Expect Success > Background
Disability is a natural part of the human experience ...
-- The 104th Congress of the United States
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 are Civil Rights laws. They affirm that people with disabilities should have access to the social, economic, educational and cultural aspects of national life. Their impetus is the assertion by people with disabilities of their inalienable right to be treated as equals.
The first Civil Rights law in the world for people with disabilities was passed in 1968. It was known as the Architectural Barriers Act. It required Federal facilities to be physically accessible for wheelchair users and others with mobility limitations. Its true significance, however, was to redefine disability in a civil rights context. Thus, disability now had to be considered, not as a medical problem, but as a social problem. The law acknowledged that barriers in federal buildings denied entrance arbitrarily to citizens who experienced significant mobility limitations, such as wheelchair users. Thus, it prevented their full participation in government by the people, of the people, for the people. (Note: The author of the Act, historian and former Senate aide Hugh Gregory Gallagher, was a President's Lecturer at the University of Montana-Missoula in March, 1998.)
In 1973, the Civil Rights concept of disability was expanded to all aspects of Federal government and its contractors. Section 504 of the Rehabilitation Act stated that no person with a disability would be discriminated against as long as that person was otherwise qualified, and that reasonable accommodations would be made for such individuals. The regulations to implement Section 504 languished for four years. Finally, in April, 1977, disability activists responded to an effort within the Carter administration to weaken the unpublished regulations. The activists occupied federal buildings around the U.S., and forced Health Education and Welfare Secretary Joseph Califano to publish them, unchanged.
In 1990, the Americans with Disabilities Act was signed into law by George Bush. It was drafted by conservative Reagan appointees to the President's National Council on the Handicapped, now the National Council on Disability. Ironically, President Reagan intended the Council to eliminate or weaken Section 504 in his political agenda to deregulate federal government. Instead of dismantling the civil rights protection, the Council advocated for stronger protections. ADA expands the essential concepts of Section 504 to all aspects of American society such as private employers, public accommodations (i.e., restaurants and motels), and the Telephone Relay System for the Deaf. Under Title II, the ADA strengthened the responsibility of public entities, such as state and local government, (including the University of Montana-Missoula), to ensure that qualified students with disabilities will not be discriminated against. Significantly, Title V of the ADA gives people with disabilities the opportunity to take their cases to court and to receive punitive damages along with their attorneys' compensation. These additions give greater force to the law with which to overcome discrimination.
In short, Section 504 and Title II of the Americans with Disabilities Act (ADA) prohibit discrimination against students with disabilities who are otherwise qualified, and that when appropriate, such students must be provided reasonable accommodations. Programs, but not necessarily all buildings or classrooms, must be accessible to students with disabilities. This is often referred to as program access.
In other words, students have a right to access upon meeting the qualifications. Once qualifications are met, it is illegal to arbitrarily eliminate students with disabilities solely on the basis of their physical or mental condition. To do so would be discrimination. Failure to remove program barriers by refusing or denying reasonable accommodation would also be a form of illegal discrimination. The law does not mean that students get special considerations, but that they should enjoy a level playing field in which to compete, succeed and thrive.
Violation of Section 504 carries with it the threat of loss of Federal funds, including Federal research grants and student financial aid. The University of Montana came under such threats in 1984 and in 1990, when the U.S. Dept. of Education's Office of Civil Rights (OCR) found that UM-Missoula was discriminating against students with disabilities. In the latter instance, after investigating a complaint brought by five UM-Missoula students, OCR termed the discrimination to be "blatant and widespread." UM-Missoula quickly agreed with OCR to remove program barriers and create both physical and attitudinal access on campus. The effects of that agreement are still apparent in several important ways. The most visible changes in access, of course, are the continuing progress in physical access (i.e., ramps and elevators) and the presence of sign language interpreters for deaf students in classrooms. Even more dramatic, however, is the steady increase in the number of students with disabilities.
During the late 1970s and throughout the 1980s, the number of students with disabilities identified on the Missoula campus remained around 100 to 120. This was a time notable for its lack of progress and indifference on the part of several University Presidents, the time when OCR termed discrimination on campus to be "blatant and widespread." However, following its agreement with OCR, progress began to be made in auxiliary services and coordination from Disability Services. Disability Services staff was expanded and its budget increased. As this happened, the number of students identifying themselves as having disabilities began to grow steadily.
By 1994, Disability Services served nearly 400 students with disabilities; during Autumn 1998, we served 586 students with self-identified disabilities. Of those, about 43 percent were students with learning disabilities or attention deficits students whose disabilities are not readily apparent. Increases in the number of students with psychiatric disabilities and other conditions which are invisible, though still small, have also grown consistently.
Thus the presence of people with disabilities of all kinds has been uncovered and is now an indelible part of the University's history. Disability rights advocates, when regarding these changes, can only remark with the truism: "Access first, people with disabilities will follow." Though many UM students with disabilities still harbor shame and fear discrimination, their numbers suggest that they increasingly feel they have at least a small amount of power to fight back with which they indeed stand a chance.
A Disability Services staff member was once asked this question by a faculty member. It may be useful to examine some of the possible assumptions about disability which inform it. For example, it may be argued that the question assumes that disability is still "the other," somebody else's problem. It may suggest that care-taking is necessary for students with disabilities, because the assumption is that they can't adequately take care of themselves or compete successfully under normal academic conditions.
These ideas correspond with the medical view of disability at least from the point of view of people with disabilities. Disability is seen as pathology, not as a static state of being. Loss of various physical and mental functions are generalized to the whole person, and thus disability is equated with incompetence and becomes a custodial subject under the medical hierarchy.
Under laws governing special education in public schools, children with disabilities are entitled to free and appropriate education. This means that they may not be excluded from public schools because of a disability. Schools must assess, determine and provide educational services tailored to the student's disability.
In higher education, this is not the case. The medical and special education models imply that someone is either monitoring and making decisions for students with disabilities or always looking out for them, assisting them in reaching the most positive and individual educational experience possible. At the University of Montana-Missoula, Disability Services for Students is responsible for:
These are civil rights charges. Civil rights imply the strong responsibility on the part of the individual to conduct themselves as first-class citizens. Students must:
Disability Services does not have either the right or the responsibility to look over the shoulders of students with disabilities. Students are ultimately responsible for themselves. Disability Services works with students and, when appropriate, with their instructors, to determine two things. First, which accommodations are reasonable and second, identify other student services that may be appropriate and refer students to them. Disability Services gives students some possible designs as well as the tools needed to build a level playing field for themselves. In the end, the access a student builds is their own.
Disability Services for Students is a stand-alone student affairs office at The University of Montana-Missoula. We serve students with disabilities in a civil rights capacity. Our Mission, Goals, and Vision Statements appear in Expect Access. Disability Services is staffed by more than 10 professionals as well as student program/academic assistants. Our activities are supervised by the Vice President of Student Affairs.
The Disability Services main office is in Corbin Hall 032. Office hours are from 8 a.m. to 5 p.m. Monday through Friday throughout the calendar year. The telephone, (406) 243-2243, is accessible either by voice or text telephone for the deaf.
Disability Services also staffs a part-time satellite office at the east campus of the College of Technology located at 909 South Ave. West. The office is in the Administrative Building, Room 09C. To make an appointment call (406) 243-7884, or call Disability Services to make an appointment on either campus.
The University of Montana-Missoula adheres to the civil rights definition of disability. Eligibility for protection under the ADA and Section 504 requires the applicant to meet one of the following three criteria:
Examples of disabilities include, but are not limited to the following:
Disability Services obtains current written documentation in order to verify the existence of a disability. Verification includes a diagnosis, description of the functional limitations that may affect academic performance, rating of severity and a recommendation for accommodations. Documentation used in verifying a disability contains a printed and signed name of a physician, psychologist, rehabilitation counselor, social worker or other authority qualified to assess the disability and who is not related to the student. With respect to Learning disabilities, Attention deficit/Hyperactivity Disorders, and Psychiatric Disabilities Disability Services maintains specific verification requirements. These standards are based on excepted professional guidelines for disability in higher education. To review these standards see the Documentation Requirements page on this website. At times, Disability Services requests additional documentation. All documents are regarded with strict confidentiality. A disability must limit functioning in school before one can receive an accommodation. The effect of a disability on program access is referred to as a functional limitation. A physical or mental condition, in and of itself, does not necessarily require accommodation. There must be a logical link between the functional limitation stemming from the disability and the accommodation requested. Disability Services coordinators first identify functional limitations through discussion with the student and review of documentation. Then, the coordinator provides the student with information about the accommodations for which the student is eligible. Lastly, the student chooses the accommodation(s) that address his or her functional limitations in most the suitable way(s). Example: When students apply to The University of Montana-Missoula, they must demonstrate to Admissions & New Student Services staff that they meet the admission standards for this institution. They provide their high school transcripts, college entrance scores (ACT or SAT) and any other important information about themselves which may indicate their potential to succeed and contribute in The University's diverse campus community. If a student with a disability has been accepted to the University, that student has demonstrated that he or she is a qualified individual, despite having a disability. Thus, the University must then attempt to remove barriers within the student's program. Every person is not entitled to attend college and receive a bachelor's degree. However, any individual who meets admission standards should have an opportunity to earn a degree. Disability is not the main criteria with which to determine the qualifications for that opportunity. Following admission, we expect each individual to continually demonstrate that they are otherwise qualified by meeting or exceeding the academic standards set by the institution. And they must do so whether or not they have accommodations. Reasonable accommodations are changes in the learning environment that permit students with disabilities to compete at the University. The accommodations modify nonessential elements of University programs. Expect Access contains a list of reasonable accommodations and descriptions of the accommodations. Examples include, but are not limited to: Disability Services coordinates and provides reasonable accommodations to qualified students with disabilities. Accommodations are individualized to address specific functional limitations resulting from a disability. There must be a logical link between the functional limitation and the accommodation. Understanding this phrase is critical to understanding the distinction between a civil right and, by comparison, an entitlement. Put bluntly, it's legal and even okay for a student with a disability to flunk out of college. Section 504 and the ADA do not guarantee success. They do not mandate a "safety net" intended to keep students with disabilities in college at any cost. Students with disabilities must perform at the level that their academic and professional programs expect of all students. The University attempts to level the playing field for students whose disabilities have been verified and who request accommodations. Ultimately, the students' work must be their own and be of a satisfactory quality. In addition to guaranteeing civil rights to program access, the ADA also guarantees any individual with a disability the absolute right to refuse any accommodation. Disability Services is not responsible for making sure a student requests accommodations. However, Disability Services will ensure that requested and approved accommodations are addressed. Coordinators rely heavily on documentation of the disability when determining accommodations. Also, they draw the student into a discussion of limitations and possible strategies. Accommodations not requested by students will not be provided. The bottom line is that students with disabilities must perform at satisfactory levels in their academic pursuits at UM-Missoula. If they do not request reasonable accommodations and perform poorly without them, their civil rights have not been violated. The student must then deal with the consequences of unsatisfactory academic progress.What are functional limitations?
A blind student cannot see to read print in textbooks. The disability, blindness, causes the functional limitation, an inability to read printed text. Thus, the blind student may choose the accommodation of reading the text in an alternative format such as Braille or using an employee who reads the text aloud. On the other hand, blindness doesn't prevent one's ability to take notes during a course lecture -- Braille and other electronic devices can be applied for this task. Therefore, a blind student may not be eligible for the accommodation of note-taking services because the functional limitations of blindness do not affect the ability to take notes using Braille or by electronic means. What is meant by otherwise qualified?
What is a reasonable accommodation?
extended testing times
tape cassette books
sign language interpreters
course relocations to physically accessible classrooms
What is meant by with or without accommodations?