Accommodating Students with Disabilities and Ensuring ADA Compliance

NMSU Alamogordo2400 N. Scenic Drive

Alamogordo, NM 88310

Accommodating Students with Disabilities and Ensuring

ADA Compliance

NMSU - Alamagordo2400 N. Scenic DriveAlamogordo, NM 88310

What is Covered?

The following topics will be covered in this module:

• Laws that Protect Students with Disabilities• ADA Definition of an Individual with a Disability

• Reasonable Accommodations

• Rights/Responsibilities of Students

• Rights/Responsibilities of Faculty.

• Service animals and Personal Mobility Devices

Higher Education Legislation Regarding Students with Disabilities

Section 504 of the Rehabilitation Act, 1973The federal Rehabilitation Act is a Civil Rights statute designed to prevent discrimination against individuals with disabilities.

Americans with Disabilities Act (ADA), 1990The ADA expanded opportunities for people with disabilities. It also placed disability under Civil Rights protections.

Americans with Disabilities Amendments Act (ADAA), 2008 The ADAA covers rights associated with ticket purchases, service animals, personal mobility devices, among other disability-related regulations.

Who is an “Individual With a Disability?”

An individual who:

• Has a physical or mental impairment which substantially limits a major life activity;

• Has a record or history of such impairment, or

• Is regarded as having such impairmentSource: Americans with Disabilities Act of 1990 (ADA)

Note: Disclosure of a disability is voluntary under federal law. This includes a student’s decision to register with the Accessibility Services Coordinator in Counseling Services.

Categories of Student Disabilities

Cognitive Disorders

Dexterity Limitations Hearing Impairments

Learning Disabilities

Mobility Impairments

Physical Disabilities

Psychological Disorders

Speech Impairments

Temporary Disabilities

Visual Impairments

Barriers Faced by Students with Disabilities

Difficulty reading textbooks or handouts.

Keeping up with reading assignments.

Problems with writing lecture notes or homework.

Difficulty hearing videos, lectures, and discussions.

Problems seeing notes on the board or PowerPoint slides.

Difficulty entering buildings or classrooms.

Overcoming obstacles in their path such as hills, stairs or long distances between classrooms.

Definition of Accessibility

Accessibility is used to describe the degree to which a product, service, or environment is available to everyone, irrespective of limitations, as a guiding principal of Universal Design. It is often used in reference to people with disabilities and their rights to unobstructed parking, and easy access to pathways, buildings, classrooms, restrooms and internet-based content.

Sources: Uniform Federal Accessibility Standards (UFAS) 1968; and the U.S. Instructional Materials Accessibility Act of 2002.

Classroom and Campus Accessibility

• If a student is unable to attend a class due to their inability to

physically access a classroom they should contact the Accessibility Services Coordinator for alternatives. This may include, but is not limited to enrolling in another section of the course, or moving the class to an accessible location.

• Students that require an accessible classroom should seek priority registration if it is available as soon as the registration process begins for the following semester.

Temporary Disability

Temporary disabilities can result from any cause, including injury, traumatic experiences, and pregnancy. Students with such disabilities are eligible for classroom accommodations and should be encouraged to register with the Accessibility Services Coordinator.

Depending on the student’s class schedule, the severity of the disability, and the accessibility of their classrooms, adjustments to the class or to the student’s schedule might be needed.

In all cases of temporary disability, the student should remain in close contact with their professors.

What are Reasonable Accommodations?

Reasonable accommodations are defined as physical or assistive modifications to a course, program, service, activity or facility that enables a student with a disability to have the same academic opportunities as all other students.

The ADA indicates the student must request their classroom accommodations. This action cannot be required by others.

Students that receive accommodations are still expected to complete all academic requirements of the course.

Classroom Accommodations

Accommodations are provided only to students with documented disabilities that are registered with the Accessibility Services Coordinator.

Accommodations are provided to allow equal access and opportunities for students with disabilities.

Each student’s personal circumstances are unique, which means each student will have a different set of accommodations.

If accommodations are provided students must still complete all course requirements.

Accommodation Letter

An accommodation letter is prepared every semester for each course for which the student has requested an accommodation.

The student is required to supply the letter to his/her professor, before accommodations can be provided.

Letters of Accommodation are covered by FERPA and are only shared on a need to know basis.

The student and faculty member should discuss how the accommodations are to be implemented.

Faculty are encouraged to discuss questions or concerns with the Accessibility Services Coordinator.

Common Classroom Accommodations

• Note taking services• Sign language interpreting services• Alternative format of reading materials• Testing accommodations • Absence consideration• Extended time on coursework• Use of adaptive furniture and technology• Service animals

Requesting Note Takers for a Student

When a note taker is needed for a student, faculty are asked to:

• Request a volunteer from other students in the classroom, without identifying the student with a disability.

• Refer the student volunteer to the Accessibility Services Coordinator in Counseling Services.

Student Access to Lectures and Classroom Discussions

Every student is entitled to have access to all spoken information in the classroom, in small group discussions, and in auditorium settings.

In some situations, a student may need to:• Sit closer to the speaker, such as in the front row.• Use a sign language interpreter, or• Use an assistive listening device that consists of a transmitter

with microphone, worn by a speaker. A receiver with an ear piece is then used by the student to amplify the speakers’ voices.

• Faculty are asked to ensure such requests are supported.

Testing Accommodation Options

Faculty have two options when administering an exam to a student with testing accommodations. They can:

• Provide the physical accommodations for the student onsite. Therefore, the professor is responsible for providing all accommodations needed, as well as making arrangements with the student.

• Use the proctoring services available in the Academic Support Center (ASC) Testing Center. This is often done when a quiet environment, extended time, available space, or when adaptive technology is needed for the student’s authorized accommodations.

Testing and Proctoring Services

To use the proctoring services, the professor is responsible for contacting the Testing Center at least 24 working hours in advance to schedule an exam.

Faculty will need to forward the exam and the completed Test Administration Form to the Testing Center 24 hours in advance.

Faculty can send the exam via email to testingnmsua@nmsu.edu or request the exam be hand carried, by contacting the Testing Center at least 24 hours before the test is to be administered.

Campus and Community Referral Resources

To prevent duplication of services, and in support of their individual needs, students will be referred to other disability-related services on and off campus, when appropriate.Referrals to such ancillary services that are not provided by the Accessibility Services Coordinator include:

• Mental health counseling• Disability-related diagnostic testing• Provision of personal attendants

Student Responsibilities

The student must:Self-disclose a disability by registering with the Accessibility Services Coordinator.Provide disability documentation from an appropriate licensed professional, which includes the diagnosis and prognosis.Follow proper procedures for requesting accommodations.Ensure that faculty receive the letters of accommodation.Meet all requirements and essential elements of the course.Adhere to the NMSU-A student code of conduct.

Rights of Students with Disabilities

Expect all disability-related information to be treated as confidential under FERPA and HIPAA guidelines.

Receive appropriate accommodations in the classroom, during exams, and in other areas of campus as needed.

Have the right to appeal decisions regarding ADA accommodations, and the use of auxiliary aids and assistive technology.

Responsibilities of Faculty

Provide accommodations authorized by the Accessibility Services Coordinator (ASC) to the student in the classroom and during exams and quizzes.

Follow FERPA guidelines for treating information regarding a student’s accommodations and disability as confidential.

If using proctoring services in the Testing Center, provide a copy of the exam/quiz with completed proctoring sheet. Support the use of auxiliary aides and adaptive technology when

needed by the student. Include a statement in the syllabus that encourages students with

disabilities to request accommodations from the ASC. Discuss with the ASC concerns regarding accommodations

related to the curriculum and/or course, program or activity.

Rights of Faculty

Expect the student to initiate a request for accommodations in the classroom.

Recognize that a student with a letter of accommodation is registered with the ASC, and is eligible for accommodations.

Establish and identify essential course functions, abilities, skills and knowledge required of all students.

Discuss with the ASC concerns about the classroom accommodations requested by the student.

23Revised Regulations on

Service Animals Service or assistance animals, are any dog that is

individually trained to perform tasks for the benefit of an individual with a disability, including those that are physical, sensory, psychiatric, or intellectually-related.

Applies to students, faculty, staff, and the general public. For a dog to be considered a service animal they must

receive extensive training. Plus, There are no size or weight restrictions. There are no restrictions based on breed.Sources: ADA, Americans with Disabilities Amendment Act of 2008 (ADAA)

Service Animal Verification

Based on federal regulations, only two questions can be asked to determine if a dog is a service animal. They are:

Is this a service animal required for a disability?What tasks is the animal trained to perform?

In addition:The owner cannot be asked about their disability.Evidence of a vest or disability documentation is not required.Service animals are granted access to all areas of campus.

24

Emotional Support, Comfort, and Therapy Animals

25

I

If an animal’s only function is to provide emotional support then:They have not received specialized training.They are not defined by federal law.They are not recognized by New Mexico law. There is no requirement to accommodate them in campus housing, or elsewhere on campus.

A dog whose sole function is to provide comfort or emotional support does not qualify as a service animal under the ADA.

Campus TransitPersonal Mobility Devices

Personal mobility devices used by people with disabilities can include any of the following vehicles: Manual and power-driven wheelchairs, mopeds, golf carts, and Segways.Use of such devices on campus can require verification of a state-issued disability parking placard. Golf cart, moped, and Segway owner/operators will also need to have a state-issued driver’s license to drive on campus. A course on defensive driving is also recommended. This guideline applies to students, faculty, staff, and the general public.Note: Owner/operators of such devices cannot be asked about the nature and extent of their disability.

Common Courtesy

When in a classroom or group setting, please:• Don’t single out or bring attention to a person with a

disability.• Speak directly to the individual and not to their aide if they

are using an ASL Interpreter or personal attendant. • Place yourself at eye level with a person using a

wheelchair.• Don’t lean on a person’s wheelchair. It is not furniture.• Don’t distract a service animal from doing their job.

Requests to feed, pet, or play with the animal must be directed to the owner.

Interacting with People with Disabilities

People First LanguagePeople First Language recognizes that individuals with disabilities are first and foremost, people. It emphasizes each person’s value, individuality, dignity and capabilities. The following examples provide guidance on what terms to use and which ones are inappropriate when talking or writing about people with disabilities.People First Labels that StereotypePeople with disabilities. *The handicapped/disabledA person who is deaf. *The deaf.A person who uses a wheelchair. *A person who is wheelchair

bound.

Additional Points

All students receiving disability-related accommodations must be registered with the Accessibility Services Coordinator.

Assistive furniture – Such as adjustable tables used by students in power wheelchairs – are provided for student use only. Such furniture is placed in specific classrooms and should not be removed.

All classroom and online video content must be captioned. Sources: ADA of 1990; and the Federal Telecommunications Act of 1996.

Presenter

Presented by:Bill Dethlefs, Ph.D., DirectorThe Center for Accommodations and Support Services The University of Texas at El Paso (UTEP)106 UTEP Union EastEl Paso, TX 79968-0609(915)747-6197 or bdethlefs@utep.edu

Summary and Closure

Questions?