Does someone have an answer to this question?

Question:  are colleges that disburse Title IV Federal funds considered a public entity even if the school is private?
 
Katherine Mercurio Gotthardt
www.luxuriouschoices.net

    ----- Original Message -----
    From: RKenyon721 at aol.com
    To: povertyracewomen at nifl.gov
    Sent: Wednesday, April 02, 2008 12:04 PM
    Subject: [PovertyRaceWomen 2002] Accommodations

    Hello,
     
    Here is a very detailed response by Glenn Young that delves further into the legal aspects of accommodations.
     
    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 accommodations to enable the person to show they can
    perform the "essential functions" of the task and Title II talks about the
    auxiliary aids and services 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 auxiliary 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, technological alternatives to "reading" alters the "essential function of the task"...if the service is better gaining skills and knowledge or preparing for the GED...(technological) alternatives to reading would fit into the concept of auxiliary 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