ADA Compliance Factual Summary a Disabled Student,

ADA Compliance

Factual Summary

A disabled student, majoring in Music, is attending a State University and uses a wheelchair to get to where he needs to go. The campus Music building is a 200-year-old, historical, structure with tall steps and does not have ramps for wheelchairs. The college argues that due to the significance of the historical architecture of the building it would cost over $1 million to add the ramps for the ADA compliance.

Does the college have legal obligation to provide accommodations for disabled individuals regardless of costs?

Legal Concepts

The American Disabilities Act relates to this scenario because the student is a disabled individual and the college is a state owned entity. "ADA Title II requires state and local governments give people with disabilities an equal opportunity to benefit from all their programs, services, and activities (example, public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings)." (A Guide to Disability Right Laws, 1990). The American Disabilities Act requires state and local governmental owned entities to follow specific architectural standards for new construction and alteration of existing structures. They must relocate programs or provide access to inaccessible buildings. The law covers all activities of state and local governments regardless the government entity's size or receipt of funds.

US policy is that all programs, projects, and activities receiving assistance under the Rehabilitation Act be consistent with respect to individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, respect to privacy, rights, and equal access, inclusion, integration, and full participation, support for involvement if requested, desired, or needed, and support for individual and system advocacy and community involvement. (Rehabilitation Act, 1973). The Rehabilitation Act relates to this scenario if the university is receiving federal funds under this program.

Analysis/Conclusion

The State University is legally obligated to provide accessibility to the Music program for the disabled student. With the cost involved to add ramps to the building, the university would probably have to raise funds, whether by debt instruments or otherwise, and accommodate extra payments in the budget. The alternative to the issue is to relocate the program to a more accessible location, at least long enough for funds to be raised to bring the building into ADA compliance.