Updates from the CEO

The latest update from Albert Roberson, on where the civil rights docket is heading this term.

Read the update

The frameworks we work in

42 U.S.C. § 12101 · 29 U.S.C. § 794

ADA and Section 504

Prohibit discrimination on the basis of disability and require access, accommodation, and an effective process for both. Section 504 reaches recipients of federal funds; the ADA reaches public entities and public accommodations regardless of funding.

What it covers

Accommodations

Reasonable modifications for students and employees, reached through a documented interactive process rather than a form and a decision.

Program accessibility

Programs, services, and activities usable by people with disabilities when viewed in their entirety.

Effective communication

Auxiliary aids and services so that communication is as effective as it is for others, including captioning and interpretation.

Digital accessibility

Websites, applications, documents, and course materials, now on a defined compliance timeline rather than an aspiration.

Who it applies to

Section 504
Any program or activity receiving federal financial assistance, including nearly all public districts and most institutions of higher education.
ADA Title II
State and local government entities, including public districts, colleges, and universities, regardless of federal funding.
ADA Title III
Places of public accommodation, which reaches many private institutions.
Enforcement
The Office for Civil Rights and the Department of Justice, plus private litigation, which in the digital accessibility area has been substantial.

What has to be in place

The structural obligations, stated plainly. Specifics vary by institution and by state.

  1. A designated coordinator

    A named 504 and ADA coordinator, published, with the authority to decide.

  2. Grievance procedure

    A published route for disability complaints, distinct from the accommodation request process itself.

  3. An interactive process

    Documented, individualized, and iterative. A denial without a recorded interactive process is difficult to defend.

  4. Accommodation records

    What was requested, what was considered, what was decided, and why, retained.

  5. Digital accessibility program

    An inventory, a remediation plan against the applicable standard, and a procurement rule so the backlog stops growing.

  6. Service animal and access practice

    Staff who know the rules before the moment they are needed at a door.

Where it usually goes wrong

Two failures dominate. The first is deciding accommodations by category rather than individually, which is the opposite of what the law requires. The second is treating digital accessibility as a website project rather than an ongoing obligation covering documents, course materials, and anything newly procured, which is why remediated sites drift back out of compliance within a year.

Read the questions we get

This page is a general overview written by compliance practitioners, not legal advice. Fractional Coordinator is a civil rights compliance firm, not a law firm. Regulations change, and how a framework applies depends on your institution and your facts. Confirm with counsel before making an institutional decision.

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