What should be the response to accommodation requests made by parents on behalf of their son or daughter?
Can parents request accommodations on their son or daughter’s behalf without the student’s agreement and/or participation?
In Brown Mackie College, 03-04-2084 (OCR 12/10/2004), a parent requested accommodations on his son’s behalf but without his son’s active involvement. In that case, OCR ruled that the obligation of the institution to act was not triggered because the student failed to initiate the process by providing notice of his need for academic adjustments and making a specific request for accommodations. OCR has consistently ruled that it is the student’s responsibility to request academic adjustments, to adhere to the institution’s accommodation procedures and to actively participate in the process. The demands of parents do not obligate institutions to act if students fail to satisfy that responsibility. (See Brown Mackie College, supra and Texas Southern University, No. 06-02-2078 (OCR 12/06/2002)).
Therefore, if an institution is not obligated to act when a student simply never communicated a need for accommodations to the proper officials; it stands to reason that if the student objects to, denies the need for or refuses offers of accommodations the parents’ assertions that the institution must or should provide accommodations cannot trigger an obligation to act on the part of the institution. Institutions are not permitted to unilaterally act with respect to the provision of accommodations. They cannot require students to accept academic adjustments, auxiliary aids and services when students have not requested such. Northwestern Michigan College, No. 15-02-2047 (OCR 02/10/2003)).
Can parents use the fact that their son or daughter signed a written consent under FERPA to provide them information regarding their children’s educational services to insist that they are entitled to participate in all meetings to determine what accommodations are provided and/or to directly interact with faculty?
OCR has consistently ruled that institutions can adhere to policies and procedures that specifically require that students initiate the process, be active participants in the accommodation process, and maintain direct interactions with responsible institution officials. (See Doane College, No. 07092063 (OCR 2009), University of Notre Dame, No. 05-04-2113 (OCR 2004) and Brown Mackie College, 30 NDLR 207 (OCR 2004)) It is appropriate for institutions to insist that the individual who is enrolled, i.e., the student, be the frontline in these matters. Additionally, asserts by parents that their son or daughter cannot take responsibility for managing the accommodation process raises issues regarding the qualified status of the student.
It is also important to remember that written consent provided by students under FERPA only entitles parents to information regarding their sons and daughters educational program. Such consent does not entitle parents to participate in the process. Further, a grant of consent under FERPA only permit institutions to provide information to parents it does not require action on the part of institutions.
Subscribers to DisabilityDirectResponse.com can view a full discussion of best practices and a summary of pertinent cases and agency rulings on the site in the Compliance Library under Parental Involvement.
Pursuant to 34 C.F.R. Sec. 104.22(f) colleges and universities are responsible for implementing policies and procedures “to ensure that individuals with disabilities can obtain information regarding the existence and location of services, activities and facilities that are accessible to and usable by them. The term ‘activities’ encompasses all extracurricular offerings and events that take place at [colleges and universities], such as theatrical performances, concerts, lectures, athletic events, student organizational meetings, or any other activity, whether sponsored by a department, an approved student organization, or a residential house.”
Processes and procedures that merely focus on assisting sponsoring entities in fulfilling the responsibility to provide access as events are planned and organized are not sufficient. There also must be processes and procedures directed towards advising students, prospective audience members and participants regarding accessibility of the campus as well as specific events, activities, performances, etc… . Individuals should be provided information concerning accessible locations, activities and facilities. Additionally, notice should be provided concerning the offices and/or individuals who should be contacted regarding accommodation needs.
Procedures should be adopted to a) disseminate and make readily available accessibility information to students, as well as, members of the public seeking to attend events and activities; and b) ensure that sponsoring entities identify a contact person for providing accessibility information and responding to accommodation requests. It is not enough for institutions to publish such procedures. Institutions must actively enforce them to ensure that they are uniformly followed.
The fact that the institution has a ADA or Disability Coordinator who assumes responsibility for being a source for accessibility information and/or arranges for accommodations when an individual makes a specific request does not satisfy the institution’s compliance obligation. OCR has rule that the availability of one person does not satisfy the statutory obligation to put in place “a procedure ensuring that persons with disabilities can obtaining information regarding the existence and location of facilities that are accessible.”
(See Harvard University, No. 01-03-2053 (OCR 2006)).