Services for Students with Disabilities

Services for Students with Disabilities and Grievance Procedure In Accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act

Date: June 2023

Supersedes: August 2020, April 2013, April 2009

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Purpose

Montgomery County Community College (the College) welcomes eligible students with disabilities and endorses the principles of nondiscrimination and reasonable accommodation as described in Section 504 of the Rehabilitation Act of 1973 (504) and, the Americans with Disabilities Act. The College's policy and procedures for serving and accommodating students with disabilities are designed to ensure equal opportunity to participate in its educational programs, services, and activities. This policy provides guidance to reasonably accommodate students with disabilities without compromising academic standards and requirements. It also establishes grievance procedures as well as a process to report a violation

Policy

The College prohibits discrimination against a person on the basis of disability or who has a history or record of such impairment or is regarded as having such impairment as well as persons who are associated with a disabled person. 

The College has an Office of Disability Services. This office handles reasonable accommodation requests as well as works with faculty and eligible students to ensure the implementation of these requests. The College has a Section 504 Coordinator who handles appeals of reasonable accommodation decisions and allegations of discrimination on account of disability. The Section 504 Coordinator is the Director of Equity, Diversity, and Belonging at 504@mc3.edu.

Eligibility for Services and Accommodations

To be eligible for services and reasonable accommodations, a student must meet the following criteria:

• Be a person with a disability as defined by 504/ADA
  A person with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities (for example, walking, seeing, hearing, thinking, concentrating, and learning). A substantial limitation exists if the manner, duration, or condition under which the activity is performed is significantly limited compared to most people. With respect to post-secondary education, a qualified person with a disability is one who, with or without accommodation, meets the standards for admission to or participation in an educational program, service, or activity. (Adapted from Subpart E: The Impact of Section 504 on Postsecondary Education, Association of Higher Education and Disability.)
• Submits appropriate documentation of a disability that supports the need for services and accommodations to the Office of Disability Services. 

Determining Accommodations

Reasonable accommodations are provided on a case-by-case basis for otherwise eligible students who disclose a disability that causes significant functional limitations in a college setting. The accommodations may vary from class to class depending upon course content and format, and the College is not required to make an accommodation that substantially alters essential elements of a course or program or to implement accommodations retroactively.. The accommodations are intended to compensate for the effects of a disability and provide the student with an equal opportunity to participate. Accommodations are intended to be effective and reasonable; they do not guarantee success. The Office of Disability Services determines appropriate accommodations in conjunction with the student and other college professionals, as appropriate, based on the following considerations:

• Current substantial functional limitations caused by the condition in a college setting, as indicated by the documentation
• Student’s description of need
• Course and program requirements
  (Note: A prior history of accommodations does not mean that the College will provide similar accommodations.)  

The timeline for determining accommodations is available on the Office of Disability Services webpage. 

Disability Documentation

The Office of Disability Services requires documentation to confirm the existence of a disabling condition; to identify current deficits that cause limitations, preferably in a college setting; and to relate the current impact of the condition to the requested accommodations.

Complete guidelines for disability documentation are available on the College’s web site and from the Office of Disability Services.

Disclosure and Confidentiality of Student Information

Student disclosure of a disability is voluntary. All students with disabilities who seek an accommodation have the responsibility to identify themselves to the Office of Disability Services. Identification may take place during the admissions process or at any time during the student's course of study. The College considers disability-related information as confidential material, and it will not become a part of a student’s academic record at the College. This information will be kept as confidential as possible while the accommodations are being considered and thereafter. This information will be released under the following conditions:

• if required by law
• with the student’s written consent
• on a need-to-know basis

Appealing Accommodations Decisions

1. If a student’s request for an accommodation is denied by the Office of Disability Services, the following appeal procedure should be followed:
   • Within five (5) business days of the denial, the student must submit an Accommodations Appeals Form to the Director of Equity, Diversity, and Belonging/Section 504 Coordinator at (504@mc3.edu).
   • The Director of Equity, Diversity, and Belonging/Section 504 Coordinator will respond to the appeal within three (3) business days. If the Director is not available to respond in a timely manner, the Director's designee will make a decision on the student’s appeal within three (3) business days.
2. If an employee denies an accommodation that has been approved by the Office of Disability Services, the following appeal procedure should be followed:
   • The student should complete the Accommodations Appeal Form and submit to the Office of Disability Services within three (3) business days.
   • The Office of Disability Services will contact the employee within three (3) business days to arrange for the accommodation or to identify a reasonable alternative that provides equal access and the opportunity to succeed.
   • If the Office of Disability Services cannot resolve the dispute, the Office of Disability Services will send the completed Accommodations Appeal Form within one (1) business day to the Director of Equity, Diversity, and Belonging, who will investigate the matter in accordance with the College’s Non-Discrimination Policies and respond with a decision within three (3) business days. If the Director of Diversity, Equity, and Belonging is not available to respond in a timely manner, the Director's designee will make a decision on the student’s appeal within the timeframed outlined above.

Student Complaints of Discrimination Based Upon a Disability

Complaints of disability discrimination can be filed with the Director of Equity, Diversity, and Belonging at 504@mc3.edu. 

Employees with complaints of disability discrimination should reference Equal Employment Opportunities for Individuals with Disabilities and Grievance Procedure Policy (6.5). College’s Student Code of Conduct.

State and Federal Agencies

Students who believe that they may have been subjected to disability discrimination, may file a formal complaint with government agencies set forth below. Using the College’s complaint process does not prohibit a student from filing a complaint with these agencies.

U.S. Department of Education
Office of Civil Rights
Philadelphia Office
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107-3323
Telephone: (215) 656-8541
Facsimile: (215) 656-8605
TDD: 800-877-8339
Email: OCR.Philadelphia@ed.gov
https://ocrcas.ed.gov/contact-ocr 

Pennsylvania Human Relations Commission (“PHRC”) 
Philadelphia Regional Office 
110 North 8th Street, Suite 501 
Philadelphia, PA 19107 
(215) 560-2496 
(215) 560-3599 TTY users only 
www.phrc.pa.gov

This policy is available in alternate format upon request.

College Contact Information

Office of Disability Services
disabilities@mc3.edu

Director of EDB/504
504@mc3.edu