Facts on the ADA Accommodations and Disability

The Instructor Series:Accommodating Students with Disabilitiesin Post-Secondary Environments<strong>Facts</strong> on the ADA,Accommodationsand DisabilityUniversity of Kansas Center for Research on LearningDivision of Adult StudiesSean LancasterDaryl MellardMelissa KruegerUniversity of Kansas Center for Research on LearningDivision of Adult Studies

The Instructor Series:Accommodating Students with Disabilitiesin Post-Secondary EnvironmentsThis booklet is part of a three-part series designed to help college facultyand instructors understand their role in the educational accommodationprocess. Other booklets in this series include:• Accommodating Students with Disabilities in the Classroom• Accommodating for Disabilities Outside the ClassroomUniversity of Kansas, Center for Research on LearningDivision of Adult StudiesJoseph R. Pearson Hall1122 West Campus Rd., Room 521Lawrence, KS 66045-3101785.864.4780This document is available in alternate formats upon request. Please contact theDivision of Adult Studies for more information.Notice: This document was created using the definitions andregulations from the Americans with Disabilities Act of 1990. TheADA Amendments Act was passed in 2008 to address differentinterpretations of what constitutes a disability under the originalact, stressing a broad scope of protection under the law. See http://www.jan.wvu.edu/bulletins/adaaal.htm for more information.This document was supported in whole or in part by the U. S. Department of Education, Office of Special Education Programs,(Cooperative Agreement No. H324M980109). However, the opinions expressed herein do not necessarily reflect the policy or positionof the U. S. Department of Education, Office of Special Education Programs, and no official endorsement by the Department shouldbe inferred Note: There are no copyright restrictions on this document: however, please credit the source and support of federal fundswhen copying all or part of this material. This document is also available on the web for printing at: http://das.kucrl.org/iam.html9/02

“I don’t want to be classified asdisabled…I want to be included as anormal student.”A student with a head injuryAm I expected to become an expert ondisabilities?No. The college has other staff withexpertise in verifying disabilities anddetermining academic accommodations.Many resources are available to assistfaculty and staff. The staff at the DisabilitySupport Services office are willing and ableto work collaboratively with you in orderto ensure that all aspects of your collegeare inviting, welcoming and inclusive ofstudents with disabilities.Introduction to the Americans withDisabilities ActThe Americans with Disabilities Act (ADA),landmark civil rights legislation, wasenacted in 1990. ADA’s purpose is toensure that people with disabilities aregranted equal access to employment, publicservices, places of publicaccommodation, transportation, andtelecommunications.Title II of the Americans withDisabilities Act prohibits discriminationagainst people with disabilities by publicentities. These provisions includepublicly funded educational institutionssuch as universities, colleges, andtechnical schools. Privately fundededucational institutions are subject to similarnon-discrimination requirements underTitle III of the Act and employers are coveredunder Title I.The prohibition against discrimination isvery broad and encompasses all theprograms, activities, and services that yourinstitution provides.In general the Act requires…that people with disabilities have an equalopportunity to benefit from or participate inyour services.A major thrust of the ADA is to ensure thatpeople with disabilities gain access to themainstream of American society. Accessto education is one key toopening the doors of mainstream societyto people with disabilities.One way a college strives to ensure thatpeople with disabilities have equal accessis by providing accommodations forqualified people with disabilities.Accommodations are a necessary part ofmeeting the requirements of the ADA. Thecollege’s obligation to provide accommodationsextends to prospective and enrolledstudents, employees,members of the public who may wish toattend public events or activitiessponsored by the college, and to any otherindividual who is eligible to attend, enrollin or benefit from thecollege’s programs, services or activities.This bulletin will focus specifically onaccommodations for students withdisabilities.Accommodations for StudentsAccommodations are a means of providingqualified students with disabilities a similaropportunity to benefit from their educationalexperience as their non-disabledcounterparts.<strong>Facts</strong> on ADA, Accommodationsand Disability

The obligation to provide accommodationsfor students with disabilities is not a newconcept. Most publicly funded educationalinstitutions have been subject to similarobligations for many years under theRehabilitation Act of 1973. Whether youhave been aware of it or not, your collegehas probably been providing some typeof accommodations for students withdisabilities for quite some time.During the 1995-96 academic year, six percentof first year students reported havinga disability that affected hearing, speech,mobility or vision, but that number isincreasing. In fact, current reports suggestthat 1 out of 11 college students havereported that they have a disability (U.S.Dept. of Education, 1999). Not every studentwith a disability will be eligible foror need an accommodation. However,as more students with disabilities enrollin post-secondary education, the need foraccommodations will increase.• Changes to a classroom environmentor task that permit a student with adisability to participate in theeducational process,• Removal of architectural barriers,Modifications to policies, practices orprocedures,• Provision of auxiliary aids andservices, and• Other adaptations or modificationsthat enable a student to enjoy thebenefits and privileges of the college’sprogram, services and activities.Accommodations do not lower academicstandards or compromise theintegrity of an academic program.Academic, conduct and technicalstandards will always be maintained.Accommodations are provided at no costfor eligible students. Eligibility for accommodationsis discussed on page 6.What is an Accommodation?An accommodation is a legallymandated modification or service that givesa student with a disability an equal opportunityto benefit from the educational process.It may be useful to think of accommodationsasadjustments to how things are normallydone.The Accommodations ProcessTypically the accommodation processstarts when a student contacts the DisabiitySupport Services (DSS) office or aninstructor and makes a request for adisability related accommodation. If astudent asks you for an accommodationand has not had his or her disabilityverified by DSS you should refer thestudent to DSS.From one perspective, accommodations canbe grouped into the followingcategories:<strong>Facts</strong> on ADA, Accommodationsand Disability

Flow Chart of the Accommodations Process1Student makes contact withDisability Support Servicesand asks for accommodations.2Student may have to provideDisability Support Serviceswith recent, professional documentationof disability.3Disability Support Services andstudent determine accommodationsand instructor(s) will beconsulted when necessary.4Disability Support Servicesprepares form or letter statingapproved accommodations.5Letter from Disability SupportServices is provided toinstructor.6Accommodations are provided.7tionsStudent and Disability SupportServices evaluate accommodawithinput from instructor.<strong>Facts</strong> on ADA, Accommodationsand Disability

Accommodation ResponsibilitiesDisability Student Services (DSS)StudentsInstructorPublicize how to requestaccommodationsMaintain written procedures forhandling accommodationsVerify student’s disabilitiesImplement IndividualAccommodations Model inconsultation with student andinstructorApprove accommodationsLead role in arranging andproviding accommodations in atimely mannerRespect and maintain a student’sright to privacy about disabilityinformation and accommodationsRegister with DSSProvide professional documentation ofdisabilityRequest accommodationsWork cooperatively with DSS todetermine and implementaccommodationsBe prepared! Request accommodationsas far in advance as possibleMaintain the academic and conductstandards of the collegeComply with the college’s policiesand procedures for providingaccommodationsNotify students that accommodationsare available. This is achieved byputting accommodation informationon the class syllabus and/or byannouncing it during classSet and enforce academic and courseconduct standardsDetermine essential elements of thecourse or programCollaborate with student and DSS inarranging and providingaccommodationsPermit the use of approved accommodationsMaintain the academic and conductstandards of the collegeRespect and maintain a student’sright to privacy about his or herdisability<strong>Facts</strong> on ADA, Accommodationsand Disability

Types ofAccommodationsHere is a list of commonly providededucational accommodations.• Sign language interpreters• Note takers or scribes• Tape recorders• Test taking accommodations, such as-giving exams in alternative formats(e.g., giving a written exam orally, orchanging the way answers are recorded);-extending the time allowed;-permitting use of a dictionary or spellchecker (unless test is designed to measure spelling ability);-providing quiet room for test taking inorder to decrease auditory or visualdistractions;-repeating instructions.• Assistive listening devices• Removal of architectural barriers-adapting a dorm room to meet the needsof a student who uses a wheelchair-installing better lighting in classrooms toassist students with low vision• Course substitutions and waivers• Written materials in alternative formatssuch as large print, Braille,computerdiskette, or audiotape readersRather than provide all theseaccommodations, why don’t we createspecial programs for students withdisabilities?The ADA does not prohibit special orsegregated programs designed just to meetthe needs of students with disabilities.However, they are generally not the bestway to meet the intent of the ADA, whichis to integrate people with disabilities intomainstream society. When students leavecollege they need to be prepared to succeed<strong>Facts</strong> on ADA, Accommodationsand Disabilityin the work world. Integrated classroomsprepare all students, both with and withoutdisabilities for the challenges they will face.It is important to note that if specialprogramming is offered, a college muststill permit qualified students withdisabilities to attend the regular programs.The college must also continue to provideaccommodations for students withdisabilities in the regular program.What types of accommodations willnot be provided?• Personal devices such as wheelchairs, hearingaids or glasses.• Personal services such as assistance witheating, toileting or dressing will not be provided.• Accommodations that would fundamentallyalter the nature of a program will notbe provided.• Accommodations which lower or substantiallymodify academic or program standardswill not be provided.• Accommodations that are undulyburdensome, administratively orfinancially.• An accommodation can be denied onlyafter alternative methods of providingthe requested accommodation have beenexplored. The right to reject an accommodationas unduly financially burdensomeis reserved for:Is the college required to provideindividual tutoring for students withdisabilities?No. Individual tutoring is not a required

accommodation. Tutoring is considereda personal service and the law does notrequire a school to provide students withpersonal services. However, if a collegeprovides tutoring or services such as mathor writing labs for non-disabled students,students with disabilities must have thesame access to these services as nondisabledstudents.Who is eligible for anaccommodation?A student must meet two criteria to be eligiblefor an accommodation. First, the studentmust meet the essential orrequisite eligibility requirements of the program,service or activity in which he or shewishes to participate with orwithout an accommodation. This meansthat the student must meet the requisiteeligibility requirements in spite of his orher disability. Second, the student musthave a documented disability as definedby the Americans with Disabilities Act orthe Rehabilitation Act.What is a disability underthe ADA?Disability is defined as any physical ormental impairment that substantially limitsone or more major life activities such ascaring for oneself, performing manual tasks,walking, seeing, hearing, speaking, breathing,learning, or working. “Substantiallylimited” generally means that a person isunable to perform a major life activity thatthe average person in the general populationcan perform. Mitigating or correctivemeasures such as medication, or correctivelenses may be considered when determiningwhether a person is substantially limited.<strong>Facts</strong> on ADA, Accommodationsand DisabilityThe ADA also prohibits discriminationagainst individuals who have a record orhistory of being substantially impaired andindividuals who are regarded as havingsuch impairments.At each college a designated staff decideswhether a student meets the definitionof disability under the ADA requires.Persons are not entitled to protection ofthe ADA simply because they have beendiagnosed with a disability. The disabilitymust substantially limit their ability toperform major life activities. Thus, thisdisability determination process is on a caseby-casebasis.A college cannot set-up predeterminedcategories of what types of disabilities willbe accommodated and what types will not.To help you understand the potential scopeof covered disabilities a non-exhaustive listof types of conditions that may be coveredby the ADA includes:• physical, sight, speech orhearing impairments,• epilepsy,• muscular dystrophy,• multiple sclerosis,• cancer, heart diseases,• diabetes,• chronic illnesses,• HIV or AIDS,• psychiatric disabilities,• specific learning disabilities,• mental retardation, and• recovered drug or alcoholaddiction.The college uses the IndividualAccommodations Model to determineappropriate and effective academicaccommodations. The model provides aresearch-based method for selectingaccommodations that are based on astudent’s needs, strengths, and goals.

How Are AccommodationsSelected?After a student’s disability has beenverified, a DSS staff person meets withthe student discuss what types ofaccommodations may be needed. The“Accommodations Interivew” is oneprocedure for helping determineappropriate accommodation strategies. The“Accommodations Interview” is includedin the IAM booklet, Ensuring AppropriateAccommodations for Students with Disabilities.The needs assessment considers thesetting in which the accommodation will beprovided, the characteristics of thestudent’s disability, the student’s goals andneeds, and the college’s legal rights andresponsibilities. Based on the results of thefunctional needs assessment and relevantmedical or psychological tests, DSS willapprove the use of specificaccommodations.Only accommodations that specifically addressidentified functional limitations caused bystudent’s disability will be approved by DSS.Often times more than one way is availableto accommodate a student’s needs. Thelaw requires that students be providedwith effective accommodations, not thebest or most expensive accommodation.Consideration will be given to the student’spreferred choice of accommodations.However, the college reserves the right toreject a student’s choice in lieu of anotheraccommodation provided it is an effectivealternative. In addition, the college isnot required to provide accommodationsthat are unduly burdensome or that wouldfundamentally alter an educationalprogram.A student with a disability must make<strong>Facts</strong> on ADA, Accommodationsand Disabilityhis or her accommodation needs known.Thus, the student is generally responsiblefor initiating the accommodation process.However, when faculty and staff are awareof a student’s disability and suspect thatan accommodation is needed, they shouldrefer the student to DSS for assistance.Communicating With and AboutPeople with DisabilitiesThe Americans with Disabilities Act (ADA),other legislation, and the efforts of many disabilityorganizations have begun to improveaccessibility in buildings, increase access toeducation, open employment opportunities,and develop realistic portrayals of personswith disabilities in television programmingand motion pictures. However, more progressneeds to be made. Many people stillview persons with disabilities as individualsto be pitied, feared, or ignored. Theseattitudes may arise from discomfort withindividuals who are perceived to be differentor simply from a lack of information.Listed on the following pages are some suggestionson how to relate and communicatewith and about people with disabilities.We must look beyond the disability and lookat the individual’s ability and capability--the things that make each of us unique andworthwhile.WordsPositive language empowers. Whenwriting or speaking about people with disabilities,the person first. Group designationssuch as “the blind,” “the deaf” or “thedisabled” are inappropriate because theydo not reflect the individuality, equality, ordignity of people with disabilities. The nextpage provides some examples of positiveand negative phrases. Note that the positivephrases put the person first.

Negative Phrasesretarded, mentally defectivethe blindthe disabled, handicappedsuffers a hearing loss, the deafafflicted by MSCP victimepilepticconfined or restricted to a wheelchairstricken by MDcrippled, lame, deformednormal person (implies that the person witha disability isn’t normal)dumb, mutefithas overcome his/her disability;courageous (when it implies the person hascourage because of having adisability)crazy, nutsthe deinstitutionalizedadmits she has a disabilityAffirmative Phrasesperson with mental retardationperson who is blind, person who isvisually impairedperson with a disabilityperson who is deaf, person who is hardof hearingperson who has multiple sclerosisperson with cerebral palsyperson with epilepsy, person withseizure disorderperson who uses a wheelchairperson who has muscular dystrophyphysically disabledperson without a disabilityunable to speak, uses synthetic speechseizuresuccessful, productiveperson with psychiatric disabilityperson who no longer lives in aninstitutionsays she/he has a disability<strong>Facts</strong> on ADA, Accommodationsand Disability

ActionsOutlined below are the “TenCommandments of Etiquette forCommunicating with People withDisabilities” to help you in communicatingwith persons with disabilities.1. When talking with a person with adisability, speak directly to that personrather than through a companion or signlanguage interpreter.2. When introduced to a person with adisability, it is appropriate to offer to shakehands. People with limited hand use orwho wear an artificial limb can usuallyshake hands. (Shaking hands with the lefthand is an acceptable greeting.)3. When meeting a person who is visuallyimpaired, always identify yourself andothers who may be with you. Whenconversing in a group, remember to identifythe person to whom you are speaking.4. If you offer assistance, wait until theoffer is accepted. Then listen to or ask forinstructions.5. Treat adults as adults. Address peoplewho have disabilities by their first namesonly when extending the samefamiliarity to all others. (Neverpatronize people who use wheelchairs bypatting them on the head or shoulder.)6. Leaning on or hanging on to aperson’s wheelchair is similar to leaning onhanging on to a person and is generallyconsidered annoying. The chair is part ofthe personal body space of the person whouses it.person to finish, rather than correcting orspeaking for the person.If necessary, ask short questions thatrequire short answers, a nod or shake ofthe head. Never pretend to understandif you are having difficulty doing so.Instead, repeat what you haveunderstood and allow the person torespond. The response will clue you andguide your understanding.8. When speaking with a person whouses a wheelchair or a person who usescrutches, place yourself at eye level infront of the person to facilitate theconversation.9. To get the attention of a person whois deaf, tap the person on the shoulderor wave your hand. Look directly at theperson and speak clearly, slowly, andexpressively to determine if the personcan read your lips. Not all people who aredeaf can read lips. For those who do lipread, place yourself so that you face thelight source and keep hands, cigarettesand food away from your mouth whenspeaking.10. Relax. Don’t be embarrassed if youhappen to use accepted, commonexpressions such as “See you later,” or“Did you hear about that?” that seemsto relate to a person’s disability. Don’tbe afraid to ask questions when you’reunsure of what to do.7. Listen attentively when you’retalking with a person who has difficultyspeaking. Be patient and wait for the<strong>Facts</strong> on ADA, Accommodationsand Disability

The information for parts of this bulletin camefrom three sources: The President’s Committeeon Employment of People with Disabilities;Guidelines to Reporting and Writing AboutPeople with Disabilities, produced by the MediaProject, Research and Training Center onIndependent Living, 4089 Dole, Universityof Kansas, Lawrence, KS 66045; and TenCommandments of Etiquette for Communicatingwith People with Disabilities, National Centerfor Access Unlimited, 155 North Wacker Drive,Suite 315, Chicago, IL 60606.Resources on DisabilitiesAHEADThe Association on Higher Education andDisability (AHEAD) is aninternational, organization promoting excellencethrough education,communication and training. Founded in1977, AHEAD addresses the need andconcern for upgrading the quality of servicesand support available topersons with disabilities in highereducation.(614) 488-4972http://www.ahead.org/National Rehabilitation InformationCenter (NARIC)Complete literature collection, includingcommercially published books, journal articles,and audiovisuals, averages around 200new documents per month. Serves anyone,professional or lay person, who is interestedin disability and rehabilitation, includingconsumers,family members, healthhttp://www.naric.com/National Health Information Center(NHIC)The National Health Information Center isa health information referral service. NHICputs health professionals andconsumers who have health questions intouch with those organizations that are bestable to provide answers. Theymaintain an extensive database of resourceson virtually all disabling healthconditions.(800) 336-4797http://nhic-nt.health.org/<strong>Facts</strong> on ADA, Accommodations 10and Disability

Additional ResourcesAlzheimer’s Association800 272-3900 www.alz.orgAmerican Association on MentalRetardation800 424-3688 www.aamr.orgAmerican Autoimmune RelatedDiseases Association800 598-4668 www.aarda.orgAmerican Cancer Society800 227-2345 www.cancer.orgAmerican Council for the Blind800 424-8666 www.acb.orgAmerican Diabetes Association800 232-3472 www.diabetes.orgAmerican Foundation for the Blind800 232-5463 www.afb.orgAmerican Lung Association800 586-4872 www.lungusa.orgAmerican Parkinson’s DiseaseAssociation800 223-2732 www.apdaparkinson.comAmerican Speech-Language-HearingAssociation800 638-8255 www.asha.orgAmyotrophic Lateral Sclerosis (ALS)Association800 782-4747 www.alsa.orgArthritis Foundation800 283-7800 www.arthritis.orgAutism Society of America800 328-8476 www.autism-society.orgCrohn’s and Colitis Foundation ofAmerica800 343-3637 www.ccfa.orgCystic Fibrosis Foundation800 344-4823 www.cff.orgEpilepsy Foundation of America800 332-1000 www.efa.orgHuntington’s Disease Society ofAmerica800 345-4372 www.hdsa.orgImmune Deficiency Foundation800-296-4433www.primaryimmune.orgInternational Dyslexia Association800 222-3123 www.interdys.orgLearning Disabilities Association ofAmerica888-300-6710 www.ldanatl.orgLupus Foundation of America800 558-0121 www.lupus.orgMultiple Sclerosis Foundation800 441-7055 www.msfacts.orgMuscular Dystrophy Association800 572-1717 www.mdausa.orgNational AIDS Clearinghouse800 342-2437 www.cdcnpin.orgNational Alliance for the Mentally Ill800 950-6264 www.nami.orgAsthma and Allergy Foundation ofAmerica800 727-8462 www.aafa.orgNational Attention Deficit DisorderAssociationwww.add.org<strong>Facts</strong> on ADA, Accommodations 11and Disability

National Center for Disability Services800 949-4232 www.ncds.orgNational Center for Stuttering800 221-2483 www.stuttering.comNational Clearinghouse for Alcohol andDrug Information800 788-2800 www.health.orgNational Down Syndrome Congress800 232-6372 www.members.carol.net/ndscNational Down Syndrome Society800 221-4602 www.ndss.orgNational Easter Seal Society800 221-6827 www.easter-seals.orgNational Head Injury Foundation800 444-6443 www.nhif.orgNational Organization for RareDisorders800 999-6673 www.rarediseases.orgNational Spinal Cord Injury Hotline800 526-3456 www.scihotline.orgNational Sexually Transmitted DiseaseHotline800 227-8922 www.ashastd.orgNational Stroke Association800 787-6537 www.stroke.orgSpina Bifida Association800 621-3141 www.sbaa.orgTourette’s Syndrome Association800 237-0717 tsa.mgh.harvard.eduUnited Cerebral Palsy800 872-5827 www.ucpa.orgNational Health Information Center800 336-4797 nhic-nt.health.orgNational Institute on Deafness and OtherCommunication Disorders800 241-1044 www.nih.gov/nidcdNational Institute of Mental HealthInformation Line800 647-2642 nimh.nih.govNational Kidney Foundation800 622-9010 www.kidney.orgNational Mental Health Association800 969-6642 www.nmha.orgNational Neurofibromatosis Foundation800 323-7938 www.nf.org<strong>Facts</strong> on ADA, Accommodations 12and Disability