MICHIGAN

“PROTECTING THE RIGHTS OF
PERSONS WITH DISABILITIES” Elmer L. Cerano, Executive Director

PROTECTION & ADVOCACY

SERVICE, INC.
President October 7, 2008
Flint
Tom Landry Victor Zambardi
ao Oakland University General Counsel
203 Wilson Hall
pepe) Rochester, MI 48309

2nd Vice President
Grand Rapids

Ronald D. Bush, Il
Secretary RE: Housing for Micah Fialka-Feldman

Detroit

Mark Lezotte

Ca Dear Mr. Zambardi:

er ae I am an attorney with Michigan Protection and Advocacy Service. Inc. (MPAS),
Lansing the organization designated by the governor of Michigan to enforce the federal
Sheila Faunce protection and advocacy laws. MPAS is a non-profit organization dedicated to
seed eerie protecting the rights of persons with disabilities through advocacy, education and
ast Lansin

legal representation.
Robert W. Ryan
Director Emeritus

Lansing Tam writing you on behalf of my client, Micah Fialka-Feldman who was recently

7 oe denied housing in Oakland University’s on-campus residence hall. In her letter of
rederick A. Swegles : -

Director Emeritus May 23, 2008, Mary Beth Snyder denied Mr. Fialka-Feldman’s request for

or Huror housing because he did not meet the admissions requirements due to the fact he is

Mark Brewer, Esq. not enrolled in coursework leading to a degree.

Mt. Clemens

Donna DePalma On its face, this seems like a neutral rule to limit those students eligible for the

Pinckney day : . : ae

limited amount of available housing units on campus. However, application of

Dae Huerta this rule has a disparate impact on students with cognitive impairments enrolled in
sa the OPTIONS program. As such, it may violate state and federal laws,

Ann E, Manning specifically: American with Disabilities Act, Fair Housing Act, Section 504 of the
larkston

Rehabilitation Act and Michigan’s Persons with Disabilities Civil Rights Act.
‘Susan L. Odgers, Ph.D., ABD
‘Traverse City so sas, . . *
Limiting on-campus housing to only students enrolled in coursework leading to a

Stoney Polman degree excludes students in the OPTIONS program and is not merited due to the

Lansing

Ernest A. Reynolds
Roscommon

Frederick F (Rick) Swegles, Esq.
Port Huron

Livonia Office: Main Office: Marquette Office:
Livonia Corporate Towers 4095 Legacy Parkway, Suite 500 » Lansing, MI 48911-4263 129 W. Baraga Ave., Suite A * Marquette, MI 49855-4644
29200 Vassar Blvd., Suite 200 * Livonia, MI 48152-2116 517.487.1755 (Voice or TTY) 906.228.5910
90 800.288.5923 (Information and Referral) 866.928.5910 (Toll Free)
56 (Toll Free) 517.487.0827 (Fax) 906.228.9148 (Fax)

4104 (Fax)
MPAS web site: www.mpas.org


Mr. Victor Zambardi Page 2 10/07/08

fact that the program has numerous requirements that students must meet to be eligible for
enrollment in the program. Making on- campus housing available to Mr. Fialka-Feldman and
other eligible students in the OPTIONS program is not the same as opening housing up to
everyone enrolled at Oakland University.

The OPTIONS program requires the following for admission:

Students must take 12 credits per semester;

Credits are billed at the regular OU rate for undergraduate students;

Been successful in inclusive classrooms throughout his or her public school career;
Completed high school with either a degree or certificate of completion;

Wants to continue taking academic classes for personal enrichment;

Have demonstrated strength in one or more academic areas;

Can get around campus independently and some ability to follow a schedule;

Have a disability that prevents regular admission to college or university;

Have an interest in participating in social activities on campus;

A recommendation from a school transitions planning team or support coordinator;
Have an exit IEP or Person Center Plan; and

Complete an in-person interview.

eoceceoeo ee ee eee

Given the numerous requirements students must meet to be eligible for the OPTIONS program,
excluding then from on-campus housing is without merit.

Furthermore, it’s our understanding that students in the English as a Second Language Program,
which is also a Continuing Education program, are eligible for student housing if it is available.
On the application for the ESL program, a question asks applicants if they are interested in
student housing if it is available. Students in the OPTIONS program however are not provided
with this option.

Finally, if Oakland University should decide to continue this policy, then please consider this a
request on behalf of Micah Fialka-Feldman for a reasonable accommodation pursuant to the state
and federal laws mentioned above.

Specifically, we are requesting that you waive this restriction for on-campus housing and allow
Mr. Fialka- Feldman to live on-campus the same as other students. Mr. Fialka-Feldman, due to a
cognitive impairment, is not able to enroll in a program or coursework leading toward a degree.
Therefore, he requests that you waive or modify this housing requirement which he can not meet
due to his disability.


Mr. Victor Zambardi Page 3 10/07/08

Should you deny this request for a reasonable accommodation, please tell us why granting the
request would create an undue burden on Oakland University. Please let us know your decision
by November 10, 2008.

Sincerely,

AX Gee

hris E. Davis
Attorney

CED/cr

Cc: Micah Fialka-Feldman