The following questions and answers are excepted from Rights and Responsibilities: A Guide to National and International Disability Related Laws for International Exchange Organizations and Participants (2nd Edition). Supplemental links and information have been added for further questions and research.

Does the ADA apply overseas?

Can I have a special application for people with disabilities?

How do I know if a student has a disability?

What is a reasonable accommodation?

How do I know if my program is covered under the ADA or other disability laws?

Are there disability laws in other countries?

I’m worried the student might get hurt. Can I prohibit them from certain activities?

Where can I find more information on students with disabilities studying abroad?

What information can I ask for from international students?

What are the student’s responsibilities in the process of providing reasonable accommodations?

1. Does the ADA apply overseas?

If a program is funded and operated by a program in the United States it must endeavor to meet the requirements of the ADA. If the program also receives federal funding such as a public or private university it must further comply with section 504 of the Rehabilitation Act that requires programmatic access. For further questions on whether extraterritoriality issues should be addressed in relation to international exchange programs, see differing views by Silvia Yee (p. 53)and Arlene Kanter (p. 41) in their articles in the online Rights and Responsibilities booklet.

 2.   Can I have a special application for people with disabilities?

During the application process for international exchange programs, applicants must be considered solely on the basis of their qualifications, regardless of disability. Once an applicant has been accepted, the process of facilitating appropriate accommodations can begin. Program staff should review policies to be sure requirements have not been established that would exclude applicants based on disability. (Refer to page 66 for applicable case studies.) 

3.   How do I know if a student has a disability?

Participants with disabilities can choose whether or not to identify themselves as a person with a disability needing accommodations. Those who choose not to self-identify should be aware that programs may not be required to accommodate anyone who has not made his or her needs known in a timely manner. Furthermore, accommodations are not retroactive. If a student waits until he/she is failing a class or some similar situation, the accommodation request cannot be to do the class over. The student will have to work with the accommodations from that point on to attempt to repair grades and standing. (Refer to pages 9-11 for more in-depth discussion.) 

4.  What is a reasonable accommodation?

Reasonable, or appropriate, accommodation is any modification or adjustment that will enable a qualified applicant or participant with a disability to take part in the application process or to perform essential functions of the program. Reasonable accommodation also includes adjustments to ensure that a qualified individual with a disability has rights and privileges equal to those of participants who do not have disabilities. To determine whether an accommodation is "reasonable," it is easier to define what is not reasonable and assume that if the accommodation needed does not clearly fall under those guidelines, it is probably reasonable. There are three kinds of accommodations that are not considered reasonable: (1) If making the accommodation or allowing participation poses a direct threat to the health or safety of others; (2) If making the accommodation means making a substantial change in an essential element of the curriculum (educational viewpoint) or a substantial alteration in the manner in which services are provided; and (3) If it poses an undue financial or administrative burden. (Refer to pages 3- 6 more in depth discussion and 41-47 for applicable case studies.)

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5.   How do I know if my program is covered under the ADA or other disability laws?

For more in depth discussion on exactly what each law says and which entities fall within them, see the resources and simple definitions below: 

• The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability by federal agencies, programs that enter a contract with the federal government and recipients of federal financial assistance, as stated in Section 504. For more information, visit the Disability Law Resource Project.
•  Title II of the ADA prohibits state and local governments, including state universities and colleges, from discriminating on the basis of disability. For more information visit Title II Highlights.
• Title III of the ADA extends the Rehabilitation Act’s disability nondiscrimination mandate to the private sector by covering places of public accommodation, which include “a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education.” Title III also covers commercial facilities and nonprofit organizations that “offer examinations or courses related to licensing, certification, or credentials for secondary or postsecondary education, professional, or trade purposes.” Private schools and colleges must ensure that discrimination on the basis of disability does not bar students with disabilities from “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” For More Information visit Title III Highlights.

(Refer to pages 3-6 for a more in depth discussion specific to international exchange providers.)

6. Are there disability laws in other countries?

Throughout the past two decades disability-related anti-discrimination and human rights law and policy reform has taken place along parallel paths: at the international level primarily through the United Nations, and at the country level where the United States has played a leadership role. (Refer to pages 29-38 for a more in depth discussion and for applicable case studies.)

• Contact the U.S. consulate for the country.
• Contact host country Disabled Persons Organizations.
• Consult the list published by the Disability Rights and Education Fund (DREDF) at www.dredf.org. Here, searchers may find the text of the law, a summary or an abstract.
• Contact the Institute on Independent Living. The institute serves self-help organizations of disabled people who work for equal opportunities, self-determination, and self-respect. The Institute offers training materials, technical assistance, and information on personal assistance, advocacy, access, legislation, and peer support. The Institute also has a full-text library with documents about human rights and disabilities, women and disabilities, accessibility, and many other categories. There is also a database of organizations and companies in the disability field for networking.

7.   I’m worried the student might get hurt. Can I prohibit them from certain activities?

Programs may not impose additional requirements on a participant due to fears of liability or notions of safety, which are not also applied to non-disabled participants. (Refer to page 66 for applicable case studies)

8.   Where can I find more information on students with disabilities studying abroad?

• Read A World Awaits You (AWAY) Journal an online journal of success stories
• Read free ideas, tips and resources on issues of disability and international exchange.
• Order Building Bridges: A Manual on Including People with Disabilities in International Exchange Programs (4th Edition)

(Refer to pages 115-123 for applicable case studies a list of resources.)

9.   What information can I ask for from international students?

When an international student with a disability is accepted into an educational exchange program, he or she should bring to the United States copies of school records or descriptions of any educational supports and services he or she received in the home school. Depending on the type of disability and how it affects the student in home, community and school life, supports such as sign language interpretation or a personal assistant in the classroom, access to adaptive technology at the host home, school counseling services, or connecting the student with disability-related resources in the host community may need to be set up to make the experience successful. Programs will find guidance and assistance with setting up accommodations by connecting with the campus office for ADA or disabled student support services. To help programs in providing accommodations the National Clearinghouse on Disability and Exchange has developed sample forms and templates for a variety of disabilities. For more on including people with disabilities on international exchange:

• Refer to pages 101-103 for a more in depth discussion and applicable case studies.
• Read the webpage Inclusion of People with Disabilities Strategies.

10.  What are the student’s responsibilities in the process of providing reasonable accommodations?

• To self identify as a person with a disability.
• To provide documentation of a disability and appropriate accommodations. 
• To allow enough time before he or she wishes to participate in the program to allow for documentation, which may include testing and appointments, researching possible accommodations and arranging accommodations.

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The contents of this guide were developed by the NCDE, which is sponsored under a cooperative agreement from the U.S. Department of State. However, those contents do not necessarily represent the policy of the U.S. Department of State, and you should not assume endorsement by the federal government.

All information in Rights and Responsibilities: A Guide to National and International Disability-related Laws for International Exchange Organizations and Participants is subject to change without notice. To the best of its ability, Mobility International USA (MIUSA)/ National Clearinghouse on Disability and Exchange (NCDE) verified the accuracy of the information prior to publication. Although efforts have been made to ensure accuracy, MIUSA/NCDE does not guarantee the accuracy of the book. MIUSA/NCDE cannot be held liable for inaccuracy, misinterpretation or complaints arising from this book. Any listing of an organization, company, service or resource should not be construed as an endorsement.

Please contact MIUSA/NCDE with suggestions or corrections.

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