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

[ckrugman at sbcglobal.net]

Part of the confusion is that Section 504 is not part of the ADA. Section 
504 is part of the Rehabilitation Act of 1973 and subsequent 
reauthorizations.
Chuck
----- Original Message ----- 
From: "Brandon Keith Biggs" <brandonkeithbiggs at gmail.com>
To: "National Association of Blind Students mailing list" 
<nabs-l at nfbnet.org>; "NFB of California List" <nfbc-info at nfbnet.org>
Sent: Friday, December 06, 2013 9:50 PM
Subject: [Nfbc-info] Is providing tutors or aids under the ADA for 
publiccolleges?


> 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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