Know the 10 Basic Principles of the ADA as They Apply to Institutions

By J. Trey Duffy, with additional comments by George Bent

Below are ten main principles summarizing the essential underlying aspects of the Americans with Disabilities Act. They are used by most college campuses, including this one, as an institutional guide.

1. The ADA is a civil rights law intended to provide equal access and opportunity for people with disabilities. It’s not intended to provide special privileges. It is intended to eliminate discrimination.

2. Disability = Impairment + Substantial Limitation + Major Life Activity.
Determining impairments and major life activities is relatively straight-forward. Measuring what constitutes a “substantial limitation” is the complex aspect of determining disability. Not everyone with an impairment is disabled, only those whose impairments rise to the level of “substantial limitation” are qualified as disabled.

3. Documentation of disability. Students have an obligation to present documentation substantiating they have an impairment that is a substantial limitation to a major life activity. Colleges can question the documentation if the person is not an expert; if the person is not treating the student; and if a diagnosis is without supporting data. Colleges can request additional information if documentation is incomplete. They don’t have to take any action until a student provides appropriate documentation.

4. An individual must be otherwise qualified. In education this means the student must meet the academic and technical standards for admission or participation. However, if the qualifications for attending a specific event, such as a lecture or performance, is having a ticket, then an individual with a disability possessing a ticket is qualified. A person is not qualified if he is a danger to himself or others. If a student is determinded to be unqualified, the requirement must be proven to be essential and this standard must be applied to all. If something is essential, it must be based on a logical and rational basis.

5. Institutions must provide reasonable accommodations to qualified individuals with disabilities. Reasonable accommodations are modifications to policies, practices or environments that allow an individual with a disability equal access or opportunity.

6. Institutions do not need to provide a reasonable accommodation if it fundamentally alters the nature of the program or activity. For example, if a student, who because of his disability will miss several weeks of classes, asks for permission to work from home (and not attend classes) he may be denied if the instructor or college believes attending class is fundamental.

7. Students must self-identify, provide documentation, and request services and accommodations.

8. Institutions can decide on the type of accommodations to be provided and need not always provide what is requested. Accommodations need to be effective and reasonable.

9. Only individuals with a current disability are entitled to accommodations. An individual with a “history” of a disability is protected from discrimination but is not disabled for the purposes of receiving services and accommodations. For example, a student gets cancer. He requests and receives a reduced course load, a disability parking permit, a note-taker when he is unable to attend classes, and addition time on tests. Three years later, he is fully recovered and no longer disabled. While he is protected against discrimination related to his prior history of having cancer, he no longer qualifies for accomodations based on his earlier condition.

10. Institutional responsibilities. Colleges must provide clear and understandable documentation standards to students. If accommodations are denied based on the documentation, a written basis for the denial must provide information on the appeal process.

Check these basic principles of the ADA:

There are many principles underlying the ADA. Below are but a few of the fundamental guidelines.

Definition of disability: A person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities, or has a record of such an impairment, or is regarded as having such an impairment.

Definition of reasonable accommodation: A covered entity (i.e., college) must provide auxiliary aids and services and/or make reasonable modifications in its policies, practices,
and procedures in order to accommodate individuals with disabilities. A modification is not required if it would “fundamentally alter” the purpose or intent of the program or
activity.

J. Trey Duffy is the director of the McBurney Disability Resource
Center at the University of Wisconsin-Madison. He is also a past
president of the Association on Higher Education and Disability.

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