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Enforcing the Disabilities Law

July 19, 2006

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Among college officials, it's widely known that many campus facilities do not comply with standards for accessibility required by the Americans With Disabilities Act. Most colleges focus on the issue when they are adding new facilities or when they receive complaints from students or employees.

The U.S. Justice Department has become interested in the issue, however, and some colleges may be experiencing more scrutiny than they are used to about the ADA. The department this week announced a settlement in which the University of Chicago has pledged to make a series of improvements in facilities over the next four years and to regularly report its progress. The university denied the Justice Department's contention that it was violating the law, but agreed to make the changes nonetheless.

Chicago may soon have company. Its review was focused on Title III of the ADA, which deals primarily with facilities. About 10 other colleges are currently undergoing similar reviews, according to Cynthia Magnuson, a spokeswoman for the Justice Department's civil rights division. To date, only the Chicago review, which has been completed, has been announced.

Magnuson said that the reviews have not necessarily been prompted by specific complaints -- and Chicago officials stated that their review was not prompted by a complaint.

But Magnuson described the review process as "not random" and said that institutions are selected for reviews because "we're aware of certain problems." Department officials hope that the reviews will lead to improvements not only at the institutions being studied, but more generally in higher education, she said.

The compliance agreement with Chicago notes that the university must make improvements both in older and newer facilities (and meet those standards for any that are constructed in the future), and suggests that considerable work may be necessary. Among the tasks cited by the Justice Department for Chicago are:

  • Changing elements of facilities -- including doors, restrooms, signage and entrances -- that act as barriers for people with disabilities.
  • Ensuring that all buildings and facilities in which programs are offered to the public and students meet accessibility standards.
  • Creating systems for changing facilities or moving events if a person with a disability registers for an event.
  • Reviewing and possibly changing evacuation procedures and transportation services.
  • Ensuring that 3 percent of units (and adjoining bathrooms) in dormitories are accessible to people with disabilities and that a "reasonable number" of housing units have first floor common areas and bathrooms that could be used by visitors with disabilities.

A spokesman for the University of Chicago said that the institution is currently trying to figure out how much all the changes will cost. The spokesman stressed that many Chicago facilities are already in compliance with the law.

The Justice Department's new emphasis is something colleges need to watch, said Sheldon E. Steinbach, vice president and general counsel at the American Council on Education. "This seems to be new. It's possible that the department is looking to more aggressively enforce ADA," he said.

If the Justice Department does start to look at more colleges, Steinbach said that he thinks many institutions could be facing very large bills to pay for changes. Institutions in urban areas and older colleges are "particularly vulnerable," he added.

The irony, Steinbach said, is that most colleges have been working very hard on their own to make campuses more accessible and welcoming to students with disabilities, but much of the activity has taken place on a case-by-case basis. "We were doing this long before ADA," he said.

Richard Allegra, associate executive director of the Association on Higher Education and Disability, said that he welcomed an increased emphasis on complying with the ADA. "If a college is going to say that we are here to educate the students, and there are barriers to some students," he said, "they are not meeting their mission."

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Comments on Enforcing the Disabilities Law

  • the issues for most students
  • Posted by Ira Socol at Michigan State University on July 19, 2006 at 9:00am EDT
  • I wish they would begin enforcing (on both higher ed and k-12) the law in terms of information and communication technologies as well. Few universities meet the rules in terms of the technology needs of LD students, many have vast sections of their websites that are inaccessible, most have significant percentages of faculty members who do not know or respect the ADA or Section 504 law.

  • Posted by Kevin Guidry on July 19, 2006 at 10:35am EDT
  • And that's a real shame. Section 508, the specific section of the Rehab Act that deals with web-based and computer technology, is about as clear and straight forward as you can get. I'm not 100% sure if it actually applies to every institution (although I suspect it does) but it's essentially the W3C Web Accessibilty Initiative recommendations codified into federal law. So even if it doesn't apply it's still a *really* good set of requirements/recommendations.

  • Posted by Eric Crampton at University of Canterbury on July 20, 2006 at 4:30am EDT
  • If the Universities start forcing faculty members to bring personal websites up to ADA standards, aren't faculty way more likely to get off-site servers than to comply?

  • TTY's
  • Posted by Sheryl McGrath , Student on July 21, 2006 at 2:10pm EDT
  • I wish [NY] colleges had public TTY's in all buildings on each campus. Most colleges don't even have one public TTY with only one or two private TTY's locked in an office.

  • Addressing mobility for the disabled
  • Posted by Beverly James , grad student at University of the Pacific on July 28, 2006 at 4:35am EDT
  • One very big problem on my campus, is the amount of walking one has to do between buildings. This is very hard for the disabled to manage such as myself. I wish that the college provided individual scooters for it's students. The junior college I attended, had these; it made my education and getting from class to class so much easier and less stressful.