There is no federal legislation that directly protects the rights of students with disabilities when dealing with construction sites on campuses of higher education, except for a general mandate to maintain accessibility to programs, said L. Scott Lissner, Ohio State’s Americans with Disabilities Act coordinator.
“Students with mobility disabilities are especially vulnerable to construction sites that are not well-maintained because such sites can inhibit the student’s ability to travel around campus in a timely manner,” Lissner said.
Some federal legislation does have underlying implications for OSU students with disabilities, Lissner said.
According to the Rehabilitation Act of 1973, higher education institutions must provide equal access to programs, facilities and benefits for students with disabilities.
“This basically requires OSU to make sure that there are travelable pathways for students who use a wheelchair, regardless of construction,” Michael Kinney, a counselor for OSU’s Office of Disability Services, said.
Another piece of legislation found in the Americans with Disabilities Act of 1990 focuses on preventing discrimination against people with disabilities in areas such as employment, but does not address accessibility issues for students with mobility difficulties.
“OSU has enough students with disabilities that mobility issues cannot be ignored when considering construction on campus,” Kinney said.
Fortunately, OSU is ahead of the game when it comes to maintaining federal regulations that protect students with disabilities.
“OSU is one of the only large schools that has a full-time position dedicated entirely to maintaining ADA regulations,” Lissner said.
Perhaps in response to a lack of specific legislation, OSU has set its own guidelines that construction companies are required to maintain in order to protect students with mobility disabilities.
According to OSU building design standards found on the university’s Facilities and Planning Development Web site, contractors are required to meet and maintain two levels of accessibility while working with construction projects on campus.
First, at least one pathway to and from a building being remodeled must be accessible to individuals with disabilities.
Second, signage on a sidewalk barricade must indicate it is closed.
Still, mishaps happen.
Recently, Jaime Lee Goodemote, a fourth-year history student who uses a wheelchair, was heading to class for a midterm and found the ramp she usually used to enter the building was closed because of the construction. She was unable to take her midterm because she could not get into the building.
When such problems come up, Goodemote uses the resources at the Office of Disability Services. She said ODS tries to fix problems as they arise, and in this case, they arranged for her to complete her midterm in their office.
If, however, a problem arises that is not immediately taken care of, a student’s only defense against an institution not up to current ADA regulations is to file a complaint with OSU’s office of civil rights.
“The federal regulations are wonderfully complaint-driven mechanisms. There are no ADA police,” Lissner said.
No one keeps tabs on institutions required to maintain ADA standards – the government simply expects the rules to be followed, Lissner said. If there are enough complaints, the institution would undergo a detailed investigation by the civil rights office.
OSU does its best to ensure this does not happen.
“Disability Services acts as an interface between students with mobility disabilities and the problem area, whether that be a construction site, a missing ramp or an outdated building,” Kinney said.
But ensuring construction stays up to standard is a shared responsibility.
“The bulk of the responsibility at construction sites is in the hands of contractors, and students can speak directly to the ADA office if there is a problem,” Lissner said.
However, with 20-plus construction sites, communication is less than perfect.
For example, the Campus Area Bus Service’s guarantee of door-to-door drop-off and pick-up service for students with disabilities may be hindered because of construction on campus, said Robert Summerfield, operations coordinator for OSU’s Transportation and Parking Services.
The specialized vans, called handivans, that carry students with disabilities, take a little more time to get around campus with all of the construction.
“The problem becomes worse if an entrance to a road is blocked off and we are forced to make a new drop-off or pick-up location for the students,” Summerfield said.
This could mean a student in a wheelchair is forced to travel an extended distance to get to a specific building.
Construction may also be particularly uncomfortable for students with mobility disabilities.
“When handivans go over bumps, it can cause extreme discomfort because these students are more physically restricted than able-bodied students,” Summerfield said.
Goodemote, however, said she has not had to make any major changes because of the construction. She still leaves her home half an hour before classes start to board the handivan which drops her off as close to the door of her class building as possible.
Most of all, Goodemote said she has to remember which way to get to buildings because sometimes the main entrance will be closed or a ramp will be torn down.
“Construction is a pain in the butt, but hopefully it will improve access,” Goodemote said.
Summerfield agreed.
“We have had some complaints from students with mobility disabilities about the excess construction, but construction is a necessary evil in order to make improvements and students are happy to have the added accessibility,” Summerfield said.
OSU has over 1,100 registered students with disabilities, 216 of whom are registered handivan users and 156 of whom have registered mobility disabilities, Lissner said.
