|
What is my responsibility in accommodating the needs of
students with disabilities?
Academic
departments (and the individual faculty members who make
up those departments) are responsible for ensuring that
their programs are accessible to students with a
disability. This responsibility covers physical access
to the location where the activity will occur and
modifications necessary in the format or delivery of
information which would make it accessible to an
individual with a specific disability. Each academic
department should have in place a written (according to
the Americans with Disabilities Act [ 1990] guidelines)
procedural policy plan which faculty members can follow
when individuals with a disability request
accommodation. A faculty liaison should be designated to
address certification or accreditation issues as they
pertain to disability-related degree plan modifications.
Help is available both in understanding what is required
by law and in devising ways to make the necessary
accommodations through the Equal Opportunity Office and
the Office of Special Services.
How will
I know if there are persons with a disability needing
accommodation in my class?
Request
that individuals requiring special accommodation contact
you after class or during office hours. Print this
information in your syllabus. In this way you give
students "permission"" to approach you with their needs.
How do I
know that the accommodation the student has requested is
appropriate and legitimate?
If the
student presents to you a Academic Accommodations
Letter, prepared by the Office of Special Services, you
can be assured that student has provided the College
with proof of a disability under the legal definition of
the word. The type of special accommodation requested on
the form will be one which has legitimacy in relation to
the disability listed. A student not presenting such a
form or any other type of proof of disability and whose
outward appearance does not make existence of a
disability apparent can be referred to the Office of
Special Services to complete a request for service.
How can
I be sure I am doing what is necessary to provide
academic access?
The
most successful way to ensure academic access is to
discuss with the student what his/her needs are. No two
students with disabilities are alike. Only a personal
conference with the student in which you discuss both
the course demands and the student's accommodation needs
is likely to provide both parties with a satisfactory
outcome. It is a good idea to put into writing what you
and the student agree will be done so that there can be
no confusion. If you have questions as to why the
student needs a particular accommodation, feel free to
call the Office of Special Services for more
information. (ext. 2270)
Suppose
I don't agree to provide accommodation in the exact way
the student is requesting it?
There
are usually several ways that a student's special needs
are met. All federal law requires is "reasonable"
accommodation. If your way meets that criterion in light
of the student's disabling condition, you have complied
with the law. However, if the objection stems from the
student's use of an assertive device necessary to
compensate for his/her disability (tape recorder, etc.),
federal law may require that it be allowed. You may,
however, require the student to complete an agreement
which covers problems you envision with the device (such
as not releasing the tape recording or transcription,
allowing you to erase tapes, etc.). A model form for
such an agreement is available in the Office of Special
Services.
Am I
being asked to compromise academic standards or give the
student with a disability an advantage?
Definitely no. If the existence of the disability has
been verified, the accommodation should have the purpose
of providing an equal opportunity to the student, in
effect starting the student on equal footing with
others. To compromise standards or "water down" the
requirements would not assist the student to acquire a
competitive degree. The student with a disability should
fulfill all the essential course-related requirements;
however, altering the font-, substituting an equivalent
requirement, or changing the method of meeting
requirements may provide the student a more equitable
chance at success.
By
making certain accommodations to students with
disabilities, am I not discriminating against the other
students who would probably prefer such things as
extended time for tests, etc.?
Technically, it may appear that preferential treatment
is being given to students with disabilities; however,
the objective of the legal requirement is to help the
student compensate for a life function which is not the
same as that of other students in the class. Through the
accommodation we attempt to provide the student with the
same opportunity that other class members have without
special measures. The law allows, and in fact requires,
that special needs be met.
Where do
I go for assistance in providing accommodations?
The
Office of Special Services, CH 109, can provide
information and assistance in dealing with many of the
concerns you may have about accommodating students. the
office has information on many creative ways to
accommodate students and can provide the instructor with
information about how other institutions have solved
access problems.
What
specific help does the Office of Special Services offer
to faculty members?
The
specific charge of Office of Special Services is to
assist students with disabilities to matriculate;
however, the office serves as a resource/liaison for any
and all concerns which may arise in relation to students
with disabilities. For faculty members, the office is
developing informational pamphlets describing each of
the major disabilities with suggestions on making
classroom material more accessible for the student. In
addition, the office offers limited adaptive testing
resources as a service both to the student and to the
faculty member.
Exactly
what does the law say in regard to academic
accommodation?
Section 504, Rehabilitation Act of 1973 (Public Law
93-112 and subsequent regulations) has several sections
which deal specifically with academic accommodations.
Part 104.43, Treatment of Students, states: "No qualified
handicapped student shall, on the basis of handicap, be
excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under
any academic, research, occupational training,
...counseling, ...physical education, ... or other
post-secondary education program or activity". The
regulations further state that students must be educated
in the most integrated setting appropriate to the
individual's needs. Part 104.44, Modification of
Requirements, states that modifications must be made to
academic requirements to ensure that they do not
discriminate against a qualified student with a
disability. Academic requirements which can be
demonstrated to be essential to the program of
instruction being pursued (i.e. to the degree) or to any
directly related licensing requirement are not
considered discriminatory. Modifications such as changes
in the length of time permitted for the completion of
degree requirements, substitution of specific courses
required for the completion of degree requirements and
adaptation of the manner in which specific course are
conducted may be necessary.
The
requirements further state that tape recorders, guide
dogs, braillers, interpreters, note takers, or other
"aids or adaptations which may be necessary to provide
equality of access may not be prohibited from the
classroom." Course examinations or other evaluation must
be provided by methods or in formats which will best
ensure that the results of the evaluation represent the
student's achievement in the course, rather than
reflecting the impairment.
Finally, the regulations state that "auxiliary aids or
adaptations must be provided to ensure participation of
students with impaired sensory, manual or speaking
skills in classroom instruction or to ensure that such
students are able to benefit from the instruction."
These may include taped textbooks, readers,
interpreters, note takers, typewritten transcripts,
adapted equipment, or other effective methods of making
classroom presentations accessible to the student. The
institution has flexibility in choosing the methods by
which the aids will be supplied and can opt to use
resources already available through state vocational
rehabilitation agencies, textbook taping services, etc.
Within the classroom, partnering the student with a
classmate for lab situations and using volunteer note
takers, etc., are legitimate methods of making
accommodation. It is not necessary to provide
attendants, individually prescribed devices, readers for
personal use or study, or other devices or services of a
personal nature.
The
Americans With Disabilities Act of 1990, signed by
President Bush in July, is a civil rights act enlarging
the scope of Section 504. It protects individuals with
disabilities from discrimination by certain employers,
by providers of public services (such as housing,
transportation, communication), and by States, agencies,
political subdivisions of States, or boards, commissions
or other instrumentalities of States and political
subdivisions. It provides legal resource whenever
persons with disabilities are denied equal opportunity
to gain the same benefit, obtain the same result, or
reach the same level of achievement as individuals who
are non-disabled in the most integrated setting
appropriate to the individual's needs. Qualification
standards, selection criteria, performance standards or
eligibility criteria that exclude or deny services,
programs, activities, benefits, job or other
opportunities to an individual with a disability must
have been demonstrated to be both necessary and
substantially related to the ability of an individual to
perform or participate or take advantage of the
essential components of the particular program,
activity, job or other opportunity. These standards must
be detailed in writing and available to the general
public for viewing (Title II, ADA, Sec. 35:106).
|