1. 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
UD Workshop Nov LCIRT

2. 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. §§ )
Applies to any postsecondary institution receiving federal funds
UD Workshop Nov LCIRT

3. 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 LCIRT

4. Determining Academic Accommodations
UD Workshop Nov LCIRT

5. 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 LCIRT

6. 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 LCIRT

7. 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 LCIRT

8. 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 LCIRT

9. 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 LCIRT

10. 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?
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11. End of Session
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