Running head: STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH

DISABILITIES

Review: Study Abroad Accessibility for Students with Disabilities

Samantha M. Sonkowsky
University of Wisconsin La Crosse: SAA 730

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

Review: Study Abroad Accessibility for Students with Disabilities

Education abroad opportunities have dramatically increased over the past decade at
colleges and universities across the United States. Data from the Open Doors Report on
International Education Exchange reported a total of 289,408 U.S. students studying abroad for
academic credit in 2012/2013. This is a growth of 2.1 percent of students study abroad in
comparison to previous data from last year (Institute of International Education, Fast Facts,
2014). Likewise, the number of students studying abroad with physical and mental disabilities
has also increased in recent years. From 2006/2007- 2012/2013 there has been a 2.5 percent
increase of students with disabilities participating in an education abroad program for academic
credit. The most recent data showed the total number of students with disabilities studying
abroad totaled 3,194. Students with disabilities accounted for 5.1 percent of total students in the
U.S. who participated in a study abroad program in 2012/2013. (Institute of International
Education, Students with Disabilities, 2014). It is expected that the number of students with
disabilities studying abroad will continue to increase given current trends and the extensive
protection they receive under the Americans with Disabilities Act (ADA) and Section 504 of the
Rehabilitation Act. A main concern related to this topic is the accessibility of study abroad
opportunities for students with disabilities.
Examination
The goal of this paper is to build a better understanding of the legalistic environment
related to accessibility of education abroad opportunities for students with disabilities. It will
examine topics such as: (1) the definition of disability, (2) disability law, (3) extraterritorial
application, (4) relevant court decision, (5) disclosure, (6) accommodations, (7) access

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

assessment, (8) advisement strategies for education abroad advisors, and (9) financing; all related
to study abroad accessibility for students with disabilities.
Defining Disability Law
The term disability can be quite broad. This broadness can be seen under the ADA
Amendments Act of 2008 and the 2011 Equal Employment Opportunity Commission Regulation
as it translates over to institutions of higher education (IHE). It is inherently unclear who in
particular is and is not covered. In defining students with disabilities, Rothstein (2009) defines
this as, those who have physical or mental requirements that substantially limit one or more
major life activities or are regarded as having such are covered. Students with disabilities
may or may not require accommodations. However, institutions may have set requirements for
students, who are otherwise qualified, to carry out academic and technical standards if given the
opportunity to do so with or without accommodations (Lake, 2011).
Disability Law
Regarding study abroad programs, there exists much confusion surrounding the agency
and application of federal disability laws. Important laws that detail regulation of disability
discrimination in the context of IHE are Section 504 of the Rehabilitation Act and ADA Titles II
and III. Section 504, prohibits discrimination against individuals with disabilities in connection
with programs and activities that receive financial assistance (National Council on Disability,
2012). ADA Title II states, in the application of public IHE, that,
No qualified individual with a disability shall, by reason of such disability, be excluded
from participation in or be denied the benefits of the services, programs, or activities of a
public entity, or be subjected to discrimination by any such entity (National Council on
Disability, 2012).

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

ADA Title III addresses disability law application in regards to private providers of public
accommodations in that,
Reasonable modifications be made to ensure that people with disabilities can fully and
equally enjoy public accommodations. Any entity that leases, owns, or operates a
public accommodation must make reasonable modifications to its premises that are
necessary for people with disabilities to access goods, services, facilities, privileges,
advantages, or accommodations (National Council on Disability, 2013).
Yet to be clarified is the application of the above disability laws along with recent ADA
Amendments to programs offered by IHE that take place outside of the U.S. (such as study
abroad programs).
Extraterritorial Application
Extraterritorial application of federal laws have recently come into question as there is no
mention in Section 504 nor Titles II or III of ADA concerning Americans studying abroad or
American IHE sponsored study abroad programs (Kanter, 2003, p. 305). IHE should not assume
these laws simply do not apply to study abroad programs due to lack of clarification in current
disability discrimination laws and should act as if they do apply (Sygall, 2006). Few courts have
actually examined extraterritorial reach. The first case its application was examined by the
federal courts occurred in the case of Bird v. Lewis and Clark College (p. 305). The case
involved an American student who claimed she was denied wheelchair accommodations during
her participation in a study abroad program in Australia in 1996. The facts of the case were that
Bird was, an American student who attend an American universitys overseas program, taught
by American faculty, employed by an American college, which is incorporated within the United
States, and was doing business in the United States (p. 307). The decision upheld by the courts

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

concluded that based on the facts, the case was not barred by the presumption against
extraterritoriality (p. 307). Kanter (2003) explains this presumption against extraterritoriality as,
the longstanding principle of American law that federal statutes enacted by Congress are
meant to apply only within the territorial jurisdiction of the United States. Original justification
for the pre-sumption against extraterritoriality was based on principles of sovereignty (p. 291).
Another pertinent ruling to extraterritorial reach occurred in 1996, involving Arizona
State University (ASU). The Office of Civil Rights of the United States Department of
Education (OCR) upheld ASUs decision to deny a deaf student, interested in studying in Ireland,
interpreter services while abroad. OCRs decision held that, Title II of the ADA and Section
504 of the Rehabilitation Act do not apply extraterritorially (p. 307). However, in a 2002 a
nearly identical case to the ASU one came under review involving St. Scholastica, a private
institution in Minnesota. The OCR ruled, under the Rehabilitation Act, that St. Scholastica was
required pay for an interpreter for a deaf student while studying abroad in Ireland. Additionally,
the OCR concluded the university had no right (under Section 504) in denying, a qualified
student with a disability an educational opportunity in an overseas program (p. 309).
In cases where the federal courts have gone in favor of extraterritorial application for
U.S. education abroad program, it cannot be expected that the international laws of another
country will follow or align with the enacted laws. When an American university offers and
operates a study abroad program internationally, and they have students with disabilities
receiving accommodations at their home institution, the institution is expected to extend those
reasonable accommodations abroad.
Rise of International Disability Laws

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

A growing support of international disability laws have surged since the U.S. enacted the
ADA. A total of almost 40 countries have passed similar laws banning disability-based
discrimination. In 2002, the United Nations enacted a Convention on the Rights of People with
Disabilities, which provides support in enforcing, domestic disability discrimination laws
throughout the world (Kanter, 2003, p. 318). In providing equal opportunity to all, U.S. study
abroad program can set the example in other countries. Giving equal opportunity to those who
are disabled is the core mission of the Rehabilitation Act and the ADA. It would be in the U.S.
Congresss best interest to extend extraterritorial application to study abroad programs as it,
expands opportunities for individuals with disabilities, as expressed by the enactment of the
ADA (p. 318).
Students Self-Disclosure of Disability Status
Students with disabilities may be reluctant to disclose they have a disability when
applying to a study abroad program. No law currently exists requiring students to disclose their
disability or states when they ought to disclose them during the study abroad process. Therefore,
it becomes important to encouraged students to disclose their physical, mental, or physiological
disability to their education abroad advisor early on in the advisement process (Hoffa & Martin,
2005). A primary resource an education abroad office may use is their institutions admissions
disclosure guidelines. Using the disclosure guidelines set by the institution helps reduce
discrimination and screening-out students with disabilities from participating in study abroad
programs. In general, institutions of postsecondary education are not permitted to make what is
known as a preadmission inquiry about an applicants disability status (34 C.F.R. 104.42(b)(c).). Although explicit preadmission inquires are not acceptable, IHE can encourage applicants
to self-disclose to better accommodate them if accepted. Once the disability is disclosed, the

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

student and the education abroad office make a joint effort with disability services, healthcare
providers, and the host institution abroad in appropriately determining the students ability to
participate (Hoffa & Martin, 2005).
Accommodating Students with Disabilities
An institution may choose to operate under Section 504 and ADA under the assumption
that they do apply in accommodating students with disabilities studying abroad. However, this
does not mean the institution will grant every accommodation request. Under these laws and as
established in the case of Wynne v. Tufts University Medical School, there is no requirement for,
colleges and universities to fundamentally alter the nature of the programs or activities in
question or take on an undue financial or administrative burden" (Rothstein, 2009, p. 691). In
accommodating students with disabilities it is imperative to assess the amount of control the
institution has over the study abroad program, as this will vary. A varied level of control leads to
varied levels of liabilities associated with risk. For example, if a student direct enrolls at a
foreign institution, the host institution assumes full liability and the home institution is no longer
liable for the student. Furthermore, direct enrollment usually requires the student to withdraw
from their home intuition entirely. After program completion, the student may re-enroll at their
home institution and transfer academic credits earned from the host institution if transferable
(Van Der Werf, 2007, p. 3).
With such a flux in program liability, accommodating students with disabilities often
occurs on a case-by-case basis and can prove to be an intensive cooperative endeavor. However,
some institutions value universally designed study abroad programs that are attractive and
accommodating to a range of students (Soneson & Cordano, 2009). Universal Design is defined
as, the design of products and environments usable by all people to the greatest extent possible,

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

without the need for adaptation or specialized design (Center for Universal Design, 2008). In
developing universally designed programs, IHE should be aware that, any modification must be
feasible within the cultural, institutional, and physical realities of the overseas context (p. 278).
An institution can design universal programs by standardizing a variety of aspects related to
disability accommodations and clearly stating accommodations in study abroad program
resources. Dedicated efforts related to disclosure and case-by-case needs assessments can be
reduced by implementing a universal education abroad program design (Soneson & Cordano,
2009).
Accessibility Assessment
IHE can assess the accessibility of their current study abroad programs to better
recognize potential changes or potential opportunities to enhance program design. Once new
possibilities are identified for study abroad accessibility for students with disabilities this
information ought to be included in the institutions education abroad resources. This creates
awareness for students pertinent to program possibilities and limitations while decreasing
accessibility assumptions due to lack of knowledge (Soneson & Cordano, 2009).
Areas of study abroad accessibility assessment can include the physical, academic,
cultural, informational, and policy/programmatic environments. The physical environment may
include: the residential facility, classrooms, program office, public spaces, and excursions. An
academic environment may include: teaching materials, teaching style, discussion format, and
information dissemination. The cultural environment may include: excursions, physical spaces,
interactions, organizations, and information notification. The informational environment may
include: program materials, resources, support services, and forms of communication. The
policy/programmatic environment may include: inclusivity statements, visual statements,

STUDY ABROAD ACCESSIBILITY FOR STUDENTS WITH DISABILITIES

staffing, support services, points of contact, different formats of program and promotional
materials, forms, waivers, and program evaluations (Soneson & Cordano, 2009). More
information on these environments and their context can be found in Universal Design and Study
Abroad: (Re_) Designing Programs for Effectiveness and Access. By assessing different
environments in the context of study abroad, education abroad offices can use this information to
become more responsive to the needs of students with disabilities.
Advisement Strategies
Study abroad advisement strategies for students with disabilities are best executed when
there is a cooperative effort between the education abroad office and their disability services
office. Printed and web-based study abroad resources with a range of programs, specific to
particular disabilities, should be made available in both offices. Once a student communicates
their interest, start the advisement process early (it is suggested to start two months before
general program application deadlines) in order to identify possible programs. Of great
importance to the advising process is early disclosure before a student selects a program.
Advisors should encourage students to self-disclose their disability as early as possible in
order to better accommodate them. Before acceptance, research disability support services or
offices that are available in possible countries of interest. Another strategy to better advise
students with disabilities interested in going abroad is to connect them with previous students
who have study studied abroad (Soneson & Fisher, 2011). Once a student is accepted to a study
abroad program, ongoing communication is imperative with the student, disability services, the
host institution, and disability services in the host country in fully preparing the student for their
study abroad experience.
Finances Related to Accommodations

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Accommodations for students with disabilities study abroad can be cost-free or very
inexpensive. Students with disabilities may receive support from various resources and
organizations in the U.S. and in their host country to better assist them. It is also possible that
some students may not require any special accommodations. In many cases, students will already
own necessary adaptive equipment or the host institution is equipped to provide special
accommodations related to their disability (Hoffa & Martin, 2005). Mobility International USA
(MIUSA) suggests allocating at least 5 percent of an institutions education abroad budget to
disability accommodation requests.
Another way to keep costs low is to share expenses across the education abroad office,
disability services, the U.S. program provider, and the host institution (Hoffa & Martin, 2005, p.
236). Supplemental funds from those service clubs, foundations, corporations, and private
donors, who value inclusivity for individuals with disabilities, may also be available to students.
Other ways a student with disabilities may be able to fund their study abroad program is through
targeted scholarships and state funded grants. Furthermore, if a student receives Supplemental
Security Income (SSI) benefits, he/she should apply to have those benefits continue while
abroad (p. 237). Budgeting and exhausting all cooperative funding efforts wisely creates
greater accessibility for students with disabilities studying abroad. This inherently creates a
proactive reach in institutional commitment to diversity and inclusion for students with
disabilities (Hoffa & Martin, 2005).
Summary
With the increase of students with disabilities studying abroad it is important for IHE to
become familiar with the legalistic environment of disability law and understand the challenges
related to study abroad accessibility for students with disabilities. It is projected that the number

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of students with disabilities studying abroad will continue to grow in the years to come. The
definition of disability may change or expand, as could the laws and protections students with
disabilities receive under the ADA and Section 504 of the Rehabilitation Act. Such changes
could promote and/or foster equal opportunity for students with disabilities wishing to participate
in education abroad programs. Regarding extraterritorial application of Titles II and III of the
ADA and Section 504, it remains that IHE should act as though federal disability laws do apply
abroad. With some recent cases going in favor of extraterritorial application abroad,
establishment of extraterritorial laws regarding disability could occur as it aligns with congress
mission to, expand[s] opportunities for individuals with disabilities, as expressed by the
enactment of the ADA (Kanter, 2003, p. 318).
With more students with disabilities study abroad it will become increasingly important
for students to self-disclose their disability early on in the advisement process in order to better
accommodation them. As of now, accommodations abroad are not guaranteed by either the
home or host institution. To best accommodate a student with a disability a cooperative effort by
the student, the education abroad office, and the disabilities services office in selecting program
is paramount. Universities operating their own study abroad programs can also implement
Universal Design to better accommodate all students in choosing a path towards education
abroad. Students with disabilities can also receive financial support from disability organizations
and can continue to receive federal benefits while abroad to further accommodate and support
them. Additionally, organizations such as MIUSA can serve as a great resource for students,
education abroad offices, advisors, and all IHE as they provide a wealth of current information
related to study abroad accessibility for students with disabilities.

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References
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Kanter, A. (2003). DEVELOPMENT IN DISABILITY RIGHTS: The Presumption
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Leave Students with Disabilities Studying Abroad? 14, 291-445
Hoffa, W., & Martin, P. (2005). Advising Students on Safety and Security Issues. In NAFSA's
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the United States. Washington, D.C.: National Council on Disability.

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Soneson, Heidi M., & Fisher, Shelly. (2011). Education Abroad for Students with Disabilities:
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Sygall, S. (2006). Building bridges: A manual on including people with disabilities in
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