[nabs-l] Is providing tutors or aids under the ADA for publiccolleges?

Sat Dec 7 06:39:48 UTC 2013

Hi Arielle,
Well said and I agree. All colleges are different, even state schools, so 
just because one college had aids does not mean other schools will.

Ashley

-----Original Message----- 
From: Arielle Silverman
Sent: Saturday, December 07, 2013 1:15 AM
To: National Association of Blind Students mailing list
Subject: Re: [nabs-l] Is providing tutors or aids under the ADA for 
publiccolleges?

Hi Brandon,

First, I think it is necessary to distinguish between personnel who
provide accessibility (readers or aides) and personnel who assist with
mastering or practicing material once it is learned (tutors). In the
case of blindness, accessibility personnel may be a relevant
accommodation but tutoring is a different thing and something not
directly relevant to blindness. I think it can be problematic to rely
on the same person for both accessibility (telling you what is written
on the board or in your textbook, a blindness accommodation) and
tutoring (helping you review material or teaching you stuff you don't
quite understand, something that is generally helpful but not
blindness-related). These are two separate roles, and especially if
you plan to use your reader for test-taking, having them also be your
tutor is a problem. Furthermore, most universities and colleges
provide some form of free tutoring to all students, so I wouldn't
consider tutoring a blindness accommodation. An aide or reader, on the
other hand, may be an appropriate blindness accommodation. However, I
think the law can get a little fuzzy as far as how much colleges are
actually required to provide. I know that some colleges and
universities don't have any form of disability services office and so
the responsibility for securing accommodations falls to students and
professors. Reader funding can often be obtained from voc rehab, and
many would argue that is a better system since it gives students more
power to choose who will be assisting them and to set their terms of
employment. So I'm not sure your college or department is necessarily
legally required to provide you with a reader in class. I would
suggest finding out what kinds of tutor support services are available
to all students and also talk to your professor about simple,
inexpensive ways he/she can make the class more accessible for you. If
you are still struggling, could you get funds from voc rehab to hire
your own reader and bring him/her to class with you as needed? You
shouldn't need your professor's permission to do this.

Best,
Arielle

On 12/6/13, Brandon Keith Biggs <brandonkeithbiggs at gmail.com> wrote:
> Hello,
> I am taking a class at my college and the Accessibility services
> department insists the ADA doesn't say they need to provide an aid or
> tutor for me in a language class. In my last college I had aids for all
> my math and science classes. At this new college, language is just as
> hard and both colleges are state colleges.
> I am wondering what is the deal with one giving aid and tutoring and the
> other firmly saying they don't need to?
> I believe section 504 of the ADA is where all this is talked about.
> This is from:
> http://www.wrightslaw.com/info/section504.ada.peer.htm
>
> "no qualified individual with a disability in the United States shall be
> excluded from, denied the benefits of, or be subjected to discrimination
> under" any program or activity that either receives Federal financial
> assistance"
>
> Isn't not providing eyes for a class that is focused on pictures
> discrimination? Then isn't not providing eyes for notes with pictures
> discrimination?
>
> "providing an opportunity to participate or benefit that is unequal to
> that provided others,"
>
> Despite the improper English, That means that I need to be able to be
> equal with my class mates in and out of class. In order for me to be
> able to ask the teacher questions, I need to be able to understand the
> materiel enough to ask questions.
>
> "providing different or separate benefits or services, unless it is
> necessary to provide benefits or services that are as effective as those
> provided to others."
>
> In this case it is necessary to provide a tutor so that I am able to
> completely understand lectures and complete assignments in a timely
> manor that helps me understand, like the assignments are supposed to do.
>
> "For benefits or services provided to be "equally effective," they must
> afford students with disabilities an equal opportunity to obtain the
> same result, gain the same benefit, or reach the same level of
> achievement as other students."
>
> Without a tutor and an aid, the class that I am in is not providing me
> with enough materials for me to succeed. I must have a tutor and an aid
> to both grasp what is talked about in class partly and to go over
> materiel after class to bridge any gaps I miss-understood or recorded
> wrong because the teacher was spelling too fast on the board.
>
> "have the effect of defeating or impairing accomplishment of the
> objectives of the education program"
>
> I am not learning my language, so I need help!
>
> "Examples of accommodations and modifications include modifying rules,
> policies or practices; removing architectural or communication barriers;
> or providing aids, services, or assistive technology."
>
> HM, says I need an "Aid" right there... Not tutor though.
>
> http://www.wrightslaw.com/info/section504.ada.peer.htm
>
> If that is not the section state colleges fall under, please let me
> know. Or if there are any other laws that I should know about, please
> let me know. Otherwise I will send this email to my counselors and their
> boss so they can see the quotes from the ADA.
> Thanks,
>
> --
> Brandon Keith Biggs
>
>
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