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College
of Staten Island Guide for Faculty
This guide contains information about disability rights laws, and the
rights and responsibilities of faculty and students.
DISABILITY RIGHTS LAWS
How Does Disability Law Impact Institutions
of Higher Education?
What is a Disability?
Why Do I Have to Provide Accommodations?
Aren't Accommodations Just Special Privileges?
RIGHTS AND RESPONSIBILITIES OF FACULTY AND STUDENTS
What are My Responsibilities to a Student with a Disability?
What are the Responsibilities of a Student with a Disability?
Can I Ask a Student If He or She Has a Disability?
Can I Ask What Type of Disability a Student Has?
May I See a Student's Documentation File?
Should I Provide Accommodations to a Student Without
Written Documentation?
What If I Disagree With a Requested Accommodation?
How Does Disability Law Impact
Institutions of Higher Education?
There are two major pieces of legislation that impact the provision of
services and accommodations to students with disabilities in the university
setting. They are the Rehabilitation Act of 1973 and the Americans with
Disabilities Act (ADA) of 1990. Of direct importance is Section 504 of
the Rehabilitation Act that states:
No otherwise qualified person with a disability in the United States...shall,
solely on the basis of a disability, be denied access to, or the benefits
of, or be subjected to discrimination under any program or activity provided
by any institution receiving federal financial assistance.
What is a Disability?
To be considered a person with a disability, an individual must
have a physical or mental impairment that substantially limits one or
more major life activities. Major life activities are functions including
caring for oneself, performing manual tasks, walking, seeing, hearing,
breathing, learning, and working. An individual is considered a person
with disability if he or she has a record of such an impairment or is
regarded as having an impairment.
With the passage of the ADA, this mandate from the Rehabilitation Act
of 1973 was expanded to include any public or private institution. Subpart
E of the Rehabilitation Act requires an institution to be prepared to
make reasonable academic adjustments and accommodations to allow students
with disabilities full participation in the same programs and activities
available to students without disabilities. The ADA further reinforces
these statutes. With relation to a post secondary setting, a qualified
person with a disability is one who meets the academic and technical standards
required for admission or participation in the institution's educational
programs or activities.
The following requirements of the laws are of major importance in the
college setting:
•· Institutions must ensure accessibility of programs and
activities to students with disabilities. Architectural barriers must
be removed where the program is not accessible by other means. Students
with disabilities should have the same options available to others when
selecting courses and majors.
·• Students with a disability must be provided with auxiliary
aids and services in their academic activities (i.e., interpreters, taped
texts and readers in libraries; adapted classroom equipment). Institutions
need not provide personal attendants, individually prescribed devices,
readers for personal use or study, or other devices or services of a personal
nature.
From "Laws Impacting Post secondary Education," by Office for
Disability Services, Pennsylvania State University (2000) [On-line]. Available:
http://www.lions.psu.edu/ods/text/..\ODS\NewFiles\Rehab1973.htm
Why Do I Have to Provide Accommodations?
Reasonable accommodations are guaranteed under federal law. The ADA extended
the protection given to individuals with disabilities under Section 504
of the Rehabilitation Act. Reasonable modifications are mandated for nonessential
academic requirements to ensure full educational opportunity for students
with disabilities.
Aren't Accommodations Just Special Privileges?
Accommodations are intended to allow a student with disabilities to have
equal access to academic programs. Think of it as "leveling the playing
field". Students with disabilities, like other students, should pass
or fail courses according to whether or not they have mastered the learning
objectives. Although you may modify your teaching and testing methods
to accommodate students, you should not alter your grading standards.
What
are My Responsibilities to a Student with a Disability?
You are not required to give passing grades to students with disabilities
who have failed to demonstrate the required level of understanding or
performance competency. Once accommodations have been provided, you should
grade the work of the student with a disability as you would grade the
work of any other student.
You also are responsible for protecting the privacy of students with disabilities.
Finally, you should conduct class so that no more attention is focused
on the student than is necessary to provide required accommodations.
What are the Responsibilities of a Student with
a Disability?
Students with disabilities are responsible for ensuring that College personnel
are aware of their disabilities and required accommodations. In order
to access campus disability services, students must identify themselves
with the Office of Disability Services and provide current documentation
of their disability and verification of the need for accommodations.
Students with disabilities share the same responsibility for their education
as students who are non-disabled. This includes meeting academic standards,
attending class, maintaining appropriate behavior, and providing timely
notification of individual needs.
Can I Ask a Student If He or She Has a Disability?
No, this is confidential information. However, you can facilitate the
use of campus disability services by students with disabilities by making
available the name and contact information of the Office of Disability
Services on each course syllabus. The following statement (or some versions
of) will be included at the bottom of each syllabus each semester. It
should be printed in 20 point font as recommended by American's with Disabilities
Act.
"If you need an accommodation because of a documented disability,
you are required to register with the Office Disability Services .
Can I Ask What Type of Disability a Student
Has?
No, this is confidential information. The only information that you must
receive about the student is required accommodations. However, most students
will disclose information about their disabilities when discussing accommodations
with you.
May I See a Student's Documentation File?
Sorry, this is confidential information. You may request information from
the Office of Disability Services Coordinator regarding provision of accommodations
to a student with a disability, but you may not view the student's file.
The privacy of student records is protected through the Family Educational
Records Privacy Act, the ADA, and Section 504 of the Rehabilitation Act.
Thus, you must have written permission from the student to see his or
her documentation file maintained by Disability Services.
Should I Provide Accommodations to a Student
Without Written Documentation?
No, you do not have to provide accommodations to a student with a suspected
disability. The student must self-identify with the Office of Disability
Services to receive accommodations.
What If I Disagree With a Requested Accommodation?
Under federal law reasonable accommodations must be provided to qualified
students with disabilities. If you believe the requested accommodation
is unreasonable, you should contact the Office of Disability Services
Coordinator immediately to discuss this matter.
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