Reasonable Accommodation Committee (RAC) Guide February 2016

2 Background Appendix 605 PRH Chapter 6 Policy Purpose

3 Process for an Applicant or Student with a Disability to Request Reasonable Accommodation (RA) to participate in the Job Corps Program Appendix 605 Provides detailed explanations and additional guidance on policy requirements related to RA. basic information from the Americans with Disabilities Amendments Act (ADAAA). RA Process

4 Poll Question #1 How many of you have read Appendix 605? Yes No

5 RAC Guide Interaction Accommodations Support Reasonableness

6 A Comprehensive Guide to Engaging Applicants and Students in the Interactive Reasonable Accommodation (RA) Process, Implementing Accommodations, and Monitoring Accommodation Effectiveness

7 Poll Question #2 How many of you have read The RAC Guide? Yes No

8 Guidance Topics Communication Requirements; Communicating with Students and Applicants with Disabilities Standardized Testing Accommodation Considerations Responsibilities in the TABE Waiver Process Reasonableness; Accommodation Funding Work-based Learning and Accommodation Referrals for Suspicion of Disability; Responsibilities in the Assessment Process RA SOP;RA Process Legal and Policy Requirements; Applicant Interview Special Considerations Red Flags in the RA Process; Resources and Tools

9 Requesting Accommodation Determining the Need for Accommodation Ensuring Appropriate Documentation Reviewing a Request Determining Reasonableness Entering the Accommodation Plan in CIS Notifying Staff/Viewing the Accommodation Plan Determining Accommodation Effectiveness Documenting the Accommodation Process Maintaining the Accommodation File Storing Accommodation and Disability Documentation Confidentiality Reasonable Accommodation Process

Which individual or individuals must always be a part of the RAC? Test your RA Knowledge! A The applicant or student B The DC C The CMHC D Both A & B

What occasions require the DCs to engage an applicant or student in the interactive process? Test your RA Knowledge! A There is a request for accommodations B There is documentation of disability C There is effectiveness review feedback that student is struggling D All of the above

12 ADAAA Mitigating Measures Major Life Activities Definitions Substantially Limits

13 Mitigating Measures  Mitigating measures are things such as medications, medical equipment or supplies, hearing and mobility support devices, prosthetics, etc.  Other than ordinary eyeglasses/contact lenses, the beneficial effects of mitigating measures shall not be considered in determining whether a person is someone with a disability or not. For example, experiencing periods of stability due to the use of a medication does not preclude a person from being determined to be a person with a disability.

14 Major Life Activities  Major life activities has been expanded to include major bodily functions such as the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. Certain impairments will virtually always be found to result in substantial limitation in performing certain life activities. Examples from the ADAAA regulations include deafness, blindness, intellectual disability, etc.

15 Episodic or Remission  Clarifies that a condition is still a disability if it substantially limits a major life activity when active even if there are periods of remission or the condition is episodic. Again, for example, experiencing periods of stability due to the use of a medication does not preclude a person from being determined to be a person with a disability.

16 Temporary Conditions  The effects of an impairment lasting less than six months can be substantially limiting if sufficiently severe. Typically, impairments that last only a short period of time are not covered For example, the individual may have a severe injury such as a broken back, etc. This must be determined on an individualized basis.

17 Substantially Limits  An impairment does not need to prevent or severely or significantly restrict a major life activity to be considered “substantially limiting.” Nonetheless, not every impairment will constitute a disability and determination of whether an impairment substantially limits a major life activity still requires an individualized assessment.  The ADAAA states that the definition of disability should be interpreted in favor of broad coverage of individuals. More people will likely be covered under the definition though and individualized assessment it still required.

18 Guide Features RA Considerations Functional Limitations Do’s & Do Not’s Testing Considerations

19 True or False If an applicant or student has given you documentation that substantiates their disability, you can still ask for additional disability documentation. True False

20 True or False Determining whether an applicant or student is a person with a disability requires extensive documentation and a lot of analysis. True False

21 Considerations in Reviewing Accommodation Requests and Disability Documentation  Is there a Reasonable Accommodation Request Form? If no, then what do you have to double check before you are done with considering accommodations? o Is there documentation of disability within the file? If so, then you still need to engage the applicant in the interactive reasonable accommodation process even if they did not complete a request form and/or checked “no” to accommodation on the 653, Health Questionnaire. If yes, then which parts are completed? o Does the applicant or student specifically list the accommodations they need or wish to have? o Did they check that they “may” need reasonable accommodation? o Did they check that they did not need any accommodations?

22 Functional Limitations Functional LimitationExamples Self Careactivities of daily living like bathing, dressing Mobilitywalking or getting around the center Difficulty with medication side effects drowsiness, dry mouth, slowed response times Screening out environmental stimuli unable to screen out sounds, sights, odors, etc. which interferes with managing daily tasks and sometimes results in emotional/physical responses as the individual becomes overwhelmed with the sensations Sustaining Concentrationrestlessness, distraction, shortened attention span, memory difficulties, etc.)

23 Functional Limitations Functional LimitationExamples Responding to changedifficulty managing responses to interruptions or sudden changes to anticipated schedule, etc. Managing anxietyavoidance of certain environment/tasks or emotional and/or physical responses to certain situations and environments that can cause the individual to feel overwhelmed sometimes resulting in paralyzing fear, interference with concentration, etc.

24 Applicant Requests Accommodations  Applicant or student either lists accommodations s/he needs or indicates that s/he “may need accommodations to participate in the Job Corps program.  What do you do first? Make sure the documentation supports the accommodations being requested or that the functional limitations match the accommodation need.

25 Applicant Requests Accommodations  What if the applicant or student is requesting accommodation but is unsure of their specific accommodation needs, then what must the RAC do? Again, identify his or her functional limitations (i.e., how is the disability affecting the individual’s daily functioning), and then Assist with suggesting and recommending appropriate relevant “reasonable” accommodations related to those functional limitations also using previous disability documentation as a foundational basis, whenever possible.

26 Unreasonable Accommodations  Please do not suggest/recommend/offer any accommodation in which it is obvious or highly likely that is would deemed to be unreasonable such as: 24 hour supervision Bars on all of the dorm windows  It creates potential legal scenarios if we suggest accommodations to applicants or students and then turn around and tell them we have to recommend denial of the same accommodations we just suggested they needed. Note: If you are recommending denial and believe this level of supervision is needed, include this clinical opinion/observation in the clinical review section of the assessment being completed. Do not list it as an accommodation.

27 Applicant/Student Refuses Accommodations  If an applicant or students does not wish to have accommodations, this must be noted on the Request for Accommodations form by checking the refusal box. If an applicant, the applicant may sign upon enrollment (if they enroll). If a student, the student should sign at the RAC meeting. If the refusal is stated during a RAC meeting within the health care needs or direct threat assessment review, the refusal is delineated by checking “no” of each specific accommodation refused in item #5 of the specific assessment being completed.

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RAC Committee Double-Checks! Did the applicant participate in the interactive RA process? Does the applicant/student and the RAC agree to the RA? Are each of the RA offered supported by the documentation provided? Are all of the RA reasonable? If the student refuses RA, was the refusal box checked and form signed? If the student refused RA in the assessment process, the checkbox was checked as “no” for those accommodations refused.

30 Testing Accommodation Considerations  Testing accommodations must not be provided to any student without documentation of disability unless the disability is obvious (i.e. student is blind and either needs an oral administration or a Braille administration of the TABE, as appropriate).  Certain accommodations are never appropriate in the standardized testing environment such as rephrasing the TABE test questions by simplifying, rewording, or otherwise changing the structure of the test and therefore impacting the standardization beyond what Job Corps allows.

31 Testing Accommodations  An accommodation cannot be provided simply because the student either requested the accommodation or staff believe it would be helpful to a student.  There are some general adaptations which are acceptable to provide to any student, regardless of disability status, because they do not impact the standardization of the test. Some general adaptations include: Allowing koosh balls or other fidget items to assist with general test anxiety Ear plugs Graph paper

32 Tools Organizational Support Forms Checklists Policy References

33 RAC Meeting Checklist If applicant/student initially refused accommodations but now wishes to accept accommodations, a new Reasonable Accommodation Request Form was completed.

34 RAC Meeting Checklist Accommodations considered center-wide access needs (i.e. program, architectural, and communication) and included necessary accommodations, as appropriate. Applicant/student’s signature obtained o if applicant/student agrees to accommodation plan. o if applicant/student refuses offered accommodations.

35 Storage Refusal Documentation Accommodation Files Disability Files Secured

36 Accommodation Files Storing Disability Documentation Each student should have only one accommodation file. All accommodation files must be stored as a group in a separate drawer, file cabinet, or storage room that is locked. When the student separates, the accommodation file should be sealed and sent to records to be combined with other files into a single record and stored in a central location on center.

37 Storage of Non-Health Disability Documentation- No Accommodation Plan  If a student with a disability does not wish to receive accommodations, one of two forms is completed to document the refusal. 1.Reasonable Accommodation Review/Documentation of Disability Form* if the applicant/student has provided documentation of a disability but declined accommodations during the interactive accommodation review process. 2.Reasonable Accommodation Request Form–Program* if the applicant/student requested accommodations or stated that he or she might need accommodation but are unsure of what they may need. o Forms may be found in Appendix 605.

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40 Storage of Refusal Documentation  A “disability, no accommodations” file is created for each student that has a disability, but no accommodation plan. This file contains the appropriate form and any non-health disability-related documentation such as an IEP. These files should be stored in the same location as the accommodation files, but should be differentiated (e.g., stored as a group in a separate area of the cabinet or color coded).  When the student separates, these files should be sealed and sent to records to be combined with other files into a single record and stored in a central location on center.

41 True or False Students with a documented disability who refuse accommodations should have an accommodation file. True False They would not have an Accommodation File (AF) but they would have a “Disability, No Accommodations File” (DNAF) instead.

42 Red Flags Policies & Procedures Pitfalls & Concerns Quality Reviews Implementation

43 Pitfalls in the RA Process Failing to engage students with mental health and medical disabilities in the interactive process Considering case management supports as accommodations Entering accommodation plans that all look similar (i.e., contain primarily testing accommodations) Providing TABE accommodations not supported by student’s existing documentation Not implementing the accommodation plan that exists in CIS or implementing the accommodations in other areas of the center beyond academics or testing Failing to engage applicants or students in the interactive process if they didn’t request an accommodation but provided documentation of their disability

44 Upcoming webinars! Coming February 23 & 25, 2016! 11 am ET and 3 pm ET Upcoming Webinars! LD 300 Part3 of a 3 Part Webinar Series on Learning Disabilities ​ Diane Fairchild Humanitas Disability Consultant

Job Corps Disability Website 45

Job Corps Health & Wellness Website 46

Job Accommodation Network 47

48 Thank you for attending! Questions?