Mary J GoodwinOquendo Esq Jo Anne Simon PC 2022 Jacobus tenBroek Disability Law Symposium March 25 2022 INTRODUCTION Two Categories of Remote Accommodations Exclusive Partial Hybrid ID: 1046969
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1. Remote Accommodations:Post-Secondary & Professional SchoolMary J. Goodwin-Oquendo, Esq. , Jo Anne Simon P.C.2022 Jacobus tenBroek Disability Law SymposiumMarch 25, 2022
2. INTRODUCTION
3. Two Categories of Remote Accommodations Exclusive Partial (Hybrid)
4. The Americans Disabilities With Act & Section 504 of the Rehabilitation Act 28 C.F.R. § 36.309 Examinations and courses 34 C.F.R. §104.44 Academic adjustments
5. Common Arguments Against Remote Accommodations Academic Freedom Fundamental Alteration/undue hardshipProhibited by an external governing body (i.e., state bars/courts/medical boards/licensing bodies that set distance learning limitations)
6. Example of Distance Learning WaiversNYS Court of Appeals Granting A Waiver To Law Schools During The Pandemic
7. Major Life Activities & Major Bodily Functions
8. Examples of Impairments That May Require Remote Accommodations Compromised immune systemChronic fatigue/pain (i.e., fibromyalgia, chronic fatigue syndrome/myalgic encephalomyelitis)IBS/IBDPTSD Anxiety/Panic Disorder Depression Endometriosis Note: The above list is non-exhaustive
9. Types of Supporting Documentation Medical/Qualified Professional (past and present)Academic (past and present)Personal narrative Other
10. Qualified Professionals Include:Physicians (primary care and specialists)Psychologists Psychiatrists Licensed therapists Learning specialists Note: The above list is non-exhaustive
11. Best Practices for Supporting Documentation
12. Impact of Remote AccommodationsAccess to lecturesAbility to participate in classroom discussions and presentations Access to examinationsAbility to participate in clinic programs (law schools)Access to clerkships/rotations (medical schools or other health professions programs)Maintain physical and/or mental healthTimely completion of degreeAvoid financial and professional costs associated with reduced course load and medical leaves
13. CASE STUDY #1
14. CASE STUDY #2
15. CONCLUSIONTHANK YOU.Mary J. Goodwin-Oquendo, Esq. , Jo Anne Simon P.C.Mary@Joannesimon.com