Knowing Your Rights and Responsibilities

Does the ADA apply to education abroad programs?

The ADA is a territorial law which mostly only applies to individuals and organizations based on US soil, but you might be wondering whether it covers you when you go abroad on an exchange program.

Some disability resource professionals believe that the ADA does not apply to education abroad programs even if they are based in the United States, while others advocate a more cautious approach. Where your program provider falls on this spectrum will depend on a variety of factors such as its legal council, financial resources and control that it has over staff in the host country.

Good Reasons for Providing Accommodations

• The National Association of College and University Attorneys recommends that institutions proceed as if the Americans with Disabilities Act applied in international contexts.
• It reflects a commitment to inclusion and an institution’s international mission.
• The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 operate as a floor, not a ceiling, for programs in making decisions.
• Many colleges and universities do provide accommodations for students on study abroad simply because they think it is the right thing to do.

Look at the Entire Program to Gauge Accessibility

• While you must receive meaningful access to essential aspects of the program, this doesn’t mean every single aspect will be accessible.
• What is reasonable in the United States may look different abroad, and requires diligence by you and the program staff in exploring the options on a case by case basis.
• The amount of control over the program makes a difference in what the staff, and you, can expect.

Be Clear and Realistic about What Programs Can Deliver

• Conversations about potential barriers are not meant to discourage you. Realistic expectations make for less frustration and better planning for inaccessible encounters.
• It is also not meant to scare you – programs have an obligation to prevent harm from coming to you, but you need to understand no program can ensure safety.
• It’s always a risk and adventure, and with that comes the opportunity to learn and grow, and the dignity in moving forward in what you set out to do.

^{Source: National Association of College and University Attorneys, NACUA Notes April 26, 2012, Vol. 10, No. 7}

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