What Faculty and Staff Need to Know About Students with Disabilities

Adapted from Presentation by Nancy Belowich-NegronDirector of DRC UAlbany

Presentation by Sue Sprague Disability Services Counselor SUNYIT

Session Overview

• Governing Statutes• The Reasonable Accommodation Process• Practical Observations & Pointers• The Grievance and Compliance Process• Questions

Governing Statutes

• Americans with Disabilities Act (ADA)• 1. Title II applies to public colleges and

universities• 2. Title III applies to public accommodations• Rehabilitation Act of 1973• 1. Applies to programs and activities that receive

federal funding• New York Human Rights Laws• HUD/Fair Housing Amendment Act of 1988

The ADA (1990)

• Who is covered under the ADA?• 1. Qualified individuals with disabilities• 2. Disability is defined as a physical or mental

impairment that “substantially limits” one or more major life activities

• 3. Individuals with a record of such impairment• 4. Individuals regarded as having said

impairment

The Rehabilitation Act

• Defines disability as a physical, mental, or medical impairment resulting from anatomical, physiological, genetic, or neurological conditions which prevent the exercise of normal bodily function or is demonstrated by medically accepted clinical or laboratory diagnostic techniques

• A record of such an impairment• A condition regarded by others as such an

impairment

The Accommodation Process• College and universities need to have written, widely distributed

policy on Reasonable Accommodation Process available in hard copy, in alternative format and on the college’s website

• Step #1 Notice of disability/or need for accommodation to institution either written or verbal

• Step #2 “registration process” Acquires documentation from a licensed professional familiar with case and registers w/institution

• Step #3 Accommodation assessment by the DSC. Can be done in collaboration with student, faculty, parents, or health care providers.

• Step #4 Letter from DSC to faculty given to student to share with faculty/ or sent to faculty

Notice of Disability

• Voluntary on the part of the student• Onus is on the student to self-identify to start

accommodation process• Faculty and Staff should refer students seeking

accommodation to Disability Services Office Kunsela Hall Suite B101 Office B105

• Obligation of institution begins at time of notification. *It is not retroactive*

Documentation of Disability

• Reasonable requirements may be set by the institution

• May require documentation by a licensed professional

• Should include: 1) Current diagnosis(es) 2) Date of diagnosis 3) How the diagnosis was reached (tests, lab work etc.) 4) How disability affects a major life activity 5) How disability effects academic performance

• Expense must be borne by the student

Determining Accommodations

• It is an interactive process• Takes into consideration the student’s preference,

the opinion of the healthcare provider, the effectiveness of the accommodation, options at particular institutions for providing a particular accommodation

• There is no requirement to waive the essential program requirements

• Ultimately the DSC determines the final manner in which an accommodation is provided

**Reasonable Accommodations**

• Academic Standards that are essential to completion of certain programs are not subject to modification. Generally, institutions are not required to give students multiple tries on a test or exam “as long as reasonable accommodations were provided the first time”

• Off-campus programs, services and facilities are subject to Section 504 and the ADA.

Accommodations

• Meant to ensure access to all educational opportunities even extracurricular, sports, housing, libraries, theater, clubs & organizations, etc.

• Reasonable accommodations must be considered on a case-by-case basis. Rarely if ever does any one category of disabilities require the same exact accommodations for everyone with that diagnosis

Reasonable Accommodations

• Auxiliary Aids include but are not limited to: taped or electronic texts, sign language interpreters, readers, note takers, assistive listening devices, closed captioned decoders, large print or braille materials, copies of Power Points or visual overheads, etc.

• Not required by law: Tutors, personal care attendants, individually prescribed devices like wheelchairs or hearing aids, readers for personal mail, etc.

(Un) Reasonable Accommodations

• I want to take the 2 tests I failed before I got registered with the Disabilities Office

• Please waive the ???___Program requirement from my program because I’m terrible at___??

• I need the professors notes b/c….• I missed 15 classes due to my health and the

professor has an attendance policy• I need someone to empty my catheter at 12:00

every day

Pointers and Observations

• Reasonable is measured by what is reasonable to all of us• You can never fail by going the extra mile. We do want students to succeed even

if that means giving them the benefit of the doubt• It is not reasonable to assume that because an accommodation costs a lot of $$$

that it can be automatically ruled out• Sometimes lo-tech, sometimes high tech• Never say “Never”• Keep a paper trail • Do not hold students with psychiatric disabilities to a higher standard for

withdrawal and reentry• It is up to the student if he/she wants to disclose the nature of the disability.

Some types of disabilities may be more apparent that others. It is important to invite students with accommodation plans to talk with you about how he/she learns best. Any concerns you have about academic accommodations should be discussed with me not the student.

The Grievance & Compliance Process

• All complaints should initially be handled at the local level with due process See- grievance policy www.sunyit.edu/disability_services

• Parties involved in resolution can be Professor to Department Chair to Vice President

• Perhaps Conflict Resolution, Affirmative Action or an ADA Compliance Committee

• 1. Once complaint leaves college/university it can go to the NYS Human Rights Commission or the Office of Civil Rights (OCR)

OCR Process

• Step 1- Complaint or random audit begins• Step 2- Information request• Step 3- Telephone Investigation• Step 4- Witness interviews/Campus Visit• Step 5- Determination Letter

Questions