National Law
Committee

What Are a Squadron's Obligations
to Students Under the ADA?

The "Americans With Disabilities Act" (ADA) was written to improve the accessibility of businesses and services open to the public.

Local educational officers and commanders need to be aware of the requirements of ADA and sensitive to the needs of individuals protected by the Act. As good citizens, we should make every reasonable effort to accommodate the special needs of our public students and members who have disabilities.

When faced with requests or the obvious need for special services or facilities, squadrons and districts should make a good faith attempt to assist and/or accommodate the disabled individual(s). Reasonable cooperation and flexibility are the key to meeting these needs.

Assistance in meeting special needs may often be obtained through contact with local and state governmental, charitable, and private resources/services.

A request under ADA may ask for a specific service or accomodation. The ADA recognizes that providing some accommodations could impose an undue burden on the organization concerned. In such cases, the ADA allows the group to suggest alternatives or refuse the request entirely.

Example: the cost of providing a professional signer for hearing-impaired students for multiple sessions of a public boating course could create an undue burden on a small squadron with limited funds. That squadron might offer alternatives that impose a more reasonable burden, such as one-on-one tutoring or the use of volunteer (unpaid) signers.

Even though "undue burden" is a proper basis for declining a request for a specific accommodation, determining whether the burden is unreasonable will always depend on the unique facts and circumstances surrounding the request and the organization. Additionally, ADA places the burden of proving "undue burden" on the organization. Many problems and challenges [including "compliance tests" by advocate groups] can be avoided or simply resolved by an organization's display of a cooperative and sensitive attitude and spirit, rather than invoking a quick reliance on the letter of the law. Prior to the issuance of any statement of "refusal" of any request for accommodation, the SEO and Commander must involve and seek guidance from the local district or squadron law officer, or in the absence thereof, the national law officer.