DISABILITY ACCOMMODATIONS TRAINING PRESENTED BY: TAMRA J. ENGLISH AND MELISSA V. GARCIA

DISABILITY LAWS  Federal Law  Americans with Disabilities Act  Section 504 of the Rehabilitation Act Of 1973  The Fair Housing Act  Institutions, in the role of landlord, may need to make reasonable accommodations for disabled student-tenants.  State Law  Texas Labor Code Chapter 21- Employment Discrimination  Municipal Codes and Ordinances

AMERICANS WITH DISABILITIES ACT  Title I: Prohibits discrimination against the disabled in employment.  Covers Employers with 15 or more employees  Enforced by the Equal Employment Opportunity Commission  Title II: Prohibits state and local governments and agencies from discriminating against the disabled in public services.  Covers all state and local governmental entities  Enforced by the Department of Justice  Title III: Prohibits any place of public accommodation from denying the disabled the full enjoyment of the goods, services, facilities, privileges, advantages and accommodations provided to others; establishes accessibility for facilities.

SECTION 504 OF THE REHABILITATION ACT OF 1973  Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities receiving federal financial assistance. Students with disabilities must be given the same opportunities to participate in academic, nonacademic and extracurricular activities as their non-disabled peers.  Under Section 504, students with disabilities may receive accommodations and modifications as well as supplementary aids and services to ensure that their individual educational needs are met as adequately as those of non-disabled students.

WHAT IS A DISABILITY?  Disability: A disability is defined under the ADA (and adopted by Section 504) as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment.

EXAMPLES DISABILITIES  AIDS and HIV Infection  Asthma  Back Problems  Cancer  Diabetes  Epilepsy  Hearing Problems  Heart Conditions  Hypertension  Speech Problems  Suicidal Tendencies  Vision Problems  Obesity (?) NOT DISABILITIES  Age  Color of Hair or Eyes  Criminal Record  Exhibitionism  Gambling  Infected Finger  Kleptomania  “Minor Impairments”  Chronic Lateness  Left-handedness  Flu

WHAT IS A REASONABLE ACCOMMODATION?  To ensure that programs and activities are fully accessible to students with disabilities, universities are required to provide “reasonable accommodations.” Specifically, universities are required to make reasonable modifications in their practices, policies and procedures, and to provide auxiliary aids and services for persons with disabilities, unless to do so would fundamentally alter the nature of the goods, services, facilities, privileges, advantages and accommodations they offer or would result in an undue financial or administrative burden on the institution  An institution is required to consider alternative forms of accommodation  Feasibility, Cost, Effect on Program  If what the student would need in order to be successful would result in a fundamental alteration of the program, the request is not reasonable.  Would the requested accommodation result in a lowering of academic standards?  Was the institutional decision “rationally justifiable”?  Case by Case Analysis

REQUESTING AN ACCOMMODATION  Policy of institution dictates procedure  What is UTPB policy/procedure?  Who is involved?  Where is it published?

UTPB POLICIES ON DISABILITIES AND ACCOMMODATIONS  Students  Services for Students with Disabilities (SDS)  Contact the PASS Office directly at or to the Pass Office website: success/pass-office/ssdhttp:// success/pass-office/ssd  Faculty/Employees  UTPB HOP 12 – Accommodating Disabilities in the Workplace  Contact Human Resources

WHAT IS THE ROLE OF UTPB’S SERVICES FOR STUDENTS WITH DISABILITIES ?  Make a determination as to whether the person is legally disabled?  SDS does not provide a diagnosis  Student must provide appropriate documentation of disability and limitations (i.e., documentation from health care provider)  Engage in an “interactive process” with the student and faculty to discuss whether a reasonable accommodation can be provided.  Work with faculty to provide a reasonable accommodation, unless to do so creates an “undue hardship.”

FACULTY: ROLES, RIGHTS & RESPONSIBILITIES

FACULTY ROLES  Make reasonable accommodations  Provide access to classroom & materials  Maintain Confidentiality

FACULTY RIGHTS  Maintain academic standards for courses  Determine course content and how it will be taught  Confirm a student’s request for accommodation and ask for clarification about a specific accommodation with SDS  Deny a request to accommodate – if student has not been approved for such accommodation  Award grades appropriate to the level of the student’s demonstration of mastery of material  Fail a student who does not perform to passing standards (without regard to disability)

FACULTY RESPONSIBILITIES  Understand the laws and UTPB’s guidelines regarding students with disabilities  Refer students to SDS when necessary  Provide requested accommodations and academic adjustments to students who have documented disabilities in a timely manner  Maintain appropriate confidentiality of records concerning students with disabilities except when disclosure is required by law or authorized by the student  Provide handouts, videos, and other course materials in accessible formats upon request  Evaluate students based on their abilities rather than their disabilities

FACULTY NO-NO’S  Refuse to provide an approved accommodation for a documented disability  Challenge the legitimacy of a student’s disability  Review a student’s documentation, including diagnostic data

STUDENTS: RIGHTS & RESPONSIBILITIES

STUDENT RIGHTS  The right to equal access to courses, programs, activities, services, and facilities  Reasonable accommodations  Confidentiality

STUDENT RESPONSIBILITIES  Register with Services for Students with Disabilities (SSD)  Provide required documentation to SSD of disability  Inform the instructor and provide accommodations letter from SSD  Participate in the discussion on how needs can be met (i.e., “interactive process”)

COMMON DISABILITIES IN HIGHER EDUCATION  Students with Learning Disabilities and Attention Deficit/Hyperactivity Disorder  Students with Visual Impairments  Students who are Deaf and Hard of Hearing  Students with Health Impairments  cancer, chemical dependency, chronic fatigue syndrome, diabetes, epilepsy, etc.  Students with Mental Health Issues  major depression, bipolar disorder, sleep disorders, eating disorders, severe anxiety disorders, etc.  Students with Physical Disabilities  wheelchair users, amputees, speech impairments, muscular dystrophy, multiple sclerosis

STUDENTS WITH LEARNING DISABILITIES AND ATTENTION DEFICIT/HYPERACTIVITY DISORDER POSSIBLE LIMITATIONS  difficulty completing tests  problems with grammar  difficulty taking notes  slow reading rate  difficulty with reasoning  poor comprehension and retention of material read  difficulty following directions COMMON ACCOMMODATIONS  extended time for testing  reduced distraction environment for testing  preferential seating near the front of the class  readers for exams or note taking assistance during class  use of a dictionary  copies of overheads, handouts, lecture notes

STUDENTS WITH VISUAL IMPAIRMENTS POSSIBLE LIMITATIONS  ability to take notes in class  ability to see classroom visual aids, writing on chalkboard, etc.  reading  locating large-print materials  finding transportation  researching reports and short articles  mobility around campus and in the classroom COMMON ACCOMMODATIONS  large print or Braille handouts  TV monitor connected to microscope to enlarge images  directions, notices, assignments in electronic form  computers with enlarged screen images  seating where the lighting is best  extended time for testing  use of a reader/scribe for exams

STUDENTS WHO ARE DEAF/HARD OF HEARING POSSIBLE LIMITATIONS  listening to and understanding lecture information  taking notes in class  working effectively in group projects or class discussions COMMON ACCOMMODATIONS  interpreters, real – time captions  note taking assistance  visual aids  electronic mail for communicating  captioned videos and transcripts of audio recordings  written directions, assignments, lab instructions

STUDENTS WITH HEALTH IMPAIRMENTS POSSIBLE LIMITATIONS  mobility around campus and in the classroom  taking notes in class  concentration/attention  time management  anxiety COMMON ACCOMMODATIONS  note taking assistance  audio – taped class sessions  flexible attendance requirements  extra exam time  alternate testing arrangements  assignments in electronic form  communicating through electronic form

STUDENTS WITH MENTAL HEALTH ISSUES POSSIBLE LIMITATIONS  concentration  short term memory difficulties  distractibility  time management  fluctuating stamina causing class absences  irritability  feelings of fear and anxiety about exams COMMON ACCOMMODATIONS  preferential seating  prearranged or frequent breaks  audio recorder, note taking assistance  extended test taking time  separate, quiet room for testing  early availability of syllabus, text

STUDENTS WITH PHYSICAL DISABILITIES POSSIBLE LIMITATIONS  difficulty writing, such as class notes and on exams  sitting in a standard desk  participating in labs where lab tablets and equipment are hard to reach  transportation  classrooms or buildings that are not wheelchair accessible COMMON ACCOMMODATIONS  relocating a class or lab to an accessible building  audio recorder or notetaking assistance  accessible seating or table in the classroom  scribe for scantrons and/or essay exams  additional time for completing exams

SERVICE ANIMALS  Covered by the ADA & Section 504  “Service Animal” - Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.  Limited questions permitted 1. is the service animal required because of a disability, and 2. what work or task has the animal been trained to perform?  Not required to register with SDS  Cannot require documentation  Full access to all areas of campus where public would be able to go  What not to do  Don’t ask about the person’s disability  Don’t require medical documentation of need for animal  Don’t require documentation that the animal has been certified, trained, or licensed  Don’t ask that the animal demonstrate its ability to perform the work or task

EMOTIONAL SUPPORT ANIMALS  Not covered under the ADA or Section 504  Ask for documentation of disability; Ask for medical documentation of need for animal  Under the FHA, a person may keep an assistance animal in his or her dwelling unit as a reasonable accommodation if: 1) the person has a disability; 2) the animal is necessary to afford the person with a disability an equal opportunity to use and enjoy a dwelling; and 3) there is an identifiable relationship or nexus between the disability and the assistance the animal provides.

ADA/SECTION 504 DECISIONS AS APPLIED TO INSTITUTIONS OF HIGHER EDUCATION

QUESTIONS???