Students With Disabilities

Access, Design & Advocacy

Introduction

• Agenda for presentation• Introduction & Background• Key Principles of ADA• What the ADA does not do…• Strategies for effective use of ADA

• Make it work for you…

Myth or Fact?

Faculty members do not need to have access to students’ diagnostic information in order to determine reasonable accommodations.

If a student mentions he or she has a disability, the faculty member is responsible for arranging appropriate accommodations.

When field trips are held in locations that are difficult to access, it is best to excuse students with physical disabilities.

CU Students with Disabilities

Disability Type Total Students

Learning 68

ADHD 40

Vision 7

Hearing Loss/Deaf 4

Mobility 15

Psychiatric 18

Medical 19

Multiple 15

Total 168

ADA: What do you need to know?

• Stands for “Americans with Disabilities Act”

• Three key titles: • Title I: Employment• Title II: State and local government (does

not apply to federal government)

• Title III: Places of public accommodations

What You Need to Know…• Nondiscrimination statute: generally people cannot discriminate on basis of disability

• Requires equitable access to opportunities and benefits enjoyed by people who do not have a disability

• Only law that requires an affirmative action on part of others: Reasonable Accommodations.

What you need to know…

Definition of Disability

A person has a disability if he or she has a physical or mental impairment that substantially limits one or more of the major life activities (walking, standing, seeing, speaking, hearing, breathing, taking care of oneself, learning).

Mobility

Sensory

Systemic

LD/ADHD

Psychiatric

AcquiredBrainInjury

Types of Disabilities

"It was difficult for me to complete this survey because my disabilities are hidden. Most people don't know anything is wrong, since they can't see anything wrong".

See Curriculum Transformation And Disability (CTAD), a grant partnership between General College and Disability Services that was funded by U.S. Department of Education (Project #P333A990015) to provide strategies for universal instructional design to faculty.

Issues with Hidden

Disabilities• “Passing”• May not belong in either world• Erratic nature of disability• Need to “prove” disability• Decision to disclose

Note: People with psychiatric disabilities are the fastest growing group, the least understood, and the least willing to disclose.

Hidden Disabilities and Reasons Why It Is Difficult to

Disclose• Fear of social stigma• Fear of being isolated• Privacy issues• Public image• Fear of students/faculty finding out

• Fear of the unknown• Not knowing what to request for an accommodation!

He’s looking good,

But………………

Common Thoughts by Students with Hidden

Disabilities• I look fine. No one would believe that I go home and crash everyday.

• Will my professor believe me?• Will other students think that I’m using this as an excuse?

• I was doing pretty well last month. Will people be confused that I didn’t need an accommodation before but now I do?

• I’m getting a fresh start in college, I’ll try to dispense with accommodations and see what happens.

Why would anstudent with a hidden disability choose to disclose the disability?

Universities are obligated to make an accommodation only to the known

limitations of an otherwise qualified individual with a

disability.

Unlike High School…

Disability/Education Laws

Section 504 ADA

Postsecondary Postsecondary/General Public

Universities that receive federal funds

must be accessible

Public services must be

accessible regardless of federal funds

People are responsible for disclosure and

requesting services

People are responsible for disclosure and

requesting services

IDEA

Elementary/Secondary

Public schools must provide services to

students with disabilities

School must identify students

and provide services

See Curriculum Transformation And Disability (CTAD), a grant partnership between General College and Disability Services that was funded by U.S. Department of Education (Project #P333A990015) to provide strategies for universal instructional design to faculty.

What You Need to Know… Reasonable Accommodations

A reasonable accommodation is a modification or adjustment to a course, program, service, job, facility or activity that enables a qualified person with a disability to have an equal opportunity.

Institutions are obligated to make reasonable accommodations only to known limitations of an otherwise qualified individual.

Unreasonable Modifications

• Those that would fundamentally alter demonstrable academic or technical standards or essential functions of a job.

• Those that substantially alter the nature of the benefit received from the course, program or service, or the essential functions of a job.

• Those that present an undue hardship.

• Those that pose a risk to self or others.

Mandated Services• Taped texts• Notetakers• Testing accommodation• Access to learning opportunities and materials in the classroom

• Sign language interpreters

Non Mandated Services (Enhanced)

• Tutoring• Counseling• Learning Strategies Help• Career Counseling• Access to Professionals with LD Expertise

Appropriate Academic Accommodations/Modifications

• Course substitutions• Extensions of time limits for degree completion

• Modifying the manner in which courses are conducted

• Modifications to course examinations

• Adapting classroom and laboratory equipment

Unreasonable Modifications

• Those that would fundamentally alter demonstrable academic or technical standards

• Those that substantially alter the nature of the benefit received from the course, program or service

• Those that present an undue hardship

• Those that pose a risk to self or others

Academic Modification Requires Balance Between

Rights of students with disabilities to equal access.

College’s right to maintain academic and technical standards integral to its mission.

Determining Accommodations

Student

Disability Services Provider

Faculty/Staff

InteractiveProcess

Reasonable Accommodations

Bridges Gap between Disability and Essential Functions

Ensure Equal Access to Opportunity or Benefit

Must be Effective (not the “best”)

What You Need to Know…Filing Complaints

The timeline for filing complaints is short…

• Generally, you have 6 months or 120 days from the time of the last incident to file a complaint

• Document, document, document. Write down your story as it is happening.

• Be prepared for the times when it matters the most that you have the information you need.

Remember other remedies…

• Many states have very good disability anti-discrimination statutes. You can file with or get information from state departments responsible for enforcement.

• The University’s Office of Equal Opportunity can be a resource

• Check with the University’s resources for dispute resolution.

What the ADA does NOT do…

• Help with disclosure process• Provide “prescriptions” for accommodations

• Assure positive response to disclosure

Strategies for Effective Use of

ADA• Educate• Communicate• Use Allies…don’t always go at it alone

• Carrot vs. Stick approach - be intentional

Creating Access in the Future

Universal Design: Why?• Demonstrates how benefits accrue to others, making it easier to find allies and advocates

• Creates accessible environments for people who may not qualify under the law

• Creates a more supportive environment for everyone, particularly people with disabilities.

Use Your College Experience to Prepare for Your Career(s)• Practice asking for accommodations and disclosing

• Use opportunity to learn how to disclose, what works and doesn’t work (esp. with different types of people)

• Use opportunity to experiment with different types of accommodations

Organize Activities & Build Awareness

Develop Leadership and Community Building Skills

• Advocate for Awareness (especially about hidden disabilities)

• Advocate for Access (compliance)• Advocate for Universal Design (sustainable

change)• Identify Allies to develop and implement

ideas and build support