ADA accessibility obligations for disabled students at historical universities
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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?
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.
The student should not have to be carried by fellow students and feel he is a hassle or that it is a detrimental to his music studies. He has the right by law to have an education that is accessible to him and equal to all other students. By not having accessibility to the music building, it is denying him the right to equal education, which is discrimination because of his disability. If the university is receiving funds under the Rehabilitation Act, they are legally obligated to provide assistance to the student in order to meet educational needs. If they do not provide the accommodation for him, he has the legal right to file a complaint with the Department of Justice or file a lawsuit against the university in federal court.
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