Students Sue College for Failure to Provide Access

The National Association of the Deaf (NAD) and the law offices of Matthew W. Dietz, filed a federal lawsuit on behalf of Suzanne Bergman and Laura Koschuk, two deaf students, against Daytona State College and its director of the Disability Services Office for their consistent failure to provide deaf students with full access to education at all times.

The suit was filed under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. These federal statutes require colleges, including Daytona State College, to provide auxiliary services such as qualified sign language interpreters, qualified note takers, closed captioning of media and other services to ensure effective communication so that each student is not excluded from participation in the classroom, or otherwise subjected to discrimination based on disability.

“The Americans with Disabilities Act requires Universities to provide deaf and hard of hearing people with access to education and to receive and impart information and ideas on an equal basis with their hearing peers,” said Mr. Dietz, an attorney representing Ms. Bergman.

Ms. Bergman started attending Daytona State College to achieve her dream of becoming a nurse. Instead of providing her with a qualified sign language interpreter as she had requested, Daytona chose captioning software that was not only inaccurate, but also did not allow her to participate in classroom discussion or to ask questions. After lawyers intervened on Ms. Bergman’s behalf, Daytona State College agreed to provide an interpreter and note-takers for lectures. However, access did not last long for Ms. Bergman, Daytona State College refuses to provide interpreters for Ms. Bergman’s clinical courses – which are critical to gain the practical experience necessary to excel as a nurse.

During her first two semesters at Daytona State College, Ms. Koschuk was denied an interpreter and note taker. Furthermore, videotaped class materials were not captioned. Since then, Daytona State College has provided inconsistent and often sporadic interpreting and note-taking services. Daytona State College maintains that they are not required to provide Ms. Koschuk with an interpreter, they are only required to provide an accommodation of their choice. 

“No education is complete without access to classroom discussion, materials, conversations with professors and classmates, and other sources of class information. Deaf and hard of hearing students are entitled to full and effective access under federal law,” said NAD President Bobbie Beth Scoggins.