Welcome to the Americans With Disabilities Act section of our webpage.
This front page will reflect our most current information on federal disabilities law affecting educational institutions.
Notice of Proposed Rulemaking to amdend Title II and III regulations to implement ADA Amendments Act of 2008, 79 Fed. Reg. 4839, Jan. 30, 2014
In this NPRM, the Department is proposing to add new sections to its title II and title III ADA regulations at 28 CFR Parts 35 and 36, respectively, to provide detailed definitions of disability and to make consisentent changes in other sections of the regulations. The ADA Amendments Act authorizes the Attorney General to issue
regulations consistent with the Act that implement the definitions of disability in sections 3 and 4 of the Act, including the rules of construction set forth in section 3.
Law School Admissions Council v. State of California; (Jan. 2014) (3rd App. District)
In case over whether law allows LSAC to flag test scores of those who received accommodations, appelate court reversed grant of preliminary injunction for LSAC. No equal protection violation in not allowing LSAT to flag scores, as no one else is similarly situated.
Argenyi v. Creighton University, Case No. 8:09CV341, U.S. Dist. Court, District of Nebraska, decided 12/19/13 In this case, a medical student with a hearing disability brought suit under Title III of the ADA and Section 504 of the Rehabilitation Act. The plaintiff does not know sign language, but does read lips and uses cued speech. He also relies on Communication Access Real Time Transcription, or CART services. His physician recommended CART services along with other accommodations. Argenyi paid for certain CART services and interpreters on his own for the first two years of med school when the school refused to provide the accommodations. He took a leave when the University would not allow interpreters in some of the clinical settings. While the court denied his request for the University to reimburse him for the money he expended on accommodations in years 1 and 2, the court granted his motion for injunctive relief for years 3 and 4 of medical school and ordered as follows:
Beginning in the fall semester of 2014, and continuing until his graduation or the discontinuation of his enrollment as a medical student, Creighton University will provide Michael Argenyi with auxiliary aids and services for his effective communication, including Communication Access Real-time transcription (CART) in didactic settings and sign-supported oral interpreters in small group and clinical settings.
Commercially Available e-Books and Accessibility by Van Credle, Assistive Technology Specialist, Disablity Support Services, The Catholic University of America
This agreement concerned exclusion of a blind student from course offerings by use of an online learning product, MyOMLab, which violated Title II of the ADA. Within 120 days of the Agreement, the University has to revise its policies and reference the deployment of accessible technology and course content as set forth in Exhibit I, among other corrective measures, which includes Training, Reporting, and a payment to the complainant of $23, 543. See also the DOJ Press Release.
Department of Justice, Education and Health and Human Services letter dated June 12, 2013 Issued to Health Related Schools Regarding Hepatitis B Discrimination: The letter cites to CDC 2012 guidance titled Updated CDC Recommendations for Management of Hepatitis B Virus-Infected Health Care Providers and Students. These updated recommendations reaffirm the 1991 CDC recommendation that HBV infection alone should not disqualify infected persons from the practice or study of surgery, dentistry, medicine, or allied health fields.
National Law Limitations and Exceptions Regarding Accessible Format Copies
1. (a) Contracting Parties shall provide in their national copyright laws for a limitation or exception to the right of reproduction, the right of distribution, and the right of making available to the public as provided by the WIPO Copyright Treaty (WCT), to facilitate the availability of works in accessible format copies for beneficiary persons. The limitation or exception provided in national law should permit changes needed to make the work accessible in the alternative
(b) Contracting Parties may also provide a limitation or exception to the right of public performance to facilitate access to works for beneficiary persons.
2. A Contracting Party may fulfill Article 4(1) for all rights identified therein by providing a limitation or exception in its national copyright law such that:
(a) Authorized entities shall be permitted, without the authorization of the copyright rightholder, to make an accessible format copy of a work, obtain from another authorized entity an accessible format copy, and supply those copies to beneficiary persons by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve those objectives, when all of the following conditions are met:
(i) the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;
(ii) the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;
(iii) such accessible format copies are supplied exclusively to be used by beneficiary persons; and
(iv) the activity is undertaken on a non-profit basis;
(b) A beneficiary person, or someone acting on his or her behalf including a primary caretaker or caregiver, may make an accessible format copy of a work for the personal use of the beneficiary person or otherwise may assist the beneficiary person to make and use accessible format copies where the beneficiary person has lawful access to that work or a copy of that work.