College Students and Employees With Disabilities:

Private Pain & Real Issues

A Professional Development SessionNovember 23, 2008

10:30 – 11:30

Health Science BuildingPresenter: Mrs. Dawn M. Hale

Laws Created for Protection

Title VI of the Civil Rights Act of 1964 Title IX of the Educational Amendments Act

of 1972 Section 504 of the Rehabilitation Act of

1973, as amended in 1974 The Americans with Disabilities Act of 1990 The Americans with Disabilities Act

Amendments Act of 2008

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Section 504 of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990

Were created to protect those with disabilities in gaining equal access to the

areas of education, employment, and public access with the use of the accommodation

process.

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Alabama State Department of Education Policy

“It is the official policy of the ASDE, including Postsecondary institutions under the control of the State Board of Education, that no person in Alabama shall, on the grounds of race, color, disability, sex, religion, creed, national origin, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, activity, or employment.”

Calhoun Community College 2008-2009 Catalog, p. 16

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The ADA Amendments Act of 2008

Has revised the definition of a disability to one that substantially limits major life activities.

Major life activities now include, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working, as well as major bodily functions including cell growth, immune system, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. 5

The amendments take effect January 1, 2009

It also clarifies coverage of impairments that are episodic or in remission that substantially limit a major life activity when active, such as epilepsy or post traumatic stress disorder.

Senator Tom Harkin was the leading sponsor of the Act. He stated, “This bill fulfills the promise of the ADA and greatly increases the number of people eligible for its protections.”

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Review the Law

The law can be reviewed by using any search engine: Yahoo, Google, MSN, etc. or search in Wikipedia simply by typing ADA of 1990

For employment searches, review the U.S. Equal Employment Opportunity Commission (EEOC) on their website:

www.eeoc.gov/ada/amendments_notice.html

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Visible Disabilities

Some physical impairments are those that are seen which may require the use of some type of equipment or hardware . . .

1. Wheelchairs

2. Guide-dogs or canes

3. Crutches, canes, or braces

4. Personal FM Systems or hearing aids

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Hidden Disabilities

Physical or psychological impairments that are not visible, such as . . .

Muscular Dystrophy Autism-Asberger’s

Cystic Fibrosis Sickle Cell Anemia

Traumatic Brain Injury Crohn’s Disease

Schizophrenia Depression or Anxiety

Degenerating Bones Arthritis or Bursitis

Seizure Disorder Learning Deficits

Post Traumatic Stress ADD/ADHD

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The Students’ Accommodation Process

Each syllabi states if a student needs assistance for a disability he/she is to contact the Office of Disability Services

In order for a student to receive accommodations, he/she is required to provide documentation verifying the disability from a qualified professional.

Policy states the student must request services in order to be accommodated

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Employment Accommodation Process

Employees inform his or her immediate supervisor and the Human Resources Office of their needs

Human Resources staff make the necessary arrangements for the employee

If unsure how to accommodate, HR may contact the Disability Services staff for assistance and guidance

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How do we accommodate?

Use of the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revised (DSM-IV-TR), published by the American Psychiatric Association. It is the standard classification of mental disorders used by mental health professionals in the U.S.

A Multi-Axial System is used that breaks down the disorders in to five different levels (or axes)

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DSM-IV-TRMulti-Axial System

Axis I: Clinical disorders, including major mental disorders, as well as developmental and learning disorders

Axis II: Underlying pervasive or personality conditions, as well as mental retardation

Axis III: Acute medical conditions and physical disorders

Axis IV: Psychosocial and environmental factors contributing to the disorder (mild to severe)

Axis V: Global Assessment of Functioning listed on a scale from 100 to 1

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The Creation of the Accommodations

The Disability Services Office uses the Multi-Axial listings to verify the diagnosis and establish the accommodations.

We look at all axes to determine in what manner the student is affected by the disorder, medically and socially . . . how “substantially limited to major life activities.”

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Requesting Services

Steps required include . . .

1. To request services, completes Special Needs Identification and Request Form

2. Also completes an Information Release Consent Form and delivers it to individual or agency that can supply the necessary materials we need as outlined on the Criteria for Disability Documentation Form

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Requesting ServicesContinued . . .

Once material is received and reviewed, the student is contacted for consult and the accommodations are established.

Accommodations are sent to the instructors notifying of the disability and specific needs

Students can choose to disclose or not disclose the nature of the disability (diagnosis).

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The Diagnosis Trick

If the disability is not listed, our office cannot disclose the diagnosis; however, look at the third paragraph . . .

If it begins with “Jane will need assistance with,” this means there is a learning disability, ADD/ADHD, or traumatic brain injury.

If it begins with “Listed below are strategies,” this means it is an impairment that does not affect the learning processes.

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Accommodations are not retroactive!

When you receive an accommodation for a student, it is not retroactive to the beginning of the term. Accommodations begin from the day you receive the memo from our office through the end of the term.

The receipt attached must be returned to our office as soon as you receive it – this verifies we have done what we have been asked to do.

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Confidentiality

All College staff are bound to the rules of maintaining confidentiality of persons with disabilities.

If there are questions or problems with a student or staff member, do not discuss the case with other staff members. Speak to your immediate supervisor or the Disability Services Office Staff only.

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Confidentiality Continued

If the student or staff member feels his or her disability has been unjustly disclosed, he or she can seek litigation actions against you as an individual and the College.

Be careful what you say and how you say it. Some comments made can be interpreted as being unjust, unreasonable, or biased, and can be used against you.

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Consent to Release Information

Helicopter Parents - those that are very involved with their “children’s” education and may call you wanting to know how they are doing or some other information about the students’ class or assignments.

We are required by FERPA not to disclose. However, there are some instances that

parents are allowed to be somewhat involved; therefore, refer them to our office.

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Parental or Spousal Involvement

If the student has been hospitalized due to his/her disability, our office will work as liaison between the student and instructor for missed assignments or tests. The law says we must accommodate these type of absences that are health related – physical or psychological.

We use the “within reason” philosophy

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Service Animals

Guide dogs are used by those with visual impairments (legally blind)

Service dogs are used by those with physical impairments – open doors, pick up objects, fetch items, etc.

Service dogs are used by those with some health impairment – diabetes, epilepsy, self-destructive disorders, panic attacks

Therapy dogs . . . not allowed on campus23

Service Animals Continued . . .

Staff and faculty need to be aware that service animals are working animals – they are not pets.

The animals are not to be interacted with while on-duty.

If you see students or staff members petting the animals, remind them they are not to do that. This interaction takes their attention from their master – who may need them.

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Students & Staff in Wheelchairs

Did you know that the wheelchair is considered a part of the user’s body?

Do not lean on the chair Do not move the chair without asking the

user if you may do so If the wheelchair user wishes to transfer

from his/her chair to a class chair, ask if they need assistance holding his/her chair while transferring

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Wheelchairs continued . . .

In an emergency, please remember those in wheelchairs.

They will need assistance getting out of the building

Do not allow him/her to use the elevators if there is a fire in the building

Find the closest stairwell and call security to assist in moving this person to the lowest level of the building (and someone to move the chair)

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Guidebooks Available

Faculty and staff have a guidebook available on the Personnel Webpage for review

Students can be referred to a student guidebook on the Calhoun webpage under the link for Student Services – Services for Student with Disabilities

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