NSE Handbook

The Americans with Disabilities Act (ADA), passed in 1990, is a comprehensive civil rights law which protects people with disabilities from discrimination in employment, public accommodation, transportation, telecommunications, and the activities of state and local government.

23.1. ADA and NSE

Student exchange is covered under the ADA as a service or program open to the general public. For NSE purposes, the ADA means that a person cannot be denied access to an educational opportunity such as an exchange program based solely on a disability. Students requiring accommodation have an equal opportunity to participate in the National Student Exchange if they meet NSE eligibility (general and campus) requirements.

Student needing accommodation for physical, learning, and other disability should consider if the environment and support services at their prospective host campus will be able to meet their needs.

23.2. Invitation to Disclose

While the NSE application process will not specifically ask about special needs, it can invite students to voluntarily disclose special accommodation such as the following:

• medical condition which might require immediate attention during exchange
• condition which might affect emotional or mental health during exchange
• physical condition for which accessible on-campus housing or classroom accommodation might be needed
• documented disability which may require academic accommodation (e.g., notetakers, taped texts)

This request must be clearly optional in nature and may be accompanied by a statement indicating that the institution does not discriminate on the basis of special needs and is inviting disclosure to assist in identifying a placement site that can provide reasonable accommodation for the student. The university attorney should be consulted regarding the appropriateness of including such statements and the type of wording that may be used.

The home coordinator, through observation and other on-campus referrals or references, may also be able to ascertain needs and discuss them with the student in a supportive and counseling environment during the application process. Obtaining student permission to discuss needs and explore services with the coordinator at the prospective host campus is important in identifying a placement site which can provide reasonable accommodation for the student.

23.3. Placement Acceptance Process

23.3.1. Self-Disclosure

Once placed, students are invited to identify on the Placement Acceptance Form any special needs to the host campus coordinator for the purpose of assistance and reasonable accommodation. Helpful to the process is the submission of a written statement by the student identifying needs and indicating the kind of assistance and/or arrangements that are currently being made by the student’s home college or university.

23.3.2. Documentation

If a student is requesting services from the host campus, the student must provide to the host campus written documentation, in accordance with host campus requirements, that includes a professional assessment of the disability and recommendations for accommodations. Documentation should be current and prepared by a qualified professional. It is recommended that documentation be presented to the host campus at least two months prior to the exchange period. Students should contact the office for students with disabilities on both the home and host campus for information and assistance in documenting the disability and requesting appropriate accommodations. Failure to provide documentation, in the manner and time period required by the host campus, may mean the student is not able to receive needed services.

23.4. The Host Campus

According to the Office of Civil Rights of the U.S. Department of Education, the campus the student attends (host campus) is responsible for making reasonable accommodations for a student with a documented disability. The host campus must provide the incoming exchange student the same level of service it would provide for its own students as it relates to reasonable accommodations of rules, policies, or practices; environmental modifications; and/or auxiliary aids and services.

23.5. Using NSE International Linkages

The Americans with Disabilities Act legally lacks jurisdiction for U.S. citizens with disabilities when they exchange to places which are not physically within the United States. However, the home (sending) institution has a responsibility under the law to serve people with disabilities (i.e., provide access to exchange programs) to the extent that such services do not conflict with the laws of the country in which the study abroad/international site is located.

Many NSE campuses make selected study abroad opportunities available to incoming exchange students. Study abroad linkages are an extension of the host institution options and opportunities for incoming NSE students. Under these circumstances (accessing another institution’s study abroad options), there is room for dispute as to which campus (home or host) is responsible for providing and paying for the reasonable accommodation of a student with a disability. Home and host NSE coordinators have a shared responsibility to plan carefully in advance regarding both accommodations and costs when study abroad linkages are involved.