Disability DisclosureDisability DisclosureWithin the Educational Within the Educational ContextContext

Presented by:

Lorin MacDonald, AssociateCohen Highley LLP

The Accessibility ConferenceUniversity of GuelphMay 29, 2012

© L. MacDonald, 2012

RoadmapRoadmap What is Disclosure?

Accommodation

Advantages & Disadvantages of Disclosure

Post-Secondary Disclosure – When, What, and to Whom?

Rights & Responsibilities

Protection Under the Law

Helpful Tips for Students

What is Disclosure?What is Disclosure? Intentional releasing of personal and often highly

sensitive information about oneself to others for a specific purpose

Disclosure is a very personal decision; takes thought and practice

Important to consider:

◦ what information need to share

◦ with whom

◦ and for what purposes

Not essential to divulge all personal information about disability

Must decide what and how much sensitive information is necessary to reveal in order to obtain the needed accommodations

Up to the student to determine own personal privacy boundaries

Involves sharing information regarding one’s disability-related needs and also providing creative, practical suggestions for accommodations

Helpful to provide information about:

◦ How disability affects capacity to learn and perform effectively, and

◦ The environment, supports, and services will need in order to access, participate in, and excel in their studies

Effective disclosure:

When a person is knowledgeable about their disability

AND

Is able to describe both their disability-related needs

and their skills and abilities clearly

Ultimately, disclosure is about informed choices

The decision to disclose is a person’s choice to make

May vary based on the particular person, situation or setting, and need for accommodation

Making the personal decision to disclose a disability can make a person more confident in himself or herself, and in the choices he or she makes

What is Accommodation?What is Accommodation?Any change or adjustment to an

environment that makes it possible for an individual with a disability to enjoy an equal opportunity

Essentially, any strategy that gets rid of or lessens the effect of a specific barrier, i.e.,

◦ Changes to facilities and equipment

◦ Provision of special services

◦ Creative thinking and problem solving

AccommodationsAccommodationsThe duty to accommodate arises from the

Ontario Human Rights Code

May be hesitant to try accommodations for fear that others will perceive them as receiving “special treatment” or an “unfair advantage”

Accommodations are only intended to level the playing field

They are NOT intended to justify or compensate for a lack of knowledge, skills or abilities necessary to succeed

Educational Educational AccommodationsAccommodations Accessible classrooms

Modified instruction

Modified curricula

Modified class schedules

Providing supervised breaks or allowing extra response and processing time during testing sessions, and administering the test at the best time for the individual

Providing special seating in a general education classroom, a small group setting, or special education support staff

Educational Educational AccommodationsAccommodations Providing large print materials, Braille materials,

calculator, computers with spelling and grammar checkers, and electronic dictionaries

Providing written copies of orally-presented materials found in examiner’s manual, closed-captioning of video materials, or sign language interpreters

Allowing individuals to answer by pointing rather than marking in a test booklet, by dictating responses to examiners for verbatim transcription, or by responding to an interpreter for transcription

Advantages of DisclosureAdvantages of Disclosure Get the help students need and deserve (e.g.,

academic accommodations)

Avoid misunderstandings with instructors or peers

Educate others and reduce the stigma surrounding disability

Reduce the risk of discrimination. Policies are in place to prevent anyone from discriminating against a student on the basis of disability. The Disability Services Office (DSO) can advocate on your behalf - but only if they know!

Have a plan in place in case of an emergency. It is always harder to disclose in a crisis.

Disadvantages of Disadvantages of DisclosureDisclosure People may not understand disability. They may

have negative stereotypes about people with disabilities based on their lack of knowledge.

If someone doesn't understand disability, they may discriminate. For example, they may confuse disability with a lack of ability.

Not everyone respects a confidence. They may share the information with others, even if you haven't.

Post-Secondary DisclosurePost-Secondary DisclosureOnce a youth leaves high school, the

responsibility and power to disclose is theirs alone

Accommodations need only be provided when a student discloses and requests accommodations

Instructors and other staff are not required to provide accommodations to students who have chosen not to disclose

Post-Secondary DisclosurePost-Secondary DisclosureEarly planning is essential to:

◦ obtain information about available supports and services

◦ identify adjustments necessary to the study environment

◦ receive any necessary assistance with the transition from high school to post-secondary education

Post-Secondary DisclosurePost-Secondary DisclosureEarly planning is essential to:

◦ ensure that disability support service professionals provide any needed training or awareness for faculty members and other staff to help students receive the best accommodations

◦ ensure faculty members are familiar with and implement the accommodations students require to be successful in their classes

WHEN to DiscloseWHEN to Disclose As early in the school year as possible.

It takes time to gather the necessary documentation and put the arrangements in place.

Requesting an accommodation the day before the exam or the assignment due date not only looks bad for students, it may not be possible to arrange on short notice.

For students, have an emergency plan in place in case you get ill during the year or find that you are not coping as well as you had hoped.

WHAT Information to WHAT Information to DiscloseDisclosePreparation is essential

Unnecessary to disclose very detailed medical or personal information

A diagnosis of a student’s medical condition will not usually be relevant to or necessary for planning accommodation

Wherever possible, an education provider should attempt to ascertain the disability-related needs of a student without requiring a formal diagnosis.

WHAT Information to WHAT Information to DiscloseDisclose Be concise – limit disclosure to:

◦ General information about disability

◦ Why chose to disclose disability (e.g., its impact on academic performance)

◦ The type of academic accommodations that have worked in the past in high school

◦ The type of academic accommodation anticipated in the post-secondary setting, and

◦ How disability and other life experiences can affect course of study positively

Focus the disclosure conversation on academic abilities, not on disability

To WHOM to Disclose?To WHOM to Disclose?Only need to disclose their disability to

those individuals who need to know:

◦ Disability Support Services Staff

◦ Instructors

◦ Admissions Officer

◦ Academic Advisor or Counsellor

◦ Higher Education Administrators

Rights and Rights and ResponsibilitiesResponsibilitiesStudents with disabilities have the RIGHT

to:

◦ Be treated fairly and in a non-discriminatory fashion

◦ Discuss their academic needs, supports and accommodations in a non-judgmental setting

◦ Have information about their disability treated confidentially and respectfully

◦ Know what happens to personal information they choose to share with counsellors, faculty, or staff

Rights and Rights and ResponsibilitiesResponsibilitiesStudents with disabilities have the RIGHT

to:

◦ Work collaboratively with staff to identify necessary supports for their success

◦ Obtain information about disability support services as well as physical and program access at the institution of their choosing

◦ Be self-determined and practical

Rights and Rights and ResponsibilitiesResponsibilitiesStudents with disabilities have the

RESPONSIBILITY to:

◦ To accept responsibility for their education - maintaining academic levels, attending classes, maintaining appropriate behaviour and timely notification of any special needs.

◦ To self-identify as a person with a disability or disabilities to the Disability Services Office (DSO).

◦ To provide up-to-date documentation of the disability or disabilities to the DSO.

Rights and Rights and ResponsibilitiesResponsibilitiesStudents with disabilities have the

RESPONSIBILITY to:

◦ To request academic accommodations that will enable them to compete more fairly with your non-disabled peers.

◦ To self-identify to faculty as a student with a disability or disabilities and provide them with a profile developed in conjunction with the DSO.

◦ To remind the instructors in a timely manner of academic accommodations required for tests and assignments.

◦ To contact the DSO with ample lead time to request academic accommodations for tests and exams.

Protection Under the LawProtection Under the Law

The Canadian Charter of Rights and Freedoms (1981)

The Ontario Human Rights Code (1981)

Ontarians with Disabilities Act (2001)

Accessibility for Ontarians with Disabilities Act, 2005 (AODA)

Helpful Tips for StudentsHelpful Tips for StudentsResearch shows that having a disclosure

“script” and practicing it with friends, teachers, relatives, and mentors can be of great benefit to youth when the time actually comes to disclose

Easier to talk about the impact of having a disability rather than offering a formal or clinical definition

Helpful to include some information relating to areas of strength

Thank youThank youfor your attention.for your attention.

Let’s talk!Let’s talk!