stipulated in (c) above.
(h) The district shall not claim state apportionment for tutoring services for which it is being paid from state categorical funds.
NOTE: Authority cited: Sections 70901 and 84500, Education Code. Reference: Sections 70901, 84500 and 87356, Education Code. information under the Regulations and Guidelines. Standing Orders of the Board of Governors
Office of Special Services for Students with Disabilities
Office: Frese Hall, room 111
Telephone: 718-997-5870 / Fax: 718-997-5895