Accommodations for Disabilities

1. Accommodations for Disabilities Dr. Teresa Dombrowski Dean of Students Midwestern University, Downers Grove

2. Disability Laws in Higher Education • Section 504-Rehabilitation Act of 1973 • In 1973, Congress passed Section 504 of the Rehabilitation Act of 1973 (Section 504), a law that prohibits discrimination on the basis of physical or mental disability (29 U.S.C. Section 794). It states: • No otherwise qualified individual with a disability in the United States. . . shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . . .

3. Universities could no longer: • Limit the number of otherwise qualified students admitted that have a disability • Make pre-admission inquiries as to whether an applicant has a disability • Exclude an otherwise qualified student with a disability from any course of study • Provide less financial assistance to students with disabilities than is provided to other students, or limit eligibility for scholarships on the basis of disability • Counsel students with disabilities into more restrictive career paths based solely on their disability • Measure student achievement using modes that adversely discriminate against a student with a disability • Establish rules and policies that have the effect of limiting participation of students with disabilities in educational programs or activities

4. The American with Disabilities Act of 1990 • ADA extends anti-discrimination legislation to all institutions of higher education regardless of whether or not the institution receives federal funds. It provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local governmental services, and telecommunications. The Americans with Disabilities Act of 1990 prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

5. The ADA covers a wide range of disability, from physical conditions affecting mobility, stamina, sight, hearing, and speech to conditions such as emotional illness and learning disorders.  • The act contains five titles; Titles II through V apply specifically to students who attend post-secondary educational institutions. Title I pertains to the workplace

6. Americans with Disabilities Act • The ADA was amended in 2008. The amendments did the following: • Revised the definition of “disability” to more broadly encompass impairments that substantially limit a major life activity. • a physical or mental impairment that substantially limits one or more major life activities of such individual; • a record of such an impairment; or • being regarded as having such an impairment • “The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Act, to the maximum extent permitted by the terms of this Act.”

7. Broadened the category of major life activities. • Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. • A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

8. Clarified coverage of impairments that are episodic or in remission that substantially limit a major life activity when active, such as epilepsy or post traumatic stress disorder. • Stated that mitigating measures, including assistive devices, auxiliary aids, accommodations, medical therapies and supplies (other then eyeglasses and contact lenses) have no bearing in determining whether a disability qualifies under the law. • Rejected the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures

9. What didn’t change • Fundamental Concept--Nothing in this Act alters the provision specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved.

10. there has been an increase in the number of students with diagnosed disabilities • As many as 3 out of every 100 people in the country have an intellectual disability (The Arc, 2001). Nearly 614,000 children ages 3 to 21 have some level of intellectual disability and need special education in school (Twenty-sixth Annual Report to Congress, U.S. Department of Education, 2006). In fact, 1 out of every 10 children who needs special education has some form of intellectual disability.

11. As many as 1 out of every 5 people in the United States has a learning disability. Almost 3 million children (ages 3 through 21) have some form of a learning disability and receive special education in school. In fact, over half of all children who receive special education have a learning disability. (Twenty-sixth Annual Report to Congress, U.S. Department of Education, 2006).

12. In the 2000-2001 school year, 473,663 children and youth with an emotional disturbance were provided special education and related services in the public schools (Twenty-fourth Annual Report to Congress, U.S. Department of Education, 2002). 

15. At many Chicago public schools, no students got accommodations. New Trier, Oak Park and River Forest High School in west Cook County and Lake County's Stevenson High School had the most students who tested with accommodations and posted scores in the 30sOverall, more than 15,000 11th-graders in public schools — more than 10 percent of almost 146,000 tested — got special accommodations.Nationally, 5 percent of the exams were taken with accommodations in 2010-11, according to ACT, compared with 3.5 percent in 2007-08, officials said."Double time on the ACT is like a dream," said Jed Appelrouth, whose Atlanta-based tutoring firm assists students in the Georgia, New York and Washington areas. "In my experience, every time (students) get extra time, they do better." Many Illinois high school students get special testing accommodations for ACTApril 29, 2012|By Diane Rado, Chicago Tribune reporter

16. There has been an increase in the number of students reaching higher education who require accommodations • Today, there are more students with documented disabilities in higher education than ever before -- 140,142 freshmen reported having a disability in 1996 (HEATH Resource Center, 1998). That figure represents over 9% of all freshmen (HEATH Resource Center, 1998), as compared with only 2.6% in 1978 (HEATH Resource Center, 1995).

17. How Colleges and Universities have responded • Many colleges and universities have responded by making their requirements for supporting documentation of a disability more rigorous by defining in specific terms the qualifications of individuals who are qualified to make a diagnosis of a disability, and requiring use of specific criteria outlined in the DSM-IV for diagnosis of certain disabilities. The two categories where the criteria have generally become much more rigid are ADHD and pervasive development disorders, such as Asperger’s syndrome. Many Universities have also moved modifications for temporary medical conditions into a separate, non-disability category.

18. Many agencies involved in administration of certification/licensing/board exams now have very specific and detailed requirements for the application for accommodations.

19. Clinical Psychology • DISABILITY ACCOMMODATIONS • The Board encourages qualified individuals with disabilities to apply for Specialty Board status. The Board recognizes that these individuals may encounter unusual difficulties and will make efforts to provide reasonable accommodations for these applicants. The Board will consider individual requests for accommodations by qualified applicants with disabilities. A qualified individual with disabilities can request reasonable accommodation, must formalize the request with the Board, and support the request with documentation confirming a need for reasonable accommodation and the basis of the need. At the request of the Board, applicants with special needs should be ready to document the need consistent with the applicable guidelines, and assist the Board in developing reasonable accommodations, as necessary. In its sole discretion, the Board will either grant or deny the request based on applicable guidelines. General procedures and individual case-by-case guidelines will also be developed.

20. Occupational Therapy

21. What has MWU done? • Two years ago, we radically modified our policies, especially in the area of supporting documentation. The documentation requirements are more specific, and delineate who is eligible to provide supporting documentation for a disability.

22. Disability Policy Midwestern University is committed to providing reasonable accommodations to students with documented disabilities. Toward this end, Midwestern University policies and procedures ensure that students with a disability will not, on the basis of that disability, be denied full and equal access to academic and co-curricular programs or activities or otherwise be subjected to discrimination under programs offered by the University. To ensure full implementation, three important areas have to be considered: 1. The right of the University to set and maintain standards for admitting and evaluating the progress of students. 2. The right of the student with a disability to be included on the basis of criteria that does not unfairly discriminate because of the disability. 3. The right of the faculty to establish and monitor standards of academic performance and to assess content domains.

23. Rights • To establish technical standards for admission of students into MWU programs. • Maintain University’s academic standards. • Request current documentation from a student completed by an appropriate professional source to verify the need for reasonable accommodations, academic adjustments, and/or auxiliary aids. • Discuss a student’s need for reasonable accommodations, academic adjustments, and/or auxiliary aids with the professional source of his/her documentation with the student’s signed consent authorizing such discussion. • Select among equally effective and appropriate accommodations, adjustments, and/or auxiliary aids in consultation with students with learning disabilities. • Deny a request for accommodations, academic adjustments, and/or auxiliary aids if the documentation fails to verify the need for the requested services, or the documentation is not provided in a timely manner. • Refuse to provide an accommodation, adjustment, and/or auxiliary aids that is/are inappropriate or unreasonable including any that: • Pose a direct threat to the health and safety of others; orConstitute a substantial change or alteration to an essential element of a course program; or,Pose undue financial or administrative burden on the Universityor student. University

24. University • Responsibilities • Ensure that University courses, programs, services, job opportunities, activities, and facilities, when viewed in their entirety, are offered in the most integrated and appropriate settings possible. • Provide information regarding policies and procedures to students with disabilities and assure its availability in accessible formats upon request. • Evaluate students on their abilities, not their disabilities. • Provide to a student reasonable and appropriate accommodations, academic adjustments, and/or auxiliary aids following a timely request. • Maintain appropriate confidentiality of records and communication concerning students with disabilities except where disclosure is required by law or authorized by the student.

25. Student Rights and Responsibilities of StudentsRights • Equal access to courses, rotations, programs, services, jobs, activities, and facilities available through the University. • Reasonable and appropriate accommodations, academic adjustments, and/or auxiliary aids determined on a case-by-case basis. • Appropriate confidentiality of all information pertaining to his/her disability with the reasonable choice of whom to disclose their disability to except as required by law. • Information reasonably available in accessible formats.

26. Student • Responsibilities • Meet the University’s and individual program’s qualifications and essential technical, academic, professional and institutional standards as any other student. • Identify themselves in a timely manner as an individual with a disability when seeking an accommodation. • Provide documentation from an appropriate professional source that verifies the nature of the disability, functional limitations, and the need for specific accommodations. • Follow specific procedures for obtaining reasonable and appropriate accommodations, academic adjustments and/or auxiliary aids. • Have the responsibility to advocate for their own individual needs and to seek information, counsel, and assistance as necessary, and within reason, to be effective self-advocates.

27. Faculty Rights • Identify and establish the abilities, skills, and knowledge that are fundamental to academic programs/courses and to evaluate each student’s performance against these standards. Fundamental program and course standards are not subject to modifications, although a student with a disability is entitled to reasonable accommodations to assist him/her to meet the program/course standards. • Determine which modification/accommodation it will provide the student with the goal of assuring that such modifications/accommodations are effective and to impose reasonable rules for the provision of academic adjustments and auxiliary aids.

28. Faculty • Responsibilities • Has the responsibility to make reasonable modifications for a student with a disability with respect to the adaptation of the manner in which specific courses are conducted. • Select and administer tests used to evaluate students so as to best ensure that test results accurately reflect aptitudes or competencies and do not discriminate against a student with a disability. Tests designed to measure specific skills related to fundamental standards are allowable even when those skills are impacted by the disability. • Has the responsibility to evaluate students in a nondiscriminatory manner.

29. Appeal Process Following notification of a decision from the Dean of Students, a student may appeal the decision. He or she has 7 working days to submit a formal written appeal of the decision to the appropriate college dean. The appeal must be submitted in writing and delivered to the Office of the Dean of the appropriate college within this 7-day period. The request should be accompanied by a narrative explaining the basis for the appeal. An appeal must be based on one of the following premises: • Bias of one or more staff or faculty members involved in the decision; • Material or documentable information not available to the involved faculty and staff at the time of the initial decision; and/or • Procedural error The Dean will make a decision on the validity of the appeal. If a student is not satisfied with the decision of the Dean, the student appealing may request a personal meeting with the President or her/his designeein accordance with the appeal process stated in Appendix 2, Section 4C of the MWU Student Handbook.

30. Accommodations for Learning or Medical Disabilities • Contact persons: Dr. Teresa Dombrowski/ Dr. Ross Kosinski • Detailed procedure/forms outlined in Student Handbook • Students must fill out an application and submit current supporting documentation • Student Services will notify departments involved of approved accommodations • If approved, it is the student’s responsibility to arrange their accommodations with each chair/course director, and to contact Student Services if the accommodations are not appropriate

31. Accommodations for Learning or Medical Disabilities • Accommodations should only be granted through the appropriate channels. Faculty should never grant accommodations without documentation. • Each quarter, students receive a copy of the letter sent to the faculty. At the beginning of the year, the student also receives notice of their rights and responsibilities • Students have to renew their requests annually. Some types of disabilities (medical, psychological) require new documentation every year. • Students have to request, but only once/course. You should not approach them about accommodations. • You should follow the recommendations as written. If there is a problem, please contact Student Services.

32. Accommodations for Learning or Medical Disabilities-Changes for students Students no longer are given a ‘distraction free’, ‘private room’ or ‘quiet separate room’. Everyone is given a ‘reduced distraction environment’. This statement is also included in every student’s letter of rights and responsibilities: Just as a point of clarification, a reduced-distraction environment does not mean that the room will be completely silent. Students who are sensitive to the ambient noise of a reduced distraction environment are advised to utilize noise reduction devices such as ear plugs or head phones.

33. Accommodations for Learning or Medical Disabilities-Changes on Form Please indicated which what accommodations and/or services you are requesting: ____ extra time on timed examinations and/or quizzes ____ extra time on in-class assignments ____ provisions to take examinations and/or quizzes in a reduced-distraction room* ____ audiotape recording of lectures ____ notetaker services ____ amplification device ____ signer/translator ____ front row access in classes with assigned seating ____ other accommodations will be considered as presented, specify:____________________________________ *A reduced-distraction room does not mean that the room will be completely silent, only that there will be less distractions than those found in a normal testing environment. There will be environmental noise. If you are very sensitive to environmental noise, you should consider wearing a noise reduction device such as ear plugs. The reduced-distraction environment may be within the Testing Center, or at some other location determined by the course director. There may be other students in the room with you.

34. Accommodations for Learning or Medical Disabilities-Changes on Form Students must sign this statement: Per the Disability Policy in the Student Handbook, I understand that students receiving accommodations for a disability “have the responsibility to advocate for their own individual needs and to seek information, counsel, and assistance as necessary, and within reason, to be effective self-advocates.” I understand that it is my responsibility to notify faculty and staff promptly if my accommodations are not adequate, and to request modifications from the Disability Committee. I also understand that I will not be granted accommodations that are not supported by the documentation I have submitted from my health care provider, do not meet the standard of a reasonable accommodation, or which cause the University undue hardship or require fundamental alteration of academic standards. _________________________________________ ______________ Signature of Student Date

39. How does this affect faculty? • From the faculty perspective, the new policy does not alter their relationship with the ADA. Faculty should cooperate with students who have qualify for accommodations if the student requests their accommodations. The student must still request to use their accommodations in a reasonable manner. • Student accommodations should not alter the basic foundation of the educational program. What you can expect, however, is a greater expectation of creativity in accommodating disabled students while still maintaining educational standards • Do not grant accommodations without going through the proper process. The Student Handbook outlines the policies for applying for disability accommodations.

40. http://www.ahead.org/

41. Temporary Medical Conditions Student Services will provide assistance to students who experience temporary medical conditions that interfere with their ability to fully participate in their academic program. Examples of temporary conditions include, but are not limited to, broken bones, hand or back injuries, short term impairment following surgery or other medical procedures or nursing after pregnancy. Documentation may be required from a health care provider to support the student’s request. The manner and type of assistance will be determined in consultation with the faculty of the student’s program of study. Students with temporary medical conditions are still required to meet the educational and technical standards of the University and their program. If a student is not able to meet the educational and technical standards with reasonable assistance, the student will be placed on medical leave of absence. 

42. New Policy – Medical Conditions 1 These are not accommodations and are specifically not referred to as accommodations. Forms are available in Student Services. Please identify your temporary medical condition. Describe how your condition affects you as a student. Please indicated which what assistance and/or services you are requesting. ____ extra time on timed examinations and/or quizzes ____ extra time on in-class assignments ____ provisions to take examinations and/or quizzes in a quiet, separate room ____ audiotape recording of lectures ____ notetaker services ____ front row access in classes with assigned seating ____ parking ____ transport around campus ____ housing (Residence Life) ____ Nursing Room for pumping* ____ other accommodations will be considered as presented, specify:____________________________________]

43. Questions?