Reasonable Accommodations in Higher Education By Sashi Nisankarao, J.D.

Disclaimer This presentation is intended for informational purposes only. This presentation does not constitute legal advice of any form.

Who is Obligated? Title II of the ADA covers all state and local government entities, including: State universities State trade schools State technical colleges Local community colleges

Title II Examples Please insert logos from UT Austin, UH, TSTC, HCC, etc.

Who is Obligated? Title III covers all private entities, including: Private colleges and universities Private technical colleges Licensing boards Private testing agencies Private online universities

Title III Examples Please insert logos from Baylor, Rice University,, University of Phoenix, Pima Medical Institute, Southern New Hampshire University, LSAC.

What is a Disability? Having a physical or mental impairment that substantially limits one or more major life activities; Having a record of such an impairment; OR Being regarded as having such an impairment

What is a Reasonable Accommodation? Any change in the ordinary campus, classroom or testing environment; The provision of auxiliary aids; AND/OR Any changes in school policies and procedures To allow students with disabilities to have equal opportunity to learn and participate in school programs and activities

Keep In Mind Inform ALL students on disability services at campus events, i.e. orientation Include contact information for ADA Coordinator for clear line of communication Provide informational sessions for students on how to request accommodations for standardized tests Provide students AND professors with a copy of accommodation letter for EACH semester of classes

Requests for Accommodation Should be made in writing University policy may require the completion of paperwork, but initial request need not be written Requests for additional documentation and further communications should be in writing Responses should be given in a timely manner so as not to delay an individual from their equal access to university participation

Evaluating a Request Look for past accommodation history Look for recommendations from qualified medical professionals Supporting information should show the disability-related need for accommodations

Evaluating a Request Consider student’s past accommodation history Primary or secondary school IEP or 504 plans (most recent) Prior testing accommodations on SAT or ACT ‘ If student is asking for same/similar accommodations now, then past accommodations history should be sufficient to show the disability-related need for accommodation

Evaluating a Request If student has no past accommodation history OR If student requests accommodations not previously given, Then office may seek documentation from a qualified medical professional that is NARROWLY TAILORED to newly requested accommodations

Evaluating a Request No two accommodations requests are alike Applies even when students have same/similar disabilities Evaluate EACH request on a case-by-case basis Disability changes over time, and so do accommodation requests The “floodgate effect” does not apply, but the “curb cut effect” does

The Floodgate Effect Just because one student receives a certain accommodation, does not mean that all other students must receive that same accommodation

The Curb Cut Effect Providing a particular accommodation for one student may result in benefiting all other students

Classroom Accommodations Provide class materials in alternative formats Make materials available before a lecture Provide further clarification of assignment instructions Make office hours available for one-to-one meetings

Notice Anything? The aforementioned accommodations are most likely already provided to ALL students Even commonplace accommodations should be written into a student’s accommodation letter

Thought Break A student with bipolar disorder and major depression frequently experiences fatigue and low self-motivation. She requests to be able to have intermittent absences in all of her classes. Her Constitutional Law professor requires that student miss no more than five classes. What would you do?

Thought Break A speech therapy student has severe migraines and requests that she be allowed to finish out the course online due to her flare-ups. The practicum is heavily interactive and face-to-face communication is imperative. What would you do?

Effective Communication Students with sensory disabilities must be given equal access to participate in higher education programs and activities Communications must be as understandable as they would be between people without disabilities Student knows their needs best, and ADA Coordinator MUST engage in the interactive process to determine what is most “effective”

Auxiliary Aids Auxiliary aids are devices that enable effective communication, including: ASL Interpreters CARTT Captioning Amplifying devices Screen reader software Dictation software Qualified readers

Thought Break A molecular biology Ph. D. student has a hearing impairment and knows American Sign Language. ODS has given her a live ASL interpreter for when she attends lectures and for when she makes presentations. What are some alternative accommodations for when the interpreter is unavailable? What about when the student engages in group activities and discussions? What about when the student is doing research in the lab?

Testing Accommodations Provide students with disabilities with equal opportunity to demonstrate their aptitude on an examination Accommodations may differ according to the nature of the test Testing accommodations may be different from classroom accommodations

Testing Accommodations Extended time Private testing room Scribes Qualified readers Screen reader software Dictation software

LSAC Settlement Agreement La School Admissions Council agreed to pay $7.3M in civil fines to plaintiffs and other test takers with disabilities who applied for accommodations and were systemically denied Settlement aimed to streamline the accommodations process by granting most requests supported by appropriate documentation

Thought Break A community college student with a visual impairment uses a qualified reader on all tests. Student has an upcoming open book/open note test and would like to continue with her qualified reader. Who is a “qualified” reader? How much of the student’s notes does the qualified reader have to read aloud?

Housing and Campus Accommodations Private dorm room (no roommate) Special equipment in dorm room (i.e. nebulizer, CPAP) Service dog or emotional support dog Modification of, or exemption from, campus activities and programs

Thought Break A student with severe Celiac disease lives on campus. She has extreme reactions to gluten and gets sick frequently. The university requires that all students living on campus purchase the meal plan, and student requests an exempt due to her disability. Should she be exempt? What supporting information would you request, and why?

Future Employment Concerns Provide accommodations for a student’s present needs and circumstances Establish a clear and consistent record of accommodation This will further bolster the student’s likelihood of securing accommodations in their future training and employment opportunities

Thought Break A student in a nursing program has a learning disability. He has requested a note taker in class, as well as 50% extended time on tests. The clinical program director will not make similar accommodations for this student, claiming that the student will not be given these accommodations once he begins work as a nurse. What would you tell the clinical director?

Keep in Mind Don’t be afraid to ask a student about your concerns when their request is unclear or overbroad The interactive process is ongoing Grant effective, appropriate accommodations to maintain the integrity of the course or program in which the student is involved Establish and maintain open, clear lines of communication with students and professors

Questions?

Website: www.southwestada.org Thank you! Contact us! Toll Free- 800-049-4232 Email: swdbtac@ilru.org Website: www.southwestada.org