What Should I Do If My College Or University Fails To Provide Promised Accommodation For Students With Disabilities?

If your college or university fails to provide the promised accommodations for students with disabilities, it is important to take immediate action to protect your rights and ensure that you are receiving the support you are entitled to under disability rights laws. Institutions are legally obligated to provide reasonable accommodations to students with disabilities, and failure to do so could be considered discrimination.

Here are the steps you can take:

1. Review Your Rights and the Institution's Policies

• Understand Your Legal Rights: In many countries, students with disabilities are protected by laws that require educational institutions to provide reasonable accommodations. In the United States, for example:
  • Americans with Disabilities Act (ADA): This law mandates that colleges and universities provide appropriate accommodations to students with disabilities.
  • Section 504 of the Rehabilitation Act: This law also requires institutions that receive federal funding to make accommodations for students with disabilities.
• Check Your Accommodation Agreement: If you have already submitted documentation of your disability and requested accommodations, review the accommodation letter or agreement provided by the disability services office. This document should clearly outline the accommodations promised by the institution.

2. Document the Failure to Provide Accommodations

• Record the Situation: Keep detailed records of the accommodations that were promised but not provided. This might include specific services (e.g., extended exam time, sign language interpreters, accessible classrooms, assistive technology) that you were expecting but did not receive.
• Gather Evidence: If possible, document how the lack of accommodations affected your academic performance or ability to participate in class. This can include emails, letters, or other correspondence with the disability services office or faculty members, as well as any personal notes on the impact.

3. Contact the Disability Services Office

• Initial Complaint: Contact your college or university's Disability Services Office (or equivalent) and formally raise the issue. Clearly explain the accommodations you were promised and the failure to provide them. Provide any documentation to support your case.
• Follow Up: If the issue is not resolved quickly, follow up regularly, keeping detailed notes of all interactions with the office. Make sure to escalate the issue to higher-level administrators if necessary.

4. File a Formal Complaint with the College or University

• Internal Grievance Procedures: Most colleges and universities have formal grievance procedures for students with disabilities. File a formal written complaint with the appropriate department or office, outlining the failure to provide accommodations. Include specific details about the promised accommodations, how they were not delivered, and how it has impacted your academic experience.
• Disability Rights Coordinator: Some institutions have a designated Disability Rights Coordinator or similar official responsible for ensuring compliance with disability laws. You can escalate the matter to this person if you feel that the issue is not being addressed adequately.

5. Involve a Faculty Member or Supportive Advocate

• Engage Faculty: If your instructors are involved in the failure to provide accommodations (e.g., not allowing extra time for exams, not providing accessible materials), discuss the issue with them directly. Faculty members are typically obligated to work with the Disability Services Office to implement accommodations.
• Seek Advocacy: If you are struggling to get the accommodations you need, consider seeking help from an advocacy organization for students with disabilities or legal support. Some student unions or disability advocacy groups may offer assistance in navigating the process.

6. File a Complaint with External Agencies

• Office for Civil Rights (OCR): In the U.S., if the institution continues to fail to provide accommodations, you can file a formal complaint with the Office for Civil Rights (OCR) at the U.S. Department of Education. OCR investigates allegations of discrimination under the ADA and Section 504 and can require the institution to take corrective action.
• State or Local Agencies: In some states, there may be additional protections or agencies that oversee compliance with disability laws in education. Contact local or state agencies to inquire about filing a complaint.

7. Seek Legal Action if Necessary

• Legal Counsel: If the situation remains unresolved and your institution does not provide the necessary accommodations, you may need to consult with an attorney who specializes in disability law or education law. A lawyer can help you assess whether you have grounds to pursue a legal claim for discrimination or breach of your rights under the ADA or Section 504.
• File a Lawsuit: In some cases, legal action may be necessary to compel the college or university to comply with the law. A lawsuit can seek remedies such as damages, injunctive relief (forcing the school to comply with disability laws), and even tuition reimbursement if you were unable to fully participate in your education due to the lack of accommodations.

Example:

A student with a visual impairment enrolled in a college program and requested accommodations for accessible course materials (e.g., digital text, braille), but the materials were not provided for several weeks, causing the student to fall behind in their coursework. The student:

• Notifies the Disability Services Office about the failure to deliver the required materials and requests immediate remediation.
• When the issue is not resolved, the student files a formal complaint through the college's grievance procedures, requesting that the materials be provided and that accommodations for exams be implemented.
• If the problem persists, the student contacts the Department of Education's Office for Civil Rights (OCR) and seeks legal advice on pursuing further action.

Tips for Success:

• Be Persistent: Disability-related issues can sometimes take time to resolve, but it’s important to be persistent. Follow up regularly and escalate the matter if necessary.
• Know Your Rights: Familiarize yourself with your rights under applicable disability laws (e.g., ADA, Section 504) so that you can advocate for yourself more effectively.
• Keep Everything in Writing: Keep copies of all written communication with your institution, including emails, letters, and formal complaints, to ensure that you have a paper trail if you need to take further action.
• Seek Support: Don’t hesitate to reach out for help from advocacy organizations, legal professionals, or student unions that specialize in disability issues. They can offer guidance and support throughout the process.

By following these steps, you can increase the likelihood of having your accommodations provided and ensure that your legal rights as a student with a disability are respected. If the institution continues to fail to meet its obligations, legal action may be the best recourse.