Universal Design in Action The Changing Legal Landscape Madison Area Technical College Workshop November 10, 2016 1:45 p.m. – 2:45 p.m. Manju Banerjee, VP Education Research and Innovation Landmark College manjubanerjee@landmark.edu UD Workshop Nov 10 2016 LCIRT

Americans with Disabilities Act (ADA, 1990) The ADA is a non-discrimination law which defines an individual with a disability as someone who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment. (42 U.S.C. §§ 12101-12213) Applies to any postsecondary institution receiving federal funds UD Workshop Nov 10 2016 LCIRT

Protection under the ADA in Postsecondary Defines who is eligible for protection Supports the use of “reasonable accommodations” as way to ensure equal access Accommodation are changes to academic and non-academic protocol and procedures, as deemed appropriate for the student and the institution Accommodations are not meant to change “essential requirements” of the program of study or other academic standards A student must be otherwise qualified UD Workshop Nov 10 2016 LCIRT

Determining Academic Accommodations UD Workshop Nov 10 2016 LCIRT

Americans with Disabilities Act Amendments Act (ADA AA, 2008) On Sept 28, 2008 President Bush signed into law the “ADA Amendments Act of 2008” and the law went into effect on Jan 1, 2009 Expanded description of “major life activities” … substantially limits one or more major life activities, including reading, learning, concentration ….. An impairment that is episodic or in remission is a disability, if it substantially limits a major life activity when active Determination of whether an impairment is substantially limiting must be made without consideration of the ameliorative effects of mitigating measures UD Workshop Nov 10 2016 LCIRT

ADA AA (cont.) Students still have to establish that they qualify under the ADA, but …. Disability Documentation requirements are now changing: Documentation guidelines are less burdensome Burden of proof is on the institution Self-report has been elevated Accommodation determination is much more of a negotiated process UD Workshop Nov 10 2016 LCIRT

Accommodations as a Negotiated Process Past approach – DS personnel provided accommodation letter to student to give to faculty Emerging approach – Conversation between student, DS personnel, faculty, academic advisor, department chair and others Multiple sources of evidence – More of a portfolio approach rather than documentation as the sole source of evidence Student intake by DSP Observations Self-report Faculty account IEP, 504 plan, physician’s letter Others UD Workshop Nov 10 2016 LCIRT

What Does This Mean For Faculty? Students directly asking for accommodations from faculty Request for non-traditional accommodations - grading rubric excused for occasional class absences make up exams use of learning technologies in-class and on exams extended time for term projects Implications for adjunct faculty? UD Workshop Nov 10 2016 LCIRT

What Does This Mean For Disability Services? Standard accommodation letter and procedure may not work - Individualized accommodation letters Dated disability documentation Increased need to be consistent regarding informal and formal accommodations – credibility with faculty and departments Use of accommodation as evidence of continued justification; has pros and cons UD Workshop Nov 10 2016 LCIRT

Discussion Forum Are you seeing “hidden disabilities” on the rise on your college campuses? What accommodations are you providing for students with psychiatric disabilities? What about course content on the website and accessibility? Do you provide accommodations for ELL students? How are you addressing students who do not have the means to get documentation? UD Workshop Nov 10 2016 LCIRT 10

End of Session UD Workshop Nov 10 2016 LCIRT 11