NC State University Disability Services for Students


The Law

Section 504 of the Rehabilitation Act of 1973 states that ...

"No otherwise qualified person with a disability in the United States ... 
shall, solely by reason of ... disability, be denied the benefits of, be 
excluded from participation in, or be subjected to discrimination under 
any program or activity receiving federal financial assistance."
A person with a disability includes ...
"any person who (1) has a physical or mental impairment which 
substantially limits one or more major life activities, (2) has a record of 
such an impairment, or (3) is regarded as having such an impairment." 
A "qualified person with a disability" is defined as one ...
"who meets the academic and technical standards requisite to admission 
or participation in the education program or activity." 
Section 504 protects the rights of qualified individuals who have disabilities such as, but not limited to: Under the provisions of Section 504 ...
Universities may not discriminate in the recruitment, admission, educational process, or treatment of students. Students who have self-identified, provided documentation of disability, and requested reasonable accommodations are entitled to receive approved modifications of programs, appropriate academic adjustments, or auxiliary aids that enable them to participate in and benefit from all educational programs and activities.

 Section 504 specifies that universities may not ...
Limit the number of students with disabilities admitted, make pre admission inquires as to whether or not an applicant has a disability, use admission tests or criteria that inadequately measure the academic qualifications of students with disabilities because special provisions were not made, exclude a qualified student with a disability from any course of study, or establish rules and policies that may adversely affect students with disabilities.

 Modifications and accommodations for students with disabilities include:

Section 504 of the Rehabilitation Act contains more specific information about compliance issues in post secondary education than the Americans With Disabilities Act (ADA). The ADA did extend the law to cover private institutions of higher education as well as those receiving federal funding. Universities and colleges can also expect to see more rigid enforcement of the law with the passage of the ADA.
 
Recent Legal Decisions
The university must provide the accommodation
After providing documentation of their disability, students are not required to assume the responsibility for securing a necessary accommodation. The university is required to provide reasonable accommodations for a student's known disability so that the student has an equal opportunity to participate in the courses, activities, or programs. The Office of Civil Rights (OCR) ruled that a university may not charge students for necessary accommodations.

Expense of accommodation is not undue hardship
Providing an auxiliary aid or incurring an expense to ensure access would not constitute undue hardship to the university. In determining what constitutes an undue hardship, the OCR views the entire financial resources of the university rather than any single department or college.

Altered form of exam
The form of an exam must be altered if the testing procedure puts a student with a disability at a disadvantage based on the student's documented disability. There may be an exception when the purpose of the test is to measure a particular skill.

Accommodation must be documented
The university may refuse to grant a student's request for an accommodation which is not specifically recommended in the student's documentation.

Handouts in alternate format
If a student with a visual impairment is enrolled in a class, the instructor must provide all handouts in the alternate format requested by the student. In addition, all handouts must be made available to students on the same day they are distributed to nondisabled students.

Classroom must be accessible
A classroom's location must be changed to provide accessibility for a student with a mobility impairment. The university does not need to make every classroom accessible but must provide for the participation of students with disabilities when "viewed in its entirety."

Material on reserve in library
The instructor must make course material on reserve in the library available in alternate formats for students with visual impairments.

Extended time
Extended time is a reasonable accommodation for a student whose documentation specifically calls for that accommodation. The university is required to ensure that the student is provided additional time to complete tests and/or course work in order to provide an equal opportunity for that student.

Condentiality of diagnostic information
Faculty/staff do not have the right to access diagnostic information regarding a student's disability. Faculty and staff need only know the accommodations that are necessary to guarantee an equal opportunity for the student.

Personal liability
An individual faculty member who fails to provide an accommodation to a student with a documented disability may be held personally liable.

Academic freedom
Academic freedom does not permit instructors to decide if they will provide special aids and services for students with documented disabilities in the classroom.

Testing accommodations
Accommodations for testing such as readers, scribes, or the use of adaptive equipment must be provided for a student with a documented disability.

Bulletin to identify 504 coordinator
The name of the Section 504 coordinator must be identified in recruiting materials such as application forms and school bulletins.

Housing options
A student with a disability is entitled to have more than one housing option presented if options exist for nondisabled students.

Student may file grievance
A student with a disability may not only file a claim with the U. S. Department of Education's Office for Civil Rights, but may also file a complaint with HUD.

Personal services and aids
The university is not required to provide personal services such as attendant care, or personal aids such as wheelchairs or eyeglasses.

Accessible programs
The university must operate its programs in the most integrated setting appropriate.

Housing room assignments
A student with a disability who needs attendant care is not automatically assigned to a single room.

Pre-admission
Pre-admission inquiries as to whether a person has a disability are not permissible.

Off-campus housing
If the institution provides assistance to nondisabled students for off-campus housing, then the institution must provide options to students with disabilities for accessible off-campus housing.

Accommodations for standardized testing
Scholarships based on standardized test scores must allow for accommodations for students with documented disabilities.

 Admissions criteria
The university may not use as sole criteria for admission or rejection a test that has been shown to be discriminatory for persons with disabilities.

Weight training
University must provide comparable opportunities for weight training to students with disabilities.

 Career counseling
Career counselors are prohibited from counseling a student with a disability into more restrictive career paths than are recommended to nondisabled students with similar abilities and interests.

 Job announcement postings
Postings for job announcements must be readily accessible to students with visual impairments.

Responsibilities

Responsibilities of the Students
Inorder to receive accommodations, students with disabilities have the responsibility to:

  1. Self-identify their disability status to the Disability Services Office in a timely manner.
  2. Provide disability documentation that is as recent as within the last three years.
  3. Request necessary accommodations.
Responsibilities of Faculty/Staff Members
If Notified in Writing
Faculty/staff members have the responsibility to cooperate with the DSO in providing authorized accommodations in a reasonable and timely manner. Faculty/staff should meet with students who provide a letter of request for accommodations to establish the means of providing accommodation.

If Not Notified in Writing
If a student requests accommodation and the faculty/staff member has not been notified of the student's need for accommodation, then the faculty/staff member should refer the student to the Disability Services Office. If the disability is visible and the accommodation appears appropriate, the faculty/staff member should provide the accommodation while awaiting official notification.

 If Questioning Appropriateness of Accommodation
If a faculty/staff member has questions about the appropriateness of certain accommodations, the DSO should be contacted for further clarification. The faculty/staff member should continue to provide accommodations while the issue is being resolved.

Definitions
Diagnostic information
The physician's/psychologist's report concerning the disability or condition.

 Reasonable accommodations
The specific recommendations of strategies, technology, or aids needed to provide the student with equal access to an education.
 

Faculty and staff do not have the right to access the student's diagnostic
information or fail to provide the authorized accommodation.
Faculty and staff do have the right to request verification of specific accommodations. 
Shared Responsibilities
Students with disabilities have the first responsibility to report their needs and provide the DSO documentation to the faculty in a timely manner as faculty are not required to anticipate special student needs. Faculty/staff members should keep students in mind when making special class arrangements such as field trips. On the syllabus, faculty/staff should invite students to inform them of their special needs as soon as possible to ensure that those needs are met in a timely manner. If a student waits until the day of an exam to ask for extended time or a separate testing area, the student has failed to make the request in a timely manner. If the student fails to ask for extended time until late in the semester, the instructor is only required to provide accommodations from that time and does not need to offer make up exams.

 When a student discloses a disability, faculty/staff members should ask what they can do to facilitate learning. Often it is as simple as allowing the student to sit in the front of the class.

 Faculty/staff members may not discourage students from specific fields of study if the student meets the admission requirements and maintains the appropriate grades and is otherwise qualified. Faculty/staff members are responsible to provide an education and the student is responsible to maintain the academic requirements.

Procedures for Testing Accommodations 

  1. Student presents letter from the DSO stating specific testing accommodation needed, i.e. extended time, "distraction free " room, large print, computer version, scribe, etc.

    2.  

    *"distraction free" is a quiet, separate location, i.e. empty classroom, office, etc. 

  2. Student and professor discuss how accommodations can be provided by the professor. Due to extremely limited space in the DSO, it is the professor's and the department's primary responsibility to identify means of providing distraction-free room within their department, including proctors (administrative assistants, teaching assistants etc.). The DSO staff is available to answer any questions and provide technical support, if needed.
  3. IF a department is unable to provide an accommodation, the professor must fill out a DSO Modified Testing form and return it to the DSO either through campus mail or FAX (515-8525) no later than one week before the first test. 

    4. a) Each test date for the semester must be listed, with any special test administration instructions included for each testing date. 
    b) Form includes space for professor to indicate how tests will be delivered to the DSO, i.e. campus mail, fax, work-study student delivery. Test needs to be at the DSO no later than 24 hours before the test (See form for security procedures). 
    c) Form includes space for professor's instructions on how the test is to be returned. Each test is accompanied by an Honor Code form signed by the student after taking the test. 
NCSU Campus Resources

Disability Services Office (DSO)
The Disability Services Office, the official contact for persons with disabilities who request services and accommodations, is located in the 1900 Suite of the Student Health Services building.  This office can be reached at 919.515.7653 (Voice) and 919.515.8830 (TTY).  Faculty, Staff, & Students with disabilities must self-identify with the DSO and provide documentation of their disability from an appropriate source. DSO staff serve as advocates for Faculty, Staff, & Students with disabilities and assist them in achieving equal access to all university programs and services. The staff are available to consult with faculty, administrators, and staff concerning appropriate accommodations or services for Faculty, Staff, & Students with disabilities.

Specific services provided by the DSO:

Technology available for student use: see http://www.ncsu.edu/dso/at/at.html
Woman using assistive computer technology
Next Section || Reference Guide Introduction

Updated May 14, 1999
By Sheri Plenert