Disability Law
ADA, ADAAA, and Sections 504 and 508 of the Rehabilitation Act
Americans with Disabilities Act (ADA), ADA-Amendments Act, and Sections 504 and 508 of the Rehabilitation Act of 1973 prohibit discrimination against students with disabilities. These laws state that no qualified individual with a disability shall, solely by reason of their disability, be excluded from the participation in, or be denied the benefits of, or be subjected to discrimination under any program, activity or services of any public entity. The 1998 amendment to Section 508 of the Rehabilitation Act specifically addresses equal access to electronic information and information technology.
A student may have a physical and/or mental impairment that is not directly observable. The laws define a person with a disability as any person who has a physical or mental impairment which substantially limits one or more major life activities, such as performing manual tasks, walking, seeing, hearing, speaking, breathing and learning. Typical categories of disability include Autism Spectrum Disorder, visual or hearing impairments, orthopedic impairments, specific learning disabilities, speech or language impairments, traumatic brain injuries, ADHD, and mental illness or psychiatric impairment. (Note: this list is not exhaustive.) The revision of the ADA definition of disability allowed for the inclusion of mental health or emotional and behavioral disorders.
Privacy and Confidentiality
The confidentiality of disability-related information is protected under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Confidentiality is strictly enforced in order to protect the privacy of the student and to prevent the student from being discriminated against based on a disability. Disability-related information is treated as medical information and is handled under the same strict rules of confidentiality as other medical information (for example, HIPAA- see policy posted below). Disability-related information is not shared with faculty, staff, other students, or parents. A separate file for disability-related information is maintained and is not an official part of the student's formal college record.
There are a few exceptions. Information concerning disabilities will be kept confidential, except that (1) faculty and instructors required to assist the student will be informed of the necessary accommodations, which may imply disability information, if the student has signed an authorization form; (2) safety and health personnel may be informed as necessary if emergency treatment is needed; (3) government or college officials investigating compliance with applicable disability law shall be informed upon request; and, (4) as may be required by law.
Washington State Law
Washington State RCW 28B.10.912 states "Each institution of higher education shall ensure that students with disabilities are reasonably accommodated within that institution. The institution of higher education shall provide students with disabilities with the appropriate core service or services necessary to ensure equal access." Core services include but are not limited to early registration, textbooks in alternative format or alternative classroom accessibility, readers, scribes, note-takers, and access to adaptive technology.
Application to Peninsula College
Public institutions of higher education which receive federal assistance are legally bound to prohibit discrimination in the recruitment process, the admission process and the educational process of students with disabilities. Students with documented disabilities are entitled to receive approved modifications, appropriate academic adjustments or auxiliary aids that will enable them to participate in and benefit from all educational programs and activities. Review our board policies for more specific application to the college.
Grievance
Students have the right to appeal decisions Access Services makes about accommodations. Please see our grievance page for more information.
Peninsula College provides equal opportunity in education, employment, and college activities regardless of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, use of a trained guide dog or service animal, or any other unlawful basis. For inquiries regarding non-discrimination or sexual misconduct policies, contact Title IX Coordinator and Vice President of HR/DEI (Hanan Zawideh, 360/417-6298), or ADA Coordinator (Kelley Opdyke, 360/417-6298), 1502 E. Lauridsen Blvd. Port Angeles, WA.