## Facts

- A student at California State University, Fullerton had a visual impairment and could not read printed text.
- To access course information, the student used computer software that converted text into auditory output.
- The student registered with the university’s Disabled Student Services (DSS) office and completed DSS procedures to request course materials in an electronic/alternative format for her registered classes.
- Despite the student’s timely requests and compliance with DSS procedures, DSS repeatedly did not provide electronic versions of required instructional materials until after classes had begun.
- The student experienced these delays across multiple academic terms, including spring 2003, summer 2003, and fall 2003.
- Because she lacked timely access to readings and other instructional materials, the student withdrew from certain classes and later retook them.
- The student filed a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) alleging disability discrimination.
- OCR investigated by requesting and reviewing information and by conducting telephone conferences and interviews with relevant university staff, including DSS personnel.
- DSS staff attributed the delays in converting and delivering materials to limited resources.
- During OCR’s investigation, the university submitted a resolution agreement committing to add resources and take steps aimed at ensuring timely conversion and delivery of alternative-format course materials.

## Issues

1. Whether the university implemented the student’s documented and authorized academic adjustments in a timely manner as required by Section 504 and ADA Title II.
2. Whether the university’s method of administering the production of electronic text (alternative print formats) created barriers that limited the student’s ability to participate in and benefit from the educational program.

## Decision

- OCR concluded that the evidence established the university did not provide the student academic materials in an appropriate, accessible alternative format and in a timely manner for classes the student registered for in spring 2003, summer 2003, and fall 2003.
- OCR addressed the matter through a resolution agreement rather than a litigated or adjudicated decision.
- The university agreed, without admitting a violation of law, to take corrective actions aimed at ensuring timely conversion and provision of course materials in alternative formats.
- The agreement included providing additional resources to DSS and implementing measures intended to prevent future delays.
- OCR closed the investigation subject to the university’s implementation of the agreement and OCR’s monitoring as needed.

## Legal Principles

- Section 504 prohibits disability discrimination by recipients of federal financial assistance and requires schools to provide qualified students with disabilities equal opportunity to participate in and benefit from educational programs.
- Under 34 C.F.R. § 104.44(d), a postsecondary recipient must take necessary steps to ensure that no student with a disability is denied program benefits because of the absence of educational auxiliary aids.
- Title II of the ADA applies to public entities, including state universities, and requires effective communication through appropriate auxiliary aids and services when needed.
- Auxiliary aids must be provided in a manner that is effective and timely; access delivered after instruction begins can deny equal opportunity even if materials arrive later.
- An institution’s method of administering disability-related services, including the process for producing alternative-format materials, may violate federal requirements when it creates barriers that limit participation by students with disabilities.
- Resource limitations within a particular office do not excuse repeated failures to provide required aids when the result is that a student cannot access instructional content when other students can.
- OCR may resolve investigations through voluntary agreements requiring forward-looking corrective steps and may monitor compliance.

## Conclusion

California State University Fullerton, OCR Docket Number 09-03-2116 reflects OCR’s determination that repeated delays in providing accessible, alternative-format instructional materials to a legally blind student—despite the student’s completion of DSS procedures—limited the student’s equal access to coursework across multiple terms, leading to course withdrawals and retakes; the university resolved the matter through a resolution agreement to add resources and improve timely delivery of accessible materials under Section 504 and ADA Title II.
