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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???