Frequently Asked Questions

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Must a college or university provide an interpreter for study abroad programs?

Colleges and universities generally offer multiple study abroad options. Programs vary in length of time spent abroad, whether study is arranged individually or as part of a group and whether credit and tuition are granted from and paid to the "home" or overseas "host"' institution. If credit is given, there is no legal distinction between program requirements and optional experiences.

Decisions regarding accommodations for study abroad programs are complex. The 1990 Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 provide a guide for institutions to assist them in developing policies and practices. Legal precedents from court decisions, settlements, and administrative rulings from the Office of Civil Rights (OCR) shape policies and practices as does each institution's mission statement. It is recommended that institutions use their mission statement as a guide and consult their legal counsel when balancing associated costs with the intent of the law. To deny a study abroad option to a student who is deaf or hard of hearing based on their disability may put the university at legal risk.

Relevant Case Law:

1. College of St. Scholastica (MN), Case No. 05-92-20953, NDLR 196 (OCR Region V 1990).
   "St. Scholastica College . . . was obligated under Section 504 to pay for interpreter services to accompany a deaf student on her (college's) study abroad program in Ireland." OCR found no provision in Section 504 giving the college the right to deny a qualified student with a disability an educational opportunity in an overseas program
2. Bird v Lewis & Clark College (1996)
   Student who is a wheelchair user participated in a college-sponsored overseas program in Australia. The student was not permitted to participate in all activities and was carried rather than provided with alternate means of transportation and accessibility. The district court noted that the plaintiff was an American student who attended an American university's overseas program, taught by American faculty. The ongoing requirement of adherence to the Rehabilitation Act and the ADA did not evaporate when Lewis & Clark College faculty accompanied Lewis & Clark students on a Lewis & Clark college sponsored program overseas. This decision affirmed on appeal.
3. Arizona State University (OCR 2001)
   A student who is deaf sought accommodations (sign language interpreters) to attend an Irish university for a year. The program was not operated by an American university. ASU denied the request, and the student filed a complaint with OCR. OCR stated that "neither the ADA nor Section 504 prohibit discrimination on the basis of disability in overseas programs." Student attending overseas program that is not part of the program of an American university may not be entitled to protection under American laws.

Resources:

• National Clearinghouse on Disability and Exchange at Mobility International USA http://www.miusa.org/ncde/
• Learning Abroad Center, University of Minnesota, www.umabroad.umn.edu/access/
• "Arranging for Sign Language Interpretation Abroad: A Disability Service Provider Perspective." and "Attitudes of College Students Toward Study Abroad: Implications for Disability Service Providers." Keen, K. Institute of International Education Network Column: Widening the Circle. 2003. http://www.iienetwork.org/?p=29258