The short answer to the first question (as to whether a person with a disability can demand reasonable accommodations) generally is "yes."  

Depending on who operates the program and how it is funded, the source of this right may differ. If the program is part of a state or local government, it would be required by Title II of the Americans with Disabilities Act, 42 U.S.C. section 12131, et. seq., governing state and local public entities, to provide reasonable modifications/accommodations to someone who can show she is a qualified person with a disability. Or if it receives federal funding, it would be required to provide reasonable accommodations to such persons under the Rehabilitation Act of 1974. And even if it neither is a state or local entity nor receives federal funds, it probably qualifies as a "public accommodation" under Title III of the ADA, 42 U.S.C. section 12181, et seq., and is required to provide reasonable accommodations to qualified persons with disabilities. 

Of course, adult learners often face a challenge in obtaining satisfactory proof/documentation that they have a diagnosed disability which is needed to trigger these rights. As we have discussed on the learning disabilities list serve, some states have processes whereby adults who are recipients of cash assistance can obtain the needed diagnostic assessment. And some students may be able to obtain a diagnostic assessment through a vocational rehabilitation agency or may already have a diagnosis through special education evaluations from their days in primary or secondary school. And, it is also worth emphasizing that programs could always choose to provide reasonable accommodations where there is reason to believe they are appropriate, even if the student does not have such documentation. 




>>> <RKenyon721 at aol.com> 04/01/08 9:07 PM >>>

Hi all,
 
The following question was posed on the Poverty, Race, Women and  Literacy 
Discussion List:
 
I wonder if  adult learners who need accommodations, due to physical, 
sensory, cognitive, or  psychiatric reasons could "demand" these accommodations? Does 
anyone on this  list know the answer to this?

Do any of you work/learn in adult literacy  programs where accommodations are 
offered? If yes, we would love to hear about  it!
 
 
Does someone on our List want to answer the question so I can forward your  
response to them?  If you are already a subscriber to that List - or  want to 
subscribe, you can post the response to both of our Lists so everyone  can 
benefit.
 
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Thanks,
 
Rochelle
 
 
 
Rochelle Kenyon
Moderator, NIFL/LINCS Learning Disabilities  Discussion List
Center for Literacy Studies at the University of  Tennessee
_RKenyon721 at aol.com_ (mailto:RKenyon721 at aol.com)  

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