A brief overview of laws, services, and accommodations

Serve the needs of qualified student with disabilities by providing equal access to quality education, services, and activities;

Serve as a resource for faculty and staff to increase awareness and expertise in the area of disabilities;

Work with and support other local agencies that provide services to students with disabilities

Provide community education regarding program services and disability issues.

FY 2014 Breakdown:

159 active students (FY 2009-83 active, FY2010-123, FY2011-139, FY 2012-152, FY 2013 - 160)

LD-43% (38% last year)

ADHD–19% (21% last year)

Mental Health-21% (18% last year)

Limited numbers of students with mobility, hearing, vision, Autism, TBI

Someone who has a physical or mental impairment which substantially limits one or more major life activities including: self-care, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, reading, bending, concentrating, thinking, or communicating. The definition has also broaden to major bodily functions (digestive, cell growth, circulatory, etc…)

Those who have conditions that corrective measures (medication, glasses, etc..) would ameliorate are now considered disabled

Who has a record of such impairment, or

Is regarded as having such an impairment

This law was designed to ensure that any program or activity receiving federal financial assistance does not discriminate on the basis of disability for otherwise qualified persons (Section 504 of the Rehabilitation Act of 1973).

Extended the ideas of section 504 to public and private companies/agencies that don’t receive federal funding

No otherwise qualified individual with disabilities shall, solely by reason of their disabilities, be excluded from the participation in, be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity, or be subjected to discrimination in these programs (Americans With Disabilities Act-Amendments Act, 2008)

An individual with a disability is qualified if, with or without reasonable accommodation, meets standards requisite to admission or participation

A word of caution regarding students who may be “not otherwise qualified.”

Our office, in conjunction with faculty, determine whether an accommodation is reasonable or unreasonable.

We determine “reasonableness” via case law from Office of Civil Rights rulings, and by the few exceptions that have already been determined. An accommodation is NOT reasonable if:

It would pose a direct threat to the health and safety of others

Making the accommodation means making a substantial change in an essential element of the curriculum (from an educational standpoint)

It poses an undue financial or administrative burden on the business/agency/entity

How do you determine which parts of the curriculum are essential?

Extensions on assignments (occasional vs. ongoing – journalism vs. psychology)

Attendance- (in syllabus vs. not in syllabus – discussion based class vs. no discussion)

OCR generally cites in favor of the school

Student Intake/Evaluation of Documentation

Review of existing materials

Forms for gaining documentation

Limited testing

Determination of substantial limitation in a certain life area

Discuss label of disability vs. limitation – just because you have one doesn’t necessarily mean you have the other

When disability/substantial limitation has been established, based on documentation and intake form, we determine reasonable accommodations

Accommodation form filled out and given to student

Student advised to inform instructor of disability (confidentiality) and accommodations

• View, sign, and return form

• Provide accommodations as documented on the form in collaboration with our office, unless you feel there’s a substantial alteration of essential curriculum

• Seek out note taker assistance

• Provide a copy of lecture notes

• Enlarge materials

• Send testing materials to Assessment Center

• Allow for tape recording lectures *

• Arrange for physical accommodations

• Allow extensions on tests or assignments

You have the right to: Deny accommodations if you can prove they are an

essential part of your curriculum

Fail a student with a disability

Ask a student who is tape recording to turn off the recorder when personal information is being shared

Follow conduct guidelines

Discuss accommodations with the Disability Services Coordinator (*note regarding waiver)

You do not need to provide accommodations if an accommodation letter is not presented to you

When sending tests to the Assessment Center or Disability Services, please include clear instructions, accommodations, and information on the return method (Disability Services)

If a student refuses an accommodation they’ve requested, please note it on the Documentation of Testing Accommodations form, if you’d like.

Your Responsibilities:

Discuss and approve testing logistics with the student

Get testing materials, along with any accommodation information needed, to the Assessment Center prior to the day of the test

Student Responsibilities

Provide you with a letter of accommodation

Discuss testing logistics

Remind you to send testing materials to the Assessment Center at least 2-3 days in advance of test

Your Responsibilities:

Discuss and approve testing logistics with the student

Get testing materials, along with any accommodation information needed, to the Disability Services Office 1-2 days prior to the day of the test if possible

Send 2 copies of the test – one for the student, one for the reader

If the test is being sent digitally, please send it to both Tina Hardy and Judy Mika

If there are passwords or special instructions, please let Disability Services know

Student Responsibilities

Discuss testing logistics with instructor

Remind instructor to send test to Disability Services at least 2-3 days in advance of test

Schedule testing time with Disability Services as soon as test date is set

Discuss re-test date options with instructor prior to a reschedule with Disability Services

Discuss options for gaining lecture information, i.e. whether course notes/Power Points are available

Make general, confidential announcement regarding need for note taker as soon as possible after receiving accommodation letter indicating that need

Refer any note takers to Disability Services – Tina usually handles note takers

Assess note taker notes/capability if needed

Keep student and Disability Services appraised of note takers status

Approach a capable student if no one volunteers

Discuss options with Disability Services (Tina) if you cannot find a note taker

If you notice that a student has “Alternate Text” as an accommodation you do not need to anything, generally. Judy Mika in Disability Services handles and processes the request.

We may need text-related information from you occasionally

Discuss course expectations with all students

All students are subject to the code of conduct

Contact Disability Services to determine if the student has signed a release that would allow them to share any information with you regarding the behavioral needs of the student, or whether they have any advice for working with the student

In certain cases where the above interventions haven’t worked, it may be important to document all behaviors and report them to administration

• Note taking assistance

• Lecture outlines – ahead of time is most helpful

• Extended test time

• Test readers

• Texts in alternate formats

• Tutors/Writing Center

• Information shared in a multisensory format

• Check for understanding

Flexible attendance within reason

Note takers

Extended test time

Alternate testing site

Assignments in electronic format

Note taking Assistance

Lecture outline

Alternate testing site

Extended test time

Course schedule, syllabus, notes, etc… online as a backup

Use of an organizer – demonstration of how to effectively use this as it pertains to your class

Interpreters, note takers

Face student when speaking

Course information in electronic format

Visual aids

Repeat statements/questions from other students

Captioning of videos

Adaptive equipment for specialized tasks (ex. blood pressure cuff )

Large print materials

Preferential seating

Course information in electronic format

Seating where lighting is best/additional lighting

Testing accommodations (V-Tek)

Audio tape lectures, Braille materials or electronic lecture notes

Describe visual aids

Adaptive equipment (talking calculator or thermometer, use of JAWS optical character reader)

Adjustable tables/work spaces

Note takers

Class materials in electronic format

Extended test time

Class materials in accessible electronic format

Multi-sensory presentation of course information

Lecture outlines

Use of library, peer tutoring and writing center

Job Accommodation Network – overview of ADAA and lists of accommodations by disability in A-Z index

http://www.jan.wvu.edu/links/adaaa.htm

University of Washington – DO-IT – a variety of resources regarding specific accommodations, rights and responsibilities for faculty

http://www.washington.edu/doit/Faculty/

IVCC’s Disability Services Page – There are sections for forms, additional resources, and faculty information

www.ivcc.edu/disability