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

[Steve Jacobson]

Approach this as asking for reader service.  I am not sure if there is a requirement that tutors or "aids" be provided without other criteria.  You are asking 
for more than "eyes" or for making the course "accessible."

Best regards,

Steve Jacobson

On Fri, 06 Dec 2013 21:50:29 -0800, Brandon Keith Biggs 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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