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Post-Secondary Education and the Americans with Disabilities Amendments Act (ADAA)

Post-Secondary Education and the Americans with Disabilities Amendments Act (ADAA). Take the Fork Test!. Disability Services Staff Berks Hall, room 209. Tomma Lee Furst Assistant Director for Academic Support Stephanie Giddens Academic Resource Specialist Kym Kleinsmith

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Post-Secondary Education and the Americans with Disabilities Amendments Act (ADAA)

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  1. Post-Secondary Education and the Americans with Disabilities Amendments Act (ADAA) Take the Fork Test!

  2. Disability Services StaffBerks Hall, room 209 • Tomma Lee Furst • Assistant Director for Academic Support • Stephanie Giddens • Academic Resource Specialist • Kym Kleinsmith • Adaptive Technology/Educational Support Specialist • Terry Rowles • Academic Support Specialist

  3. Why should you care about the ADAA law? • We all work together to provide accommodations for SWD • DS staff completes Instructor Memos, but faculty members implement • We all are responsible for following the law • We all could pay the consequences for not following the law • OCR complaint; investigation; lawsuit; any or all parties responsible

  4. ADAA Four-Prongs of Legal Requirements • Is a student otherwise qualified? • Is a student able to meet essential requirements of the curriculum? • Does the student have a documented mental or physical disability? • Does the condition impact a major life activity?

  5. First Prong: Otherwise Qualified • Is the student qualified to enter the program with or without academic accommodations? • Scenario: A student is legally blind and wants to major in a teacher education curriculum • Scenario: A student has a severe math disability, “dyscalculia”, and wants to enter the RN program • Scenario: A student with a severe developmental disability wants to major in Business Management Are these students “qualified” to enter the programs they have selected?

  6. Second Prong: Able to Meet Essential Requirements of the Program • What are the essential academic or performance requirements of a program? • Scenario: An Office Technology student with cognitive processing difficulty has trouble listening to dictated notes and transcribing them quickly. • Can this student meet the essential requirements of the program?

  7. Third Prong: Does the student have a disability? • Is there a physical or mental impairment? • For example: MH, LD (R/W/M), mobility issue, CP, MS, other chronic illness, deaf, blind, autistic, TBI, psychiatric disorder, ADD/HD, etc.

  8. Fourth Prong: Does the disability impact a major life activity? The ADAA defines a major life activity as: Seeing Reading Hearing Reaching Speaking Breathing Walking Talking Concentrating* Thinking* Learning Performing manual tasks Caring for oneself Standing Lifting Bending *new with ADAA A student can have a disability that does NOT impact a major life activity Example?

  9. How do we know if a student: • Has a disability…that • Affects a major life activity? WE NEED PROOF! • It’s all about the documentation

  10. Guidelines for Documentation of a Disability We need documentation that must: • Be current (3 years) • State diagnosis • Name the functional limitation of a daily life activity AND describe how it affects student in school • Be thorough • Be signed by an appropriate professional **Burden of proof lies on the student**

  11. Consider this Scenario… • Please read scenario on handout • Let’s discuss • What would you do?

  12. Disability Services staff verifies a student’s disability and puts accommodations into place. But every student is unique and every course is taught differently. Please share some strategies you have used in the past when working with students with disabilities.

  13. Other questions or comments?

  14. Thank you for taking the Fork Test and learning about the Four Prongs of the ADAA law.

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