Without opining on how "far off" you are, my dear friend, Glenn:

With regard to both Title II (public entities) and Title III (places of public accommodation), the actual term used is "reasonable modifications" but the courts and the Office for Civil Rights have used that term fairly interchangeably with "reasonable accommodations," the term used in Title I with regard to employment. 

The Title II regulations issued by the Department of Justice refer expressly to the duty to make "reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity." 28 CFR 35.130(b)(7). And the Title III statute itself defines discrimination as including a failure to make such reasonable modifications "when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities," unless such modifications would fundamentally alter the program. 42 USC section 12182(b)(2)(ii). So the concept of "reasonable modifications" (or accommodations) is very central to both Titles II and III and not limited to the provision of auxillary aids and services. 

With regard to the question of reasonable modifications "for what", I think the law is pretty clear that the duty applies with regard to any of the "services, programs, or activities of a public entity" (or place of public accommodation), regardless of whether they are "essential". So if the program teaches reading to some and the person with a disability wants to learn to read, it applies to reading. If the program  teaches math to others and the person with a disability wants to learn math, it applies to math. If the program prepares people for the GED and/or helps others gain skills or knowledge, it would apply to that. 

With regard to the discussion about whether technology could be used to bypass the need to learn to read and more quickly/directly enable someone to gain skills and knowledge without reading, as a legal matter, I think the exercise of that option would need to be left to the person with the disability. If the person wants to learn to read and the program generally teaches others to read, denying a person with a disability that opportunity and/or failing to make reasonable modifications to allow the person a fair chance to learn to read, would likely be found discriminatory. Of course, I didn't understand you to be suggesting that the choice would be made by anyone other than the person with a disability. 



>>> "Glenn Young" <gyoungxlt at roadrunner.com> 4/2/2008 10:20:05 AM >>>

I will let Ruth correct all the errors I am about to state ... 

The question is "accommodations" for what? And in fact if "accommodations"
even the right term /// 

Most ABE programs are actually covered, as Ruth states, in their
relationships with the people they work with is Title II of the ADA not
Title I (which is primarily addressing employment issues, not "services" and
the ABE programs are not  hiring the people but providing services  ...

Title II requires that public entities enable persons with disabilities to
have an "equal opportunity to participate" and "an equal opportunity to
benefit" from the services being offered. (Which has been found to include
the right to screen for disabilities and to ask about disability past ---
unlike Title I --- if the information is used to enhance services, not to
deny or avoid services) 

	"Public entity." The term "public entity" is defined in accordance
with section 201(1) of the ADA as any State or local government; any
department, agency, special purpose district, or other instrumentality 	of a
State or States or local government; .  	http://www.ada.gov/reg2.html 
(and that means if ABE services receive 	funding from the States they
are covered by ADA ... if only directly 	funded by the feds then they
are covered primarily by Section 504 the 	Rehab Act ... 

And Title II does not really talk about "accommodations" much but "Auxiliary
aids and services"
	"Auxiliary aids and services." Auxiliary aids and services include a
wide range of services and devices for ensuring effective
communication. (see 28 CFR 39.103). 

ADA Title II Paragraph (b)(1)(i) provides that it is discriminatory to 	deny
a person with a disability the right to participate in or benefit from the
aid, benefit, or service provided by a public entity. 

	Paragraph (b)(1)(ii) provides that the aids, benefits, and services
provided to persons with disabilities must be equal to those provided 	to
others, and
	
	Paragraph (b)(1)(iii) requires that the aids, benefits, or services
provided to individuals with disabilities must be as effective in
affording equal opportunity to obtain the same result, to gain the 	same
benefit, or to reach the same level of achievement as those 	provided to
others. http://www.ada.gov/reg2.html 

And for popular use ... "reasonable accommodations" has been used as "short
hand" for "auxiliary aids and services" and "aids benefits or services"  

But the key point is the question of "accommodations" or auxiliary aids and
services .. for what?   

Title I talks about acommodations to enable the person to show they they can
perform the "essential functions" of the task and Title II talks about the
auxiliary aids and serivces to enable the person to have the "right to
participate in or benefit from" services.

So in ABE ... what are the aids, benefits or services? 

Is it learning to read? And learning to read only? 

Or is it something broader ... or even something more focused?

Is it becoming better able to gain skills and knowledge (broader concept) ?
Or preparing for the GED? 

In these three concepts --- learning to read, learning to gain skills and
knowledge or preparing for the GED ... the "services" are in fact different
with different goals .. and therefore the auxilary aids and services that
should be provided to the person with disabilities  would differ in each
type of program ...
 
If the actual "service" is learning to read, technologial alternatives to
"reading" alters the "essential function of the task" ... if the service is
better gaining skills and knowledge or perparing for the GED ...
(technological) alternatives to reading would fit into the concept of
auxilary aids and services ...

So the question really becomes ... what is the essential "services" offered
... by the given program ... and therefore ... once defined ... the options
on what needs to be considered for the person with disabilities will vary
based on that determination. And it will vary from program to program ...
based on the services offered. 

OK Ruth ...  how off am I?

Glenn Young
CSLD
530 Auburn Ave
Buffalo NY 14222
Cell 703-864-3755
Phone/Fax 716-882-2842
website: glennyoungcsld.com

-----Original Message-----
From: learningdisabilities-bounces at nifl.gov 
[mailto:learningdisabilities-bounces at nifl.gov] On Behalf Of Schneider, Jim
Sent: Wednesday, April 02, 2008 10:33 AM
To: learningdisabilities at nifl.gov 
Subject: [LearningDisabilities 1902] Re: LearningDisabilities Digest, Vol
31,Issue 1

<Do any of you work/learn in adult literacy programs where
accommodations are offered? If yes, we would love to hear about it!>

I can't imagine an adult literacy program that won't offer
accommodations? 

Although we may not be prepared for any need that walks through the
door, we are responsive when we get the request and supportive
documentation. We do all we can to meet the necessary accommodations. 

Jim Schneider

-----Original Message-----
From: learningdisabilities-bounces at nifl.gov 
[mailto:learningdisabilities-bounces at nifl.gov] On Behalf Of
learningdisabilities-request at nifl.gov 
Sent: Wednesday, April 02, 2008 8:53 AM
To: learningdisabilities at nifl.gov 
Subject: LearningDisabilities Digest, Vol 31, Issue 1

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	learningdisabilities at nifl.gov 

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Today's Topics:

   1. [LearningDisabilities 1895]  Question Needing Response
      (RKenyon721 at aol.com)
   2. [LearningDisabilities 1896] Re: Question Needing Response
      (Nancie Payne)
   3. [LearningDisabilities 1897] Re: Question Needing Response
      (Daphne Greenberg)
   4. [LearningDisabilities 1898] Re: Question Needing Response
      (Glenn Young)
   5. [LearningDisabilities 1899] Re: Question Needing Response
      (Tchalla Douglas)


----------------------------------------------------------------------

Message: 1
Date: Tue, 1 Apr 2008 22:07:18 EDT
From: RKenyon721 at aol.com 
Subject: [LearningDisabilities 1895]  Question Needing Response
To: learningdisabilities at nifl.gov 
Message-ID: <bc9.250dcde4.35244456 at aol.com>
Content-Type: text/plain; charset="us-ascii"

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.
 
To subscribe to Poverty, Race, Women and Literacy go to:
_http://www.nifl.gov/mailman/listinfo/povertyracewomen_ 
(http://www.nifl.gov/mailman/listinfo/povertyracewomen)  
 
 
 
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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_Learningdisabilities at nifl.gov_ (mailto:Learningdisabilities at nifl.gov)


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Message: 2
Date: Tue, 1 Apr 2008 19:22:17 -0700
From: "Nancie Payne" <napayne at worldnet.att.net>
Subject: [LearningDisabilities 1896] Re: Question Needing Response
To: "'The Learning Disabilities Discussion List'"
	<learningdisabilities at nifl.gov>
Message-ID: <20080402022220.AD4AB11BB0 at mail.nifl.gov>
Content-Type: text/plain; charset="us-ascii"

Okay - I'll offer a response to this question. 

 

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?


The answer is yes, as long as the request is reasonable and provides for
the
removable of a barrier which is the result of the disability.  Under the
ADA
and Section 504 of the Rehabilitation Act adult learners can access
reasonable accommodations.  In most adult learning environments there
are
some basic "standards" procedurally in place for the request and
provision
of such accommodations and, if needed, the appropriate disability
documentation to justify the use of resources.

 

I am sure many have more to add - and I know there hare hundreds of
programs
throughout the country providing literacy and adult basic education
classes
that provide such reasonable accommodations.

 

Nancie Payne

  _____  

From: learningdisabilities-bounces at nifl.gov 
[mailto:learningdisabilities-bounces at nifl.gov] On Behalf Of
RKenyon721 at aol.com 
Sent: Tuesday, April 01, 2008 7:07 PM
To: learningdisabilities at nifl.gov 
Subject: [LearningDisabilities 1895] Question Needing Response

 

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.

 

To subscribe to Poverty, Race, Women and Literacy go to:

http://www.nifl.gov/mailman/listinfo/povertyracewomen 

 

 

 

Thanks,

 

Rochelle

 

 

 

Rochelle Kenyon
Moderator, NIFL/LINCS Learning Disabilities Discussion List
Center for Literacy Studies at the University of Tennessee
RKenyon721 at aol.com 
 
To post a message: 
Learningdisabilities at nifl.gov 
 
To subscribe: 
http://www.nifl.gov/mailman/listinfo/LearningDisabilities 
 
To read archived messages:
http://www.nifl.gov/pipermail/learningdisabilities/2008/date.html 
<http://www.nifl.gov/linc/discussions/list_archives.html> 





  _____  

Create a Home Theater Like the Pros. Watch
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hom0
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Message: 3
Date: Tue, 01 Apr 2008 22:32:08 -0400
From: "Daphne Greenberg" <alcdgg at langate.gsu.edu>
Subject: [LearningDisabilities 1897] Re: Question Needing Response
To: <learningdisabilities at nifl.gov>
Message-ID: <47F2B7E8020000310004E51F at mailsrv4.gsu.edu>
Content-Type: text/plain; charset=US-ASCII

I am the facilitator of the Poverty, Race, Women, and Literacy
Discussion List and I thank Rochelle for posting this.

Here is one response that I just posted on my list:

There's a process for applying for accommodations on the GED, and the
TABE provides for them too. We try to give students the same
accommodations in class that they are likely to get on the GED, to the
extent that we can predict that. We are required to have the ADA posted
in every classroom and to make all reasonable accommodations. We locate
our classes in accessible buildings as much as possible, and we provide
tutors, audio/large print materials, color transparencies, line guides,
laptops with adaptability features, etc.. We screen for learning
differences and make referrals for further testing, get previous IEPs
from K12 with students' permission, and cooperate with whatever other
agencies students with special needs are working with. Adult education
is generally underfunded, and accommodations can be expensive, but as
much as possible, our agency works hard to provide suitable
accommodations to meet the needs of every learner.

Daphne Greenberg
Associate Professor
Educational Psych. & Special Ed.
Georgia State University
P.O. Box 3979
Atlanta, Georgia 30302-3979
phone: 404-413-8337
fax:404-413-8043
dgreenberg at gsu.edu 

Daphne Greenberg
Associate Director
Center for the Study of Adult Literacy
Georgia State University
P.O. Box 3977
Atlanta, Georgia 30302-3977
phone: 404-413-8337
fax:404-413-8043
dgreenberg at gsu.edu 

>>> <RKenyon721 at aol.com> 04/01/08 10:07 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.
 
To subscribe to Poverty, Race, Women and Literacy go to:
_http://www.nifl.gov/mailman/listinfo/povertyracewomen_ 
(http://www.nifl.gov/mailman/listinfo/povertyracewomen)  
 
 
 
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)  

To  post a message: 
_Learningdisabilities at nifl.gov_ (mailto:Learningdisabilities at nifl.gov)


To subscribe: 
_http://www.nifl.gov/mailman/listinfo/LearningDisabilities_ 
(http://www.nifl.gov/mailman/listinfo/LearningDisabilities) 

To  read archived messages:
_http://www.nifl.gov/pipermail/learningdisabilities/2008/date.html_ 
(http://www.nifl.gov/linc/discussions/list_archives.html) 



**************Create a Home Theater Like the Pros. Watch the video on
AOL 
Home.      
(http://home.aol.com/diy/home-improvement-eric-stromer?video=15&ncid=aol
hom00030000000001)



------------------------------

Message: 4
Date: Wed, 2 Apr 2008 00:17:08 -0400
From: "Glenn Young" <gyoungxlt at roadrunner.com>
Subject: [LearningDisabilities 1898] Re: Question Needing Response
To: "'The Learning Disabilities Discussion List'"
	<learningdisabilities at nifl.gov>
Message-ID: <039801c89478$6ac54a40$0201a8c0 at glenn52e6f07e2>
Content-Type: text/plain; charset="us-ascii"

Accommodations should be offered in all locations . but the requirement
is
based on the acknowledgment that there is a disability

 

 

 

Glenn Young

CSLD

530 Auburn Ave

Buffalo NY 14222

Cell 703-864-3755

Phone/Fax 716-882-2842

website: glennyoungcsld.com

  _____  

From: learningdisabilities-bounces at nifl.gov 
[mailto:learningdisabilities-bounces at nifl.gov] On Behalf Of
RKenyon721 at aol.com 
Sent: Tuesday, April 01, 2008 10:07 PM
To: learningdisabilities at nifl.gov 
Subject: [LearningDisabilities 1895] Question Needing Response

 

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.

 

To subscribe to Poverty, Race, Women and Literacy go to:

http://www.nifl.gov/mailman/listinfo/povertyracewomen 

 

 

 

Thanks,

 

Rochelle

 

 

 

Rochelle Kenyon
Moderator, NIFL/LINCS Learning Disabilities Discussion List
Center for Literacy Studies at the University of Tennessee
RKenyon721 at aol.com 
 
To post a message: 
Learningdisabilities at nifl.gov 
 
To subscribe: 
http://www.nifl.gov/mailman/listinfo/LearningDisabilities 
 
To read archived messages:
http://www.nifl.gov/pipermail/learningdisabilities/2008/date.html 
<http://www.nifl.gov/linc/discussions/list_archives.html> 





  _____  

Create a Home Theater Like the Pros. Watch
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hom0
0030000000001>  the video on AOL Home.

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Message: 5
Date: Wed, 02 Apr 2008 08:33:39 -0400
From: "Tchalla Douglas" <TchallaD at darlington.k12.sc.us>
Subject: [LearningDisabilities 1899] Re: Question Needing Response
To: <learningdisabilities at nifl.gov>
Message-ID:
	<47F344E30200006E000012B1 at dcsdwebmail.darlington.k12.sc.us>
Content-Type: text/plain; charset=US-ASCII

I work at Darlington County Office of Adult Education as a Transition
Facilitator and we do provide some accommodations for our students who
have IEP's or 504 plans.  We have an onsight special education teacher
and majority of her students fall in that category.  I know during
testing we provide whatever accommodations the student's  plan states.
Also, I noticed that our teachers will work one-on-one with students as
needed.  Hopefully this helped.


T'challa Y. Douglas, MA, GCDF 
Transition Specialist
Darlington County Adult Education
100 Magnolia Street
Darlington, SC 29532
843-398-2598 (phone)
843-395-8944 (fax)
tchallad at darlington.k12.sc.us 


>>> <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.
 
To subscribe to Poverty, Race, Women and Literacy go to:
_http://www.nifl.gov/mailman/listinfo/povertyracewomen_ 
(http://www.nifl.gov/mailman/listinfo/povertyracewomen)  
 
 
 
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)  

To  post a message: 
_Learningdisabilities at nifl.gov_ (mailto:Learningdisabilities at nifl.gov)


To subscribe: 
_http://www.nifl.gov/mailman/listinfo/LearningDisabilities_ 
(http://www.nifl.gov/mailman/listinfo/LearningDisabilities) 

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Home.      
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hom00030000000001)



------------------------------

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