It is important to understand the difference between accommodations under the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act and reasonable pregnancy-related modifications under Title IX of the Education Amendments of 1972.
ADA Accommodations
ADA accommodations are intended to ensure that students with documented disabilities receive equal access to their academic programs. These accommodations are:
- Not Retroactive: ADA accommodations do not apply to issues that occurred before the request was made.
- For Documented Disabilities: ADA accommodations are provided to students with qualifying disabilities that are supported by documentation.
- Must not Fundamentally Alter the Course: ADA accommodations must ensure equal access without fundamentally altering the nature of the course or program.
Pregnant and Parenting Modifications
Reasonable pregnancy-related modifications, on the other hand, are designed to address the temporary and situation-specific needs of pregnant and parenting students. These modifications:
- Can Be Retroactive Reasonable pregnancy-related modifications may address prior needs, such as excusing past absences or allowing make-up work, even if the request was made afterward.
- Ensure Continuation of Education: These modifications ensure that pregnant and parenting students can continue their education without discrimination.
- Must not Fundamentally Alter the Course: Modifications must ensure equal access without fundamentally altering the nature of the course or program.