Why We Accommodate and Students' Rights

Some consider ensuring equal access to postsecondary education simply the right thing to do. Others are merely responsive to legal mandates. In either case, the federal government has made it clear that postsecondary institutions must provide reasonable accommodations to otherwise qualified students with disabilities to ensure access to educational opportunities. Learn more about these laws below:

• Americans with Disabilities Act
• Section 504 of the Rehabilitation Act of 1973
• Individuals with Disabilities Education Act (IDEA)

Each student with a disability has unique needs. The presence of a disability may or may not affect the participation of a student in your class. Disabilities may affect sight, hearing, mobility, learning, health, mental health, organizing, concentration, memory, social skills, and other aspects of life.

Reasonable accommodations must be provided to eligible students with disabilities in order for them to access essential course content and essential learning activities. Types of academic coursework to which students with disabilities need access include lectures, written assignments, field or lab work, exams, class discussions, Internet research, and/or participation in class activities.

Some examples of reasonable accommodations in postsecondary settings include sign language interpreters, preferential seating, notetakers, scribes, flexible attendance requirements, test modifications, and classes in accessible locations. Some students with disabilities require the same accommodations for all courses. Other students may need a range of accommodations for various lecture, lab, discussion, and fieldwork activities. Flexibility and effective communication between students, disabled student services staff, and instructors are key to implementing successful accommodations.

Confidentiality

It is important to remember that information about a student's disability should usually be kept confidential. Even if a student has disclosed a disability to you as his instructor or to other officials of the institution, this personal information should not be shared with others without his permission. Typically, the process by which information about a disability is shared is as follows:

• The student brings documentation about the disability to the disabled student services office on campus. He discusses appropriate accommodations with staff.
• Confidentiality is maintained by the disabled student service office on campus unless the student provides written permission to release the information.
• If the student agrees that specific information can be disclosed to his instructor, the disabled student services staff shares information and approved accommodations; sometimes reasonable accommodations for specific class activities are determined in consultation with the instructor.

The best accommodations are tailored to the individual and often develop from a cooperative relationship between the faculty member, the student, and staff of the campus disabled student services office.

Examples

What types of accommodations might help the following students in the average lecture?

1. A student with low vision may benefit from large print or electronic copies of your handouts, a notetaker, and/or preferential seating. It is also helpful to use large text on presentation slides and/or write clearly and in large print on whiteboards.
2. A student with a mobility disability that affects their hands may need a notetaker, a test scribe, computer access, or recording options.
3. A student with a broken leg may temporarily need extra time to arrive for class, campus transportation, and/or preferential seating.
4. A student with an undocumented learning disability may not be able to use your campus' Disability Resources for Students (DRS), depending on your school's policies. Documentation needs can sometimes create barriers to access. This is why universal design can help a wide variety of students, whether they go through DRS or not. Universal design options in this case may include offering multiple methods for students to learn the same information (lecture, reading, resources, projects, etc) as well as accepting multiple methods for students to showcase their knowledge (test, presentation, essay, projects, etc).

A "person with a disability" means "any person who has a physical or mental impairment which substantially limits one or more major life activities including walking, seeing, hearing, speaking, breathing, learning, and working; has a record of such impairment; or is regarded as having such an impairment."

Examples of disabilities that can impact a student in postsecondary education include, but are not limited to, AIDS, cancer, cerebral palsy, diabetes, epilepsy, head injuries, hearing disability, learning disabilities, loss of limbs, multiple sclerosis, muscular dystrophy, mental health disorders, speech disabilities, spinal cord injuries, and visual disabilities.

Many of the conditions listed may affect individuals' abilities to perform specific life tasks. Some of these conditions are visible, while other conditions, such as learning or mental health disabilities, are "invisible." Individuals with the same diagnosis or label may present a range of symptoms and functional differences. For example, an individual with cerebral palsy may need to use a wheelchair, may be unable to speak, and may require a personal assistant for self care. Another person with cerebral palsy may walk with a cane and manage all personal care tasks and communication independently. Likewise, an individual with a learning disability may have difficulties with reading, writing, math and/or processing verbal information. Clearly, each individual has unique needs in postsecondary education settings. In all cases, the institution has a responsibility to provide program access to qualified students with disabilities.

The design of a product or environment that is flexible and meets the needs of a wide range of users can eliminate or minimize the need for specific accommodations for a person with a disability. In contrast, a mismatch between the individual with a disability and the environment, attitudes, or society can create or exacerbate barriers. For example, an individual with a mobility disability may fully participate in most life activities if the buildings, transportation, and facilities he uses are wheelchair accessible. However, when he cannot accept a job or attend a class because the work site or classroom environment is inaccessible, he is being excluded as a consequence of an architectural barrier that prohibits access. Similarly, captioning on video recordings eliminate the need for an accommodation for a deaf student.

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities and mandates the provision of reasonable accommodations to ensure access to programs and services. Reasonable accommodations may include, but are not limited to, redesigning equipment, assigning aides, providing written communication in alternative formats, modifying tests, redesigning services to accessible locations, altering existing facilities, and building new facilities. Reasonable accommodations do not include personal devices such as hearing aids, wheelchairs, and glasses.

Students with disabilities who desire academic accommodations must register with the disability student services office and provide proper documentation of their disabilities. This office will determine the accommodations, if any, that are reasonable for the student. Many students with disabilities do not identify themselves as having a disability because they do not feel that they need academic accommodations. The need for accommodations depends on the students' abilities and the course requirements. Ultimately, a student with a disability requires alternative arrangements only when faced with a task that requires skill that her disability precludes.