DISABILITY ACCOMMODATIONS TRAININGPRESENTED BY:

TAMRA J. ENGLISH AND MELISSA V. GARCIA

DISABILITY LAWS

Federal Law Americans with Disabilities Act

Section 504 of the Rehabilitation Act Of 1973

The Fair Housing Act

Institutions, in the role of landlord, may need to make reasonable accommodations for disabled student-tenants.

State Law Texas Labor Code Chapter 21- Employment Discrimination

Municipal Codes and Ordinances

AMERICANS WITH DISABILITIES ACT

Title I: Prohibits discrimination against the disabled in employment. Covers Employers with 15 or more employees

Enforced by the Equal Employment Opportunity Commission

Title II: Prohibits state and local governments and agencies from discriminating against the disabled in public services. Covers all state and local governmental entities

Enforced by the Department of Justice

Title III: Prohibits any place of public accommodation from denying the disabled the full enjoyment of the goods, services, facilities, privileges, advantages and accommodations provided to others; establishes accessibility for facilities.

SECTION 504 OF THE REHABILITATION ACT OF 1973

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities receiving federal financial assistance. Students with disabilities must be given the same opportunities to participate in academic, nonacademic and extracurricular activities as their non-disabled peers.

Under Section 504, students with disabilities may receive accommodations and modifications as well as supplementary aids and services to ensure that their individual educational needs are met as adequately as those of non-disabled students.

WHAT IS A DISABILITY?

Disability: A disability is defined under the ADA (and adopted by Section 504) as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment.

EXAMPLES

DISABILITIES

AIDS and HIV Infection

Asthma

Back Problems

Cancer

Diabetes

Epilepsy

Hearing Problems

Heart Conditions

Hypertension

Speech Problems

Suicidal Tendencies

Vision Problems

Obesity (?)

NOT DISABILITIES

Age

Color of Hair or Eyes

Criminal Record

Exhibitionism

Gambling

Infected Finger

Kleptomania

“Minor Impairments”

Chronic Lateness

Left-handedness

Flu

WHAT IS A REASONABLE ACCOMMODATION?

To ensure that programs and activities are fully accessible to students with disabilities, universities are required to provide “reasonable accommodations.” Specifically, universities are required to make reasonable modifications in their practices, policies and procedures, and to provide auxiliary aids and services for persons with disabilities, unless to do so would fundamentally alter the nature of the goods, services, facilities, privileges, advantages and accommodations they offer or would result in an undue financial or administrative burden on the institution

An institution is required to consider alternative forms of accommodation Feasibility, Cost, Effect on Program

If what the student would need in order to be successful would result in a fundamental alteration of the program, the request is not reasonable.

Would the requested accommodation result in a lowering of academic standards?

Was the institutional decision “rationally justifiable”?

Case by Case Analysis

REQUESTING AN ACCOMMODATION

Policy of institution dictates procedure

What is UTPB policy/procedure?

Who is involved?

Where is it published?

UTPB POLICIES ON DISABILITIES AND ACCOMMODATIONS

Students Services for Students with Disabilities (SDS)

Contact the PASS Office directly at 432-552-2630 or to the Pass Office website: http://www.utpb.edu/academics/undergraduate-success/pass-office/ssd

Faculty/Employees UTPB HOP 12 – Accommodating Disabilities in the Workplace

Contact Human Resources

WHAT IS THE ROLE OF UTPB’S SERVICES FOR STUDENTS WITH

DISABILITIES ? Make a determination as to whether the person is legally disabled? SDS does not provide a diagnosis

Student must provide appropriate documentation of disability and limitations (i.e., documentation from health care provider)

Engage in an “interactive process” with the student and faculty to discuss whether a reasonable accommodation can be provided.

Work with faculty to provide a reasonable

accommodation, unless to do so creates an

“undue hardship.”

FACULTY: ROLES, RIGHTS & RESPONSIBILITIES

FACULTY ROLES

Make reasonable accommodations

Provide access to classroom & materials

Maintain Confidentiality

FACULTY RIGHTS

Maintain academic standards for courses

Determine course content and how it will be taught

Confirm a student’s request for accommodation and ask for clarification about a specific accommodation with SDS

Deny a request to accommodate – if student has not been approved for such accommodation

Award grades appropriate to the level of the student’s demonstration of mastery of material

Fail a student who does not perform to passing standards (without regard to disability)

FACULTY RESPONSIBILITIES

Understand the laws and UTPB’s guidelines regarding students with disabilities

Refer students to SDS when necessary

Provide requested accommodations and academic adjustments to students who have documented disabilities in a timely manner

Maintain appropriate confidentiality of records concerning students with disabilities except when disclosure is required by law or authorized by the student

Provide handouts, videos, and other course materials in accessible formats upon request

Evaluate students based on their abilities rather than their disabilities

FACULTY NO-NO’S

Refuse to provide an approved accommodation for a documented disability

Challenge the legitimacy of a student’s disability

Review a student’s documentation, including diagnostic data

STUDENTS:RIGHTS & RESPONSIBILITIES

STUDENT RIGHTS

The right to equal access to courses, programs, activities, services, and facilities

Reasonable accommodations

Confidentiality

STUDENT RESPONSIBILITIES

Register with Services for Students with Disabilities (SSD)

Provide required documentation to SSD of disability

Inform the instructor and provide accommodations letter from SSD

Participate in the discussion on how needs can be met (i.e., “interactive process”)

COMMON DISABILITIES IN HIGHER EDUCATION

Students with Learning Disabilities and Attention Deficit/Hyperactivity Disorder

Students with Visual Impairments

Students who are Deaf and Hard of Hearing

Students with Health Impairments cancer, chemical dependency, chronic fatigue syndrome, diabetes, epilepsy, etc.

Students with Mental Health Issues major depression, bipolar disorder, sleep disorders, eating disorders, severe anxiety disorders, etc.

Students with Physical Disabilities wheelchair users, amputees, speech impairments, muscular dystrophy, multiple sclerosis

STUDENTS WITH LEARNING DISABILITIES AND ATTENTION DEFICIT/HYPERACTIVITY

DISORDERPOSSIBLE LIMITATIONS

difficulty completing tests

problems with grammar

difficulty taking notes

slow reading rate

difficulty with reasoning

poor comprehension and retention of material read

difficulty following directions

COMMON ACCOMMODATIONS

extended time for testing

reduced distraction environment for testing

preferential seating near the front of the class

readers for exams or note taking assistance during class

use of a dictionary

copies of overheads, handouts, lecture notes

STUDENTS WITH VISUAL IMPAIRMENTS

POSSIBLE LIMITATIONS

ability to take notes in class

ability to see classroom visual aids, writing on chalkboard, etc.

reading

locating large-print materials

finding transportation

researching reports and short articles

mobility around campus and in the classroom

COMMON ACCOMMODATIONS

large print or Braille handouts

TV monitor connected to microscope to enlarge images

directions, notices, assignments in electronic form

computers with enlarged screen images

seating where the lighting is best

extended time for testing

use of a reader/scribe for exams

STUDENTS WHO ARE DEAF/HARD OF HEARING

POSSIBLE LIMITATIONS

listening to and understanding lecture information

taking notes in class

working effectively in group projects or class discussions

COMMON ACCOMMODATIONS

interpreters, real – time captions

note taking assistance

visual aids

electronic mail for communicating

captioned videos and transcripts of audio recordings

written directions, assignments, lab instructions

STUDENTS WITH HEALTH IMPAIRMENTS

POSSIBLE LIMITATIONS

mobility around campus and in the classroom

taking notes in class

concentration/attention

time management

anxiety

COMMON ACCOMMODATIONS

note taking assistance

audio – taped class sessions

flexible attendance requirements

extra exam time

alternate testing arrangements

assignments in electronic form

communicating through electronic form

STUDENTS WITH MENTAL HEALTH ISSUES

POSSIBLE LIMITATIONS

concentration

short term memory difficulties

distractibility

time management

fluctuating stamina causing class absences

irritability

feelings of fear and anxiety about exams

COMMON ACCOMMODATIONS

preferential seating

prearranged or frequent breaks

audio recorder, note taking assistance

extended test taking time

separate, quiet room for testing

early availability of syllabus, text

STUDENTS WITH PHYSICAL DISABILITIES

POSSIBLE LIMITATIONS

difficulty writing, such as class notes and on exams

sitting in a standard desk

participating in labs where lab tablets and equipment are hard to reach

transportation

classrooms or buildings that are not wheelchair accessible

COMMON ACCOMMODATIONS

relocating a class or lab to an accessible building

audio recorder or notetaking assistance

accessible seating or table in the classroom

scribe for scantrons and/or essay exams

additional time for completing exams

SERVICE ANIMALS Covered by the ADA & Section 504

“Service Animal” - Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

Limited questions permitted

1. is the service animal required because of a disability, and

2. what work or task has the animal been trained to perform?

Not required to register with SDS

Cannot require documentation

Full access to all areas of campus where public would be able to go

What not to do Don’t ask about the person’s disability

Don’t require medical documentation of need for animal

Don’t require documentation that the animal has been certified, trained, or licensed

Don’t ask that the animal demonstrate its ability to perform the work or task

EMOTIONAL SUPPORT ANIMALS Not covered under the ADA or Section 504

Ask for documentation of disability; Ask for medical documentation of need for animal

Under the FHA, a person may keep an assistance animal in his or her dwelling unit as a reasonable accommodation if:

1) the person has a disability;

2) the animal is necessary to afford the person with a disability an equal opportunity to use and enjoy a dwelling; and

3) there is an identifiable relationship or nexus between the disability and the assistance the animal provides.

ADA/SECTION 504 DECISIONS AS APPLIED TO

INSTITUTIONS OF HIGHER EDUCATION

QUESTIONS???