Section 504 of the Rehabilitation Act of 1973 states, "No otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..." The Americans with Disabilities Act of 1990, as Amended (ADAAA) extends some of these stated provisions, and governs equal access and protection against discrimination for applicants and students with disabilities.

In higher education, a student with a disability is “otherwise qualified” when, with or without reasonable accommodations, they meet the same eligibility (and then graduation) requirements for admission (and then graduation) expected of all applicants and students. Students requesting accommodations must self-disclose their disability to Disability Resources & Services (DRS), who will work with the student to determine which, if any, reasonable accommodations are appropriate.

While students with disabilities cannot be denied or excluded from a program or service solely on the basis of having a disability, students (whether they access reasonable accommodations or not) must meet the same course standards and institutional policies regarding behavior and performance demanded of anyone else.

An academic accommodation is a modification of a non-essential academic requirement, an examination, or an institutional rule that is necessary to avoid discriminating on the basis of disability against qualified students with disabilities.

Reasonable accommodations may include:

• Assistive technology
• Auxiliary aides such as sign language interpreters
• Instructional strategies
• Extended time to complete degree, etc.

Providing reasonable accommodations allows students with disabilities to have equal access to education and services while engaged in their program. Students with disabilities are still required to meet the same academic and technical standards as their non-disabled peers while receiving reasonable accommodation.

The Maricopa County Community College District (MCCCD) has implemented a formal administrative regulation that addresses instances where service animals are permitted on campus. These guidelines serve to supplement that regulation and to also provide the Maricopa Colleges with direction in responding to service animal requests on campus. In addition, the term “service animal” and the guidelines outlined herein are based upon the provisions outlined in the U.S. Department of Justice’s revised regulations for implementing the Americans with Disabilities Act (ADA) for Title II and Title III.

1. The Americans with Disabilities Act defines service animals as those that are individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. This does not include animals for emotional support.
2. Any individual requesting to bring a service-animal-in-training to campus needs to request permission from college administration before the animal is brought to campus. The college administration will notify the college’s Public Safety Office alerting them to this request.
   1. In instances when it is not obvious what service an animal actually provides, only limited inquiries are allowed and the inquiries should be vetted through those who are tasked to provide disability services on behalf of the college or the MCCCD. Staff may ask two questions:
      • Is the dog a service animal required because of a disability, and
      • what work or task has the dog been trained to perform?
   2. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
   3. In instances where requests are submitted for animals in training to be brought on site, no more than one certified service animal or service-animal-in-training is permitted on site per employee or student.
   4. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.
3. If an incident occurs that results in an animal-caused injury to students, employees or members of the public, the college’s Public Safety Department and the District’s Enterprise Risk Management Department should be contacted in order to report all injuries (even minor ones) for documentation. Each college’s Public Safety Department may choose to contact the Maricopa County Animal Care and Control Unit for further instruction.

The conversation should be focused on ensuring equal access in the classroom. Questions that can be addressed include:

• Do you have accommodation needs around class participation, attendance, or test taking?
• What are some ways to ensure that you’re able to fully participate in the course?
• What are some accommodations that you’ve received in other courses that have worked well?

Instructors may not inquire about specific details of a student’s disability, nor request disability documentation or proof of a disability. If additional information is needed beyond what is included in the Faculty Notification Letter, please contact DRS.

Yes. Faculty should always keep disability-related information confidential. For many students with disabilities, disclosure of their disability is a very personal and sensitive matter.

No. An instructor is required to allow a student to record their course if taping the class is determined to be an appropriate accommodation by DRS. Occasionally, classroom discussion reveals items of a personal nature about students. If open discussions tend to reveal personal information, it would be appropriate to ask the student with a disability to turn off the tape recorder during these discussions as long as the student will not be evaluated or held accountable for this information. Contact DRS with questions or concerns about recording lectures.

No. Extended time for the entire class is not an accommodation for students with testing accommodations. The reasonable accommodation of extended time for testing means the student receives one-and-a-half (1.5x) to two times (2x) the allotted amount of non-disabled students.

No. The purpose of academic accommodations is to minimize the impact of the disability on the students performance. Accommodations ensure equal opportunity and equal access for students with disabilities.

Contact DRS if there are any concerns that an accommodation conflicts with a technical requirement or standard.

Yes. You should contact DRS to discuss your concerns.

Flexible class attendance is recommended for a student when a medical evaluator indicates there may be situations where the symptoms of their disability flare up temporarily and unexpectedly. It is not intended to be used on a regular basis and Disability Resources & Services (DRS) advises students with this accommodation to consult with instructors about the attendance policy.
Additionally, DRS encourages students to communicate with their instructors after each absence. If class attendance is essential to the course, you should decide what flexibility you may be able to offer and discuss this with DRS early on in the semester. Again, contact DRS if you need help.