Background: Federal Regulation. Postsecondary schools are prohibited from discriminating against students on the basis of disability under two federal laws. Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act) prohibits entities that receive federal financial assistance, which includes institutions of higher education, from discriminating against otherwise qualified individuals with disabilities. The Americans with Disabilities Act of 1990 (ADA) also protects individuals with disabilities from discrimination and covers a broader range of schools. The Rehabilitation Act applies to schools that receive federal funds and the ADA applies to state and locally funded and private-sector schools, with the exception of those that are controlled by religious entities. The Rehabilitation Act and ADA define individuals with disabilities as an individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. Under the laws that prohibit discrimination on the basis of disability, postsecondary schools are required to provide equal access to education to qualified students through academic adjustments and auxiliary aids and services, such as extending time allowed for taking tests and providing sign language interpreters. In addition, postsecondary schools must ensure physical access to buildings on campus.

Core Services. Each public institution of higher education must ensure that students with disabilities are reasonably accommodated within that institution. The institution must provide students with disabilities with the appropriate core service or services necessary to ensure equal access. Core services include:

flexible procedures in the admissions process and early registration;
sign language, or other interpreter services;
textbooks and other education materials in large print, braille, electronic format or audiotape;
provision of a reader, note taker, scribe or proof reader;
ongoing coordination of efforts to improve campus accessibility;
facilitation of physical access;
access to adaptive equipment;
referral to appropriate campus resources;
flexibility in test taking arrangements; and,
notification of the higher education's policy of nondiscrimination on the basis of disability.

Accommodations. Reasonable accommodations for students with disabilities must be provided as appropriate for all aspects of college and university life, including recruitment, applications, enrollment, registration, financial aid, coursework, research, academic counseling, housing programs, and nonacademic services.

Summary of Substitute Bill: The Council of Presidents (COP) must convene a workgroup to develop a plan for removing obstacles for students with disabilities. The work group must include:

representatives from the State Board of Community and Technical Colleges, four-year institutions, Washington Student Achievement Council, and statewide student associations; and
at least two students with disabilities selected by student associations.

The plan must, but is not limited to:

standardize medical documentation requirements;
standardize intake and review procedures; and
develop best practices for institutions to provide outreach to and help prepare students for transmitting accommodations information and documentation to their next institution.

The COP must provide the plan to the higher education committees of the Legislature by December 31, 2016.

Staff Summary of Public Testimony on Original Bill: PRO: We are trying to address an issue that several students with disabilities have. When students transfer schools they almost always have to reapply for disability services, which often includes a doctor's note or other documents. This has become a barrier for students who would otherwise want to transfer. This bill would assist students with disabilities if they want to transfer. This bill is a work in progress, but we want to make sure each institution has the ability to accommodate students. This bill came out of a conversation to identify the barriers to four-year degrees. The intent of the bill is to streamline the process and to give students the tools to become better advocates themselves. This bill would help remove roadblocks to student success. Accommodations help empower students to be more successful in their education. Making the application process more accessible to students with disabilities is important, because students with disabilities struggle with a lot of other issues and worries. The largest barrier at disability service offices is the documentation needed by students.

OTHER: There are some concerns around this bill, because it may add more levels of bureaucracy for students. The student achievement council is currently operating the Washington disabilities task force. The task force has reviewed the portability of services from K-12 to postsecondary education. WSAC would be happy to take on this topic as part of the task force. Institutions need to have an individualized conversation with students before providing them services or accommodations. Institutions can already provide students accommodations on provisional basis, if necessary.

Persons Testifying on Original Bill: PRO: Senator Habib, Prime Sponsor; Paul Bell, student; Ashley Cowan, WACTCSA; Toby Olson, Governor's Committee of Disability; Noah Seidel , Self advocates in leadership; Rasaki Vandrush, The Evergreen State college.

OTHER: Scott Copeland, State Board for Community & Technical Colleges; Kim Thompson, Shoreline Community College; Maddy Thompson, Washington Student Achievement Council; Bree Callahan, Director, Disability Resources for Students - University of Washington.

Persons Signed In To Testify But Not Testifying on Original Bill: PRO: Anna Nepomuceno, Legislative Liaison, Associated Students University of WA Tacoma; Jeff Beaulac, The Evergreen State College.

OTHER: Genesee Adkins, Council of Presidents; Merideth Inocencio, Director, Access Services - The Evergreen State College.