Accommodating Students with Disabilities and Ensuring Compliance

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<ul><li><p>Accommodating Students with Disabilities &amp; Ensuring ADA Compliance</p></li><li><p>What is Covered?The following topics will be covered in this module:</p><p>Laws that Protect Students with DisabilitiesADA Definition of an Individual with a DisabilityReasonable AccommodationsResponsibilities and Rights of StudentsResponsibilities and Rights of FacultyService Animals, Emotional Support Animals, and Personal Mobility Devices</p></li><li><p>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.</p><p>Americans with Disabilities Act (ADA), 1990The ADA expanded opportunities for people with disabilities. It also placed disability under Civil Rights protections.</p><p>Americans with Disabilities Amendments Act (ADAA), 2008The ADAA covers rights associated with ticket purchases, service animals, personal mobility devices, among other disability-related regulations. </p></li><li><p>Who is an Individual With a Disability?An individual who:</p><p>Has a physical or mental impairment which substantially limits a major life activity;Has a record or history of such impairment orIs regarded as having such impairment</p><p>Source: Americans with Disabilities Act of 1990 (ADA)</p><p>Note: Disclosure of a disability is voluntary under federal law. This includes a students decision to register with DACCs Student Accessibility &amp; Resource Center (SARC Office).</p></li><li><p>Categories of Student DisabilitiesCognitive Disorders</p><p>Dexterity Limitations</p><p>Hearing Impairments</p><p>Learning Disabilities</p><p>Mobility ImpairmentsPhysical Disabilities</p><p>Psychological Disorders</p><p>Speech Impairments</p><p>Temporary Disabilities</p><p>Visual Impairments</p></li><li><p>Barriers Faced by Students with DisabilitiesDifficulty reading textbooks or handouts.</p><p>Keeping up with reading assignments.</p><p>Problems with writing lecture notes or homework.</p><p>Difficulty hearing videos, lectures, and discussions.</p><p>Problems seeing notes on the board or PowerPoint slides.</p><p>Difficulty entering buildings or classrooms.</p><p>Overcoming obstacles in their path such as hills, stairs or long distances between classrooms.</p></li><li><p>Definition of AccessibilityAccessibility 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. </p></li><li><p>Classroom and Campus AccessibilityIf a student is unable to physically access a classroom, they should contact the SARC Office to remedy the situation. On rare occasions, an accommodation such as re-locating the classroom or switching course sections may be necessary. </p><p>Students that are registered with the SARC office, and/or require some form of accommodation, are entitled to priority course registration. </p></li><li><p>Temporary DisabilityTemporary disabilities can result from any cause, including injury, traumatic experiences, and surgeries. Students with such disabilities are eligible for classroom accommodations and should be encouraged to register with the SARC Office.Depending on the students class schedule, the severity of the disability, and the accessibility of their classrooms, adjustments to the class or to the students schedule might be needed. In all cases of temporary disability, the student should communicate with the professor. </p></li><li><p>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.</p></li><li><p>Classroom AccommodationsAccommodations are provided only to students with documented disabilities that are registered with the Student Accessibility &amp; Resource Center (SARC).Accommodations are provided to allow equal access and opportunities for students with disabilities.Each students 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.</p></li><li><p>Accommodation LetterAn 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 SARC Director.</p></li><li><p>Common Classroom AccommodationsNote taking servicesSign language interpreting servicesAlternative format of reading materialsTesting accommodations Absence considerationExtended time on courseworkUse of adaptive furniture and technologyService animals</p></li><li><p>Requesting Note Takers for a StudentWhen a note taker is needed for a student, faculty are asked to:</p><p>Request a volunteer from other students in the classroom, without identifying the student with a disability.</p><p>Refer the student volunteer to the SARC Office.</p></li><li><p>Student Access to Lectures and Classroom DiscussionsEvery 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:</p><p>Sit closer to the speaker, such as in the front row.Use a sign language interpreter, orUse 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.</p></li><li><p>Testing Accommodation OptionsFaculty have two options when administering an exam to a student with testing accommodations. They can:</p><p>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.</p><p>Use the proctoring services available in the Academic Support Testing Center or at the SARC Office. This is often done when a quiet environment, extended time, available space, or when adaptive technology is needed for the students authorized accommodations.</p></li><li><p>Testing and Proctoring ServicesTo use the proctoring services, the professor is responsible for contacting the Testing Center at least 48 working hours in advance to schedule an exam.</p><p>Faculty will need to forward the exam and the completed Test Administration Form to the SARC Office or Testing Center 24 hours in advance. </p><p>Faculty can send the exam via email or request the exam be hand carried, by contacting the SARC or Testing Center Office at least 24 hours before the test is to be administered.</p></li><li><p>Campus and Community Referral ResourcesTo 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 SARC Office may include:</p><p>Mental health counselingDisability-related diagnostic testingProvision of personal attendants</p></li><li><p>Student ResponsibilitiesThe student must:</p><p>Self-disclose a disability by registering with the SARC Office. If the student decides not to disclose, then services can not be provided by the SARC Office. 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 DACC student code of conduct.</p></li><li><p>Rights of Students with DisabilitiesExpect all disability-related information to be treated as confidential under FERPA and HIPAA guidelines.</p><p>Receive appropriate accommodations in the classroom, during exams, and in other areas of campus as needed.</p><p>Have the right to appeal decisions regarding ADA accommodations, and the use of auxiliary aids and assistive technology.</p></li><li><p>Responsibilities of FacultyProvide accommodations authorized by the SARC Office to the student in the classroom and during exams and quizzes.</p><p>Follow FERPA guidelines for treating information regarding a students accommodations and disability as confidential. </p><p>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.</p><p>Include a statement in the syllabus that encourages students with disabilities to request accommodations from the SARC Office.</p><p>Discuss with the SARC Director concerns regarding accommodations related to the curriculum and/or course, program or activity.</p></li><li><p>Rights of FacultyExpect the student to initiate a request for accommodations in the classroom.</p><p>Recognize that a student with a letter of accommodation is registered with the SARC Office, and is eligible for accommodations. </p><p>Establish and identify essential course functions, abilities, skills and knowledge required of all students.</p><p>Discuss with the SARC Director concerns about the classroom accommodations requested by the student.</p></li><li><p>Basics about Service Animals (1 of 2)Service animals are allowed to go almost everywhere with their handler, a person with a disability. The service animal is trained to perform tasks which assist the person in a manner related to the symptoms or effects of the disability. Recent changes in state and federal law now recognize that primarily dogs, and sometimes miniature horses are the only types of service animals. By law, persons with disabilities who use a service animal do not need to register with SARC, nor produce proof the animal is trained, nor have their animal wear a vest, although a vest or other ID for the public is encouraged, in order to reduce undue attention on the animal.In the event it is not evident that an animal is a service animal, the law permits only two questions to be asked: 1. Is this a service animal required for a disability?; and 2. What tasks is the animal trained to perform?</p><p>EXCEPTION FOR MINIATURE HORSES technically not a service animal; its considered a reasonable accommodation as a substitute for a service animalMust be trained to do that behavior not just done by the nature of the dogTraining can be done by anyone; theres no certification of services animals behaves and performs as it was trained</p><p>Modifications to Policies and ProceduresApril 2010Irene Bowen, ADA One, LLC NAADAC *</p></li><li><p> Basics about Service Animals (2 of 2)Service animals must behave professionally; they may be asked to leave for misbehavior or accommodations may need to be made if a particular course (e.g. a lab) will present safety issues for either person or the animal. Service animals in the process of being trained are entitle to equal public access as a trained service animal. It violates state law, and constitutes a crime to misrepresent an animal as a service animal, when it is not.It violates state law, and constitutes a crime to interfere with either a service animal or its handler.The current NMSU Policy can be found at</p><p>Policy 3.06 Assistive, Service and Companion Animals on CampusPolicy Overview 3.06.</p><p>If you get congruent answers, then you are done asking questions. In a Residence Hall, if the answers are reasonable, then the dog is allowed.</p><p>DOJ is reviewing the reality of this rule</p><p>*Irene Bowen, ADA One, LLC NAADAC Modifications to Policies and ProceduresApril 2010</p></li><li><p>Emotional Support Animals </p><p>Federal law recognizes that an emotional support animal (ESA) may be a reasonable accommodation for a person with a disability. Specifically, the Fair Housing Act requires University Housing to consider accommodation requests for ESAs. This does not mean that it would be reasonable for an ESA to accompany its owner to class. Whether an ESA will be allowed at other locations on campus is an issue to be determined by the SARC Office, coordinating with NMSU SAS and OIE. Unlike service animals, ESAs need not be a dog; ESAs are not required to be specially trained; and ESAs are not entitled to public access as are service animals, absent explicit authorization by SARC. You may ask if the animal is needed for a disability, and what tasks the animals performs. If the answer is that it is not a service animal, but is an ESA, then you may ask to see a copy of the Accommodation Agreement that addresses this. The current NMSU Policy can be found at Policy 3.06 Assistive, Service and Companion Animals on Campus</p><p>If HUD says okay, then it can stay in the hall; not go to class or go to the dining halls necessary.</p><p>*April 2010Irene Bowen, ADA One, LLC NAADAC Modifications to Policies and Procedures</p></li><li><p>Campus TransitPersonal Mobility DevicesPersonal mobility devices used by people with disabilities can include any of the following vehicles: Manual and power-driven wheelchairs, mopeds, golf carts, and Segway's.</p><p>Note: Owner/operators of such devices cannot be asked about the nature and extent of their disability.</p></li><li><p>Common CourtesyWhen in a classroom or group setting, please:</p><p>Do not single out or bring attention to a person with a disability.</p><p>Speak directly to the individual and not to their aide if they are using an ASL Interpreter or personal attendant. </p><p>Place yourself at eye level with a person using a wheelchair.</p><p>Do not lean on a persons wheelchair. </p><p>Do not distract a service animal from doing its job. Do not feed, pet, or play with a service animal.</p></li><li><p>Interacting with People with DisabilitiesPeople First LanguagePeople First Language recognizes that individuals with disabilities are first and foremost, people. It emphasizes each persons 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 FirstLabels 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.</p></li><li><p>Additional PointsAll students receiving disability-related accommodations must be registered with the DACC SARC Office.</p><p>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.</p><p>All classroom and online video content must be captioned. S...</p></li></ul>

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