UNDERSTANDING THE SCOPE OF W&L'S RESPONSIBILITIES TO STUDENTS WITH DISABILITIES

Section 504 of the Rehabilitation Act and the Americans with Disabilities Act prohibit colleges and universities from  discriminating against qualified students with disabilities on the basis of disability in educational programs and activities.  Some students with disabilities entering W&L may have had an "individualized education plan" (IEP) while in the public school system, which may have framed their expectations as to what obligations postsecondary institutions have in addressing their disabilities.  It is important that students and parents understand the IEP is a requirement of the Individuals with Disabilities Education Act (IDEA), an Act that does not apply to colleges and universities.

Q:        What does W&L's non-discrimination mandate mean for students with disabilities?

A:        W&L is committed to making its educational programs and services accessible to a qualified student with disabilities by: (1) providing architectural access; (2) providing aids and services necessary for effective communication; and (3) by reasonably modifying policies and practices as necessary to accommodate student disabilities.

W&L may deny services or accommodations if a student does not meet the eligibility criteria of 504/ADA, or if the student's documentation is inadequate in the judgment of the designated Dean.  W&L is not required to provide an accommodation that compromises the essential requirements of a course or program (in other words, that would fundamentally alter a program), imposes an undue financial burden on the overall institutional budget, or poses a health/safety threat.

Q:        What does it mean to be a "qualified student with a disability"?

A:        A student with a disability is a student who has a physical or mental impairment (e.g., blindness, paraplegia, schizophrenia) that substantially limits one or more major life activities (e.g., walking, seeing, learning, working.)

To be "substantially limited" by an impairment means that a student cannot perform a major life activity that the average person in the general population can perform, or that a student is significantly restricted in performing that activity compared to the average person.  [For example, Student A has a hearing impairment that significantly restricts her ability to hear compared to the average person, even with the mitigation of a hearing aid.  Her ability to hear is substantially impaired because it is limited in comparison to the average person; thus, she has a disability for purposes of 504/ADA.  By contrast, Student B has a hearing impairment, but with his hearing aid, he can hear as well as the average person.  Therefore, Student B is not a person with a disability for purposes of 504/ADA.] [To use another example, Student A has average intellectual ability and an impairment (dyslexia) that limits his ability to learn so that he can only learn as well as ten percent of the population.  His ability to learn is substantially impaired because it is limited in comparison to most people.  Therefore, Student A has a disability for purposes of 504/ADA.  By contrast, Student B has superior intellectual capability, but her impairment (dyslexia) limits her ability so that she can learn as well as the average person.  Student B's impairment does not substantially limit the major life function of learning because it does not restrict her ability to learn as compared with most people in the general population.  Therefore, Student B is not a person with a disability for purposes of 504/ADA.]

A "qualified student with a disability" is a disabled student who, with or without a reasonable accommodation (in the form of architectural access, communication aids/services, or modification of policies or practices) meets the university's essential eligibility requirements.

Q: Must students with disabilities disclose and document their disabilities?

A:        If you do not need any accommodation, you can choose not to disclose your disability.  However, if you feel that you need an accommodation because of your disability, you should make your disability and requested accommodation known to the designated Dean under W&L's policy. 

Once you have initiated a request for accommodations, the designated Dean will talk with you about what current documentation he/she will need to establish that you have a qualifying disability and what accommodations you need because of that disability.  If you do not initially provide adequate current documentation, it will be your responsibility to obtain any necessary new evaluations and documentation.

Q:        Whom should I contact with other questions about W&L's policy and procedures for accommodating students with disabilities?

A:        Undergraduate programs:        Office of the Associate Dean of the College for Student Academic Support

                                                           Washington Hall 23

                                                           Washington and Lee University

                                                           Lexington, Virginia 24450

                                                           (540) 458-8746

            Law School programs:             Office of the Associate Dean for Student Services

                                                           Sydney Lewis Hall 528

                                                           Washington and Lee School of Law

                                                           Lexington, Virginia 24450

                                                           (540) 458-8533