1. Finding a Way Through: Working with Students with Learning Disabilities September 22, 2011 St. Mary’s University School of Law LSAC: ASP Conference Leah Christensen Associate Professor of Law Thomas Jefferson School of Law, San Diego O.J. Salinas Clinical Assistant Professor of Law University of North Carolina School of Law

2. Is this familiar? "He has the ability, if he just tried harder in my Contracts class, he could do it. He chooses not to do the work." "If she would just pay attention in Legal Writing, she would get it." "After I give the instructions, he sits there and stares at his paper. He is not motivated."

4. How many students have learning disabilities? 1 in 5 people have a learning disability.

5. Learning Disabilities A learning disability, or learning disorder, is not a problem with intelligence. Caused by a difference in the brain that affects how information is received, processed, or communicated. Students with learning disabilities have trouble processing sensory information because they see, hear, and understand things differently. Depending on the particular learning disability, students may struggle with reading, writing, speaking, and mathematical problems.

6. DSM-IV Terminology The Diagnostic and Statistical Manual of Mental Disorders (“DSM-IV”) is the tool that psychiatrists, psychologists, and professional counselors use to diagnose mental illness and other disabilities and disorders. Many of the reports that students will use to help establish the right to accommodations for a learning disability may be written by professionals who use the DSM-IV. Helpful to be familiar with some of the DSM-IV language.

7. DSM-IV Categories The DSM-IV categorizes learning disabilities into four parts: 1. Reading Disorder Example: Dyslexia - Impairment of the ability to recognize/comprehend written words. 2. Mathematics Disorder Example: Dyscalculia - Impairment of the ability to solve mathematical problems. 3. Disorder of Written Expression Example: Dysgraphia - Impairment of the ability to write. 4. Learning Disorder Not Otherwise Specified Example: Dyspraxia - Impairment in the control of the motor system.

8. DSM-IV Diagnosis “Learning Disorders are diagnosed when the individual’s achievement on individually administered standardized tests in reading, mathematics, or written expression is substantially below that expected for age, schooling, and level of intelligence. The learning problems significantly interfere with academic achievement or activities of daily living that require reading, mathematical, or writing skills.”

9. Other Disorders that can Impact Learning Not technically learning disabilities. They may be considered an “other health impairment” under the IDEA and the Rehabilitation Act. Pervasive Developmental Disorders (Autistic Spectrum Disorders) Neuro-developmental disorder characterized by impaired social interaction and communication, and by restricted and repetitive behavior. Autism Asperger’s Syndrome No clinically significant delay in cognitive development and language. Primarily, impaired social interaction.

10. Other Disorders that can Impact Learning ADHD (Attention Deficit Hyperactivity Disorder): Formerly Attention Deficit Disorder (“ADD”) Persistent pattern of inattention and/or hyperactivity- impulsivity that is more frequently displayed and is more severe than is typically observed in individuals at comparable level of development. Three subtypes: ADHD Predominantly Inattentive Type (at least 6 out of 9 inattentive symptoms) ADHD Predominantly Hyperactive-Impulsive Type (at least 6 out of 9 hyperactive-impulsive symptoms) ADHD Combined Type (more than 6 symptoms from both inattentive and hyperactive-impulsive)

11. Learning Disabilities v. Intellectual Disabilities Learning disabled students DO NOT lack intellectual or cognitive ability. There is a gap between a learning disabled student’s potential to learn and his demonstrated ability to complete a particular task, such as reading or writing. For learning disabled students, “the condition, manner, and duration in which [they] perform[] the activity” varies from the general public. Nancy Mather et al., The Curse of High Stakes Tests and High Abilities: Reactions to Wong v. Regents of the University of California, 13 L EARNING D ISABILITIES 139, 141 (2005).

12. Main Laws IDEA: Provides for special education and related services for students with disabilities who need such education and services by reason of their disabilities. The IDEA provides for a Free Appropriate Public Education (FAPE) and for an Individualized Education Program (IEP). The Rehabilitation Act: most notably Section 504, prohibits discrimination against students with disabilities. The Rehabilitation Act applies to public and private elementary and secondary schools and colleges that receive federal funding. It also applies to employers that receive federal funding.

13. ADA: Prohibits discrimination against students with disabilities and applies to all public and most private schools and colleges, regardless of federal funding. Religiously controlled educational institutions are exempt from coverage. Applies to private employers with fifteen or more employees and to state and local governments.

14. Are you a qualified individual with a disability? Both the ADA and the Rehabilitation Act protect only individuals with disabilities who are otherwise qualified for the service that they seek.

15. The ADA defines a qualified individual with a disability as: “an individual with a disability who, with or without reasonable modifications to rules, polices, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.”

16. Under the ADA, a “disability” is: “[A] physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.” A physical or mental impairment includes “specific learning disabilities” as well as physiological disorders and conditions, disfigurement, anatomical loss, and mental retardation.

17. However, “[m]erely having an impairment does not make one disabled for purposes of the ADA. Claimants also need to demonstrate that the impairment limits a “major life activity.”

18. What are major life activities? Learning, reading, and working, as well as more basic activities such as walking, seeing, hearing, speaking, and breathing. A disability under the ADA is an impairment that “substantially limits” one of these activities by preventing or significantly restricting an individual’s ability to perform the activity. The issue is the impairment’s effect on a specific individual’s ability to perform a major life activity, not merely the diagnosis of impairment.

19. Accommodations? In Class: Notetaking Tape Recording Front Row Seating Reduced Courseload In Exams: Additional Time Private or Semi-Private Rooms

20. Accommodations: Not Typically Granted Requests to Avoid Participating Orally in Class More Time on Writing Assignments

21. Thank you!