AN ACT Relating to
students with disabilities; adding new sections to chapter 28B.10 RCW; and
creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. It is a fundamental
aspiration of the people of Washington that individuals be afforded the
opportunity to compete academically. Accordingly, it is an appropriate act of
state government, in furtherance of this aspiration, to make available
appropriate support services to those individuals who are able to attend
college by virtue of their potential and desire, but whose educational progress
and success is hampered by a lack of accommodation.
Furthermore, under
existing federal and state laws, institutions of higher education are obligated
to provide services to students with disabilities. The legislature does not
intend to confer any new or expanded rights, however, the intent of this act is
to provide a clearer, more succinct statement of those rights than is presently
available and put Washington on record as supporting those rights.
It is the intent of the
legislature that these services be provided within the bounds of the law.
Therefore, the institution of higher education's obligations to provide
reasonable accommodations are limited by the defenses provided in federal and
state statutes, such as undue financial burden and undue hardship.
NEW SECTION. Sec.
2. Each student with one or
more disabilities is entitled to receive a core service only if the service is
reasonably needed to accommodate the student's disabilities. The requesting student
shall make a reasonable request for core services in a timely manner and the
institution of higher education or agency providing the service shall respond
reasonably and in a timely manner.
NEW SECTION. Sec.
3. 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 shall
include, but not be limited to:
(1) Flexible procedures
in the admissions process that use a holistic review of the student's
potential, including appropriate consideration in state-wide and institutional alternative
admissions programs;
(2) Early registration
or priority registration;
(3) Sign language, oral
and tactile interpreter services, or other technological alternatives;
(4) Textbooks and other
educational materials in alternative media, including, but not limited to,
large print, braille, electronic format, and audio tape;
(5) Provision of
readers, notetakers, scribes, and proofreaders including recruitment, training,
and coordination;
(6) Ongoing review and
coordination of efforts to improve campus accessibility, including but not
limited to, all aspects of barrier-free design, signage, high-contrast
identification of hazards of mobility barriers, maintenance of access during
construction, snow and ice clearance, and adequate disability parking for all
facilities;
(7) Facilitation of
physical access including, but not limited to, relocating of classes,
activities, and services to accessible facilities and orientation if route of
travel needs change, such as at the beginning of a quarter or semester;
(8) Access to adaptive
equipment including, but not limited to, TDDs, FM communicators, closed caption
devices, amplified telephone receivers, closed circuit televisions, low-vision
reading aids, player/recorders for 15/16 4-track tapes, photocopy machines able
to use eleven-by-seventeen inch paper, brailling devices, and computer
enhancements;
(9) Referral to
appropriate on-campus and off-campus resources, services, and agencies;
(10) Release of
syllabi, study guides, and other appropriate instructor-produced materials in
advance of general distribution, and access beyond the regular classroom
session to slides, films, overheads and other media and taping of lectures;
(11) Accessibility for
students with disabilities to tutoring, mentoring, peer counseling, and
academic advising that are available on campus;
(12) Flexibility in
test taking arrangements;
(13) Referral to the
appropriate entity for diagnostic assessment and documentation of the
disability;
(14) Flexibility in
timelines for completion of courses, certification, and degree requirements;
(15) Flexibility in
credits required to be taken to satisfy institutional eligibility for financial
aid; and
(16) Notification of
the institution of higher education's policy of nondiscrimination on the basis
of disability and of steps the student may take if he or she believes
discrimination has taken place. This notice shall be included in all formal
correspondence that communicates decisions or policies adversely affecting the
student's status or rights with the institution of higher education. This
notice shall include the phone numbers of the United States department of
education, the United States office of civil rights, and the Washington state
human rights commission.
NEW SECTION. Sec.
4. Reasonable accommodation
for students with disabilities shall be provided as appropriate for all aspects
of college and university life, including but not limited to: Recruitment, the
application process, enrollment, registration, financial aid, course work,
research, academic counseling, housing programs owned or operated by the
institution of higher education, and nonacademic programs and services.
NEW
SECTION. Sec. 5. Sections 2 through 4 of
this act are each added to chapter 28B.10 RCW.
