Hello,
 
I am posting this response from Ruth Bourquin.
 
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.
 
Ruth Bourquin




Rochelle Kenyon
 
 
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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