Elisabeth Werling, M.Ed Fall 2013

1. Americans with Disabilities Act (ADA):Teaching and Working with College Students with Disabilities Elisabeth Werling, M.EdFall 2013

2. Agenda • AAS Office Overview • Disability Laws • Americans with Disabilities Act • Section 504 of the Rehabilitation Act • Section 508 of the Rehabilitation Act • Accommodations • Process • Letters • Rights & Responsibilities • Instructional Case Studies

3. Office of AccessAbility Services (AAS) Accessibility Eligibility Accommodations

4. AAS Office Details • Staff of AccessAbility Services (AAS) • One full-time Coordinator • One full-time Secretary • Three part-time University Assistants • Serve approximately 400 students with disabilities each semester. • Disabilities include: learning disabilities, anxiety, ADHD, physical disabilities, blind, deaf, and/or other psychiatric disabilities (depression, OCD, bipolar, etc.). • Any student with a documented disability may be eligible to receive accommodations and/or support services from AAS. • Accommodations and support services include: testing accommodations, notetaking services, audio books, academic coaching and/or referrals to other campus and community resources.

5. Legal Backing • The Americans with Disabilities Act Amendments Act of 2008 (ADAAA). • Section 504 of the Rehabilitation Act of 1973. • federal legislation which mandate that reasonable accommodations be provided to qualified students with disabilities. • Disability: a physical or mental impairment that substantially limits one or more major life activities: walking, sleeping, eating, concentrating, learning, and others [3]. • Accommodations required unless they result in a fundamental alteration of the program or examination or results in an undue burden (very hard to prove) [3, 23]. • "Fundamental alteration“ • A "fundamental alteration" is a change that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered.

6. Disability Law

7. Purpose of the Americans with Disabilities Act (ADA) • The ADA is a civil rights statute. • Extends protection to individuals with disabilities against discrimination in the private and public sectors. • Assures that no qualified individual with a disability be excluded from participation in, or be denied the benefits of the services, programs or activities of a public entity. • The ADA provides a clear and comprehensive national mandate for the elimination of disability-based discrimination and the ADA provides clear, strong, consistent, and enforceable standards for addressing discrimination. • Identifies that any individual with an actual impairment may be entitled to a reasonable accommodation if needed and related to the disability.

8. Section 504 of the Rehabilitation Act of 1973 • A civil rights statute. • Prohibits discrimination based upon a documented disability in any program or activity receiving Federal financial assistance. • Anti-discrimination law that requires the needs of students with disabilities to be met as adequately as the needs of the able are met. • Section 504 states that: "No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, 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" [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].

9. Section 508 Standard • Legislation intended to ensure that electronic devices and technology can be accessed and can be used by individuals with disabilities. • Universities must ensure that students with disabilities can access material at “equivalent or greater” ease as other students without disabilities. • General compliance obligation: • Emerging technology must either be fully accessible to individuals with disabilities or accommodations must be provided “to ensure that the benefits of […] the program are provided […] in an equally effective and equally integrated manner.” • Ease of use: • The obligation to provide individuals with disabilities the opportunity “to acquire the same information, engage in the same interactions, and enjoy the same services” does not require “identical ease of use.” • The compliance standard is “substantially equivalent ease of use.”

10. Accommodations

11. Eligibility – AccessAbility Services (AAS) Requirements • Student Role: • Students requesting accommodations must self-identify to AAS as an individual with a disability. • Provide comprehensive documentation that meets AAS documentation guidelines for a disability that significantly restricts a major life activity. • AAS Role: • Review disability documentation: • Psycho-educational evaluation, reported by a licensed neuropsychologist, which includes testing on: intelligence, academic, and achievement ability. • Accommodation request in conjunction with AAS disability documentation guidelines. • Determine if disability is significantly restricting. • Review student requested accommodations to determine if they fundamentally alter a course (collaborate with instructor if necessary). • Meet with student to approve accommodations for given semester and to review accommodation policies and procedures.

12. Accommodation Letters • Student Role: • Request Accommodation Letter each semester from AAS for each class. • Provide accommodation letter to faculty member prior to receiving accommodations. • Collaborate with instructor in order to ensure accommodations are in place. • Faculty Role: • Read and review Accommodation Letter for student and implement accommodation(s) for student. • Examples: Announce in class that AAS is looking for a paid notetaker or provide exam to AAS when requested. • Accommodation Letters are legally binding • If you have a reason to believe the accommodation(s) fundamentally alters your course, call Elisabeth Werling immediately. • Encourage the student to seek assistance as needed.

13. Faculty Rights & Responsibilities • Western Connecticut State University faculty and staff have the right to: • Hold all students to the same essential course requirements and behavior expectations. • Request verification of a student’s eligibility for any requested accommodations through an accommodation letter. The verification will be in the form of an Accommodation Letter written by AAS and delivered by the student directly to the faculty member. (Note: AAS is the only office designated to review disability documentation and determine eligibility for appropriate accommodations). • Consult with AAS regarding alternative accommodations, if he/she believes the accommodation would result in a fundamental alteration of the course. • Expect the student to initiate accommodation requests through AAS.

14. Faculty Rights & Responsibilities • WCSU faculty and staff have the responsibility to: • Identify and establish essential functions, abilities, skills, and knowledge of their courses and evaluate all students on this basis. • Provide accommodations only to students who are registered with AAS. It is not your responsibility to provide accommodations to students who aren’t registered with AAS. • Include a syllabus statement and class announcement to invite students to disclose their needs to AAS. • Act immediately upon receiving a student’s accommodation letter by providing the accommodation(s) or by contacting AAS (if unsure about how to provide accommodations). • Work to ensure that all audio-visual materials used in class are accessible (e.g., that videos shown are captioned for students with hearing impairments). • Treat and protect all disability-related information as confidential medical information.

15. Collaboration • Accommodations are typically approved without consultation with a faculty member when it is reasonable to assume the accommodation would not fundamentally alter a course requirement. However, there are times when a discussion about an accommodation is needed and collaboration with the faculty member will be initiated by AAS. • Please do not hesitate to contact us!

16. ACES – Academic Coaching & Educational Supports • One-on-one academic coaching: • time management, organization, writing, self-advocacy, notetaking skills, study preparation and many other academic skills. • First-come-first-serve basis. • One 45-minute appointment per week to work on academic skills. • Students who wish to participate in ACES should contact Ellen Ober at (203) 837-8225 orobere@wcsu.eduto schedule a meeting time. • Please refer students to appropriate campus resources (Counseling Services, Choices, Tutoring Resource Center, Math Clinic, Writing Lab or AAS). • Many times AAS is unaware that they need additional assistance.

17. Instructional Case Studies

18. Scenario One – Accommodation Letters • Before your second class session begins, Laurie approaches you. She hands you a letter in front of your class, and she states that it is her Accommodation Letter from AccessAbility Services. • Discuss how you might respond to this student as other classmates are within hearing range of your conversation. • What might you do, if after you read the letter you have concerns about how the accommodation can be put in place in your class?

19. Scenario Two – Sensitive Topics • Michael, a former ward of the state, was sexually abused by his foster mom when he was twelve years old. He has complex psychological disabilities: post-traumatic stress disorder, depression, mood disorder and anger management issues. These are hidden disabilities which he chooses not to disclose to his professors. • What might you do to inform the class of topics for class discussion that might pose difficulties to students?

20. Scenario Three – Testing • Molly is a student in your class with carpel tunnel syndrome. She has been approved for the use of a scribe and extended time. She shows up to the exam and she informs you of her test accommodations. She is coming to you because she did not follow the testing procedure of AAS; which, requires students to schedule exams one week in advance. • What do you do?

21. Questions?