[Nfbc-info] Is providing tutors or aids under the ADA for public colleges?

Brandon Keith Biggs brandonkeithbiggs at gmail.com
Sat Dec 7 05:50:29 UTC 2013


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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