What Faculty and Staff Need to
Know About Students with
Disabilities
Adapted from Presentation by Nancy Belowich-Negron
Director of DRC UAlbany
Presentation by Sue Sprague Disability Services
Counselor SUNYIT
Session Overview
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Governing Statutes
The Reasonable Accommodation Process
Practical Observations & Pointers
The Grievance and Compliance Process
Questions
Governing Statutes
• Americans with Disabilities Act (ADA)
• 1. Title II applies to public colleges and
universities
• 2. Title III applies to public accommodations
• Rehabilitation Act of 1973
• 1. Applies to programs and activities that receive
federal funding
• New York Human Rights Laws
• HUD/Fair Housing Amendment Act of 1988
The ADA (1990)
• Who is covered under the ADA?
• 1. Qualified individuals with disabilities
• 2. Disability is defined as a physical or mental
impairment that “substantially limits” one or
more major life activities
• 3. Individuals with a record of such
impairment
• 4. Individuals regarded as having said
impairment
The Rehabilitation Act
• Defines disability as a physical, mental, or medical
impairment resulting from anatomical,
physiological, genetic, or neurological conditions
which prevent the exercise of normal bodily
function or is demonstrated by medically
accepted clinical or laboratory diagnostic
techniques
• A record of such an impairment
• A condition regarded by others as such an
impairment
The Accommodation Process
• College and universities need to have written, widely distributed
policy on Reasonable Accommodation Process available in hard
copy, in alternative format and on the college’s website
• Step #1 Notice of disability/or need for accommodation to
institution either written or verbal
• Step #2 “registration process” Acquires documentation from a
licensed professional familiar with case and registers w/institution
• Step #3 Accommodation assessment by the DSC. Can be done in
collaboration with student, faculty, parents, or health care
providers.
• Step #4 Letter from DSC to faculty given to student to share with
faculty/ or sent to faculty
Notice of Disability
• Voluntary on the part of the student
• Onus is on the student to self-identify to start
accommodation process
• Faculty and Staff should refer students seeking
accommodation to Disability Services Office
Kunsela Hall Suite B101 Office B105
• Obligation of institution begins at time of
notification. *It is not retroactive*
Documentation of Disability
• Reasonable requirements may be set by the
institution
• May require documentation by a licensed
professional
• Should include: 1) Current diagnosis(es) 2) Date
of diagnosis 3) How the diagnosis was reached
(tests, lab work etc.) 4) How disability affects a
major life activity 5) How disability effects
academic performance
• Expense must be borne by the student
Determining Accommodations
• It is an interactive process
• Takes into consideration the student’s preference,
the opinion of the healthcare provider, the
effectiveness of the accommodation, options at
particular institutions for providing a particular
accommodation
• There is no requirement to waive the essential
program requirements
• Ultimately the DSC determines the final manner
in which an accommodation is provided
**Reasonable Accommodations**
• Academic Standards that are essential to
completion of certain programs are not
subject to modification. Generally, institutions
are not required to give students multiple tries
on a test or exam “as long as reasonable
accommodations were provided the first
time”
• Off-campus programs, services and facilities
are subject to Section 504 and the ADA.
Accommodations
• Meant to ensure access to all educational
opportunities even extracurricular, sports,
housing, libraries, theater, clubs &
organizations, etc.
• Reasonable accommodations must be
considered on a case-by-case basis. Rarely if
ever does any one category of disabilities
require the same exact accommodations for
everyone with that diagnosis
Reasonable Accommodations
• Auxiliary Aids include but are not limited to:
taped or electronic texts, sign language
interpreters, readers, note takers, assistive
listening devices, closed captioned decoders,
large print or braille materials, copies of Power
Points or visual overheads, etc.
• Not required by law: Tutors, personal care
attendants, individually prescribed devices like
wheelchairs or hearing aids, readers for personal
mail, etc.
(Un) Reasonable Accommodations
• I want to take the 2 tests I failed before I got
registered with the Disabilities Office
• Please waive the ???___Program requirement
from my program because I’m terrible at___??
• I need the professors notes b/c….
• I missed 15 classes due to my health and the
professor has an attendance policy
• I need someone to empty my catheter at
12:00 every day
Pointers and Observations
• Reasonable is measured by what is reasonable to all of us
• You can never fail by going the extra mile. We do want students to
succeed even if that means giving them the benefit of the doubt
• It is not reasonable to assume that because an accommodation costs a lot
of $$$ that it can be automatically ruled out
• Sometimes lo-tech, sometimes high tech
• Never say “Never”
• Keep a paper trail
• Do not hold students with psychiatric disabilities to a higher standard for
withdrawal and reentry
• It is up to the student if he/she wants to disclose the nature of the
disability. Some types of disabilities may be more apparent that others. It
is important to invite students with accommodation plans to talk with you
about how he/she learns best. Any concerns you have about academic
accommodations should be discussed with me not the student.
The Grievance & Compliance Process
• All complaints should initially be handled at the
local level with due process See- grievance policy
www.sunyit.edu/disability_services
• Parties involved in resolution can be Professor to
Department Chair to Vice President
• Perhaps Conflict Resolution, Affirmative Action or
an ADA Compliance Committee
• 1. Once complaint leaves college/university it can
go to the NYS Human Rights Commission or the
Office of Civil Rights (OCR)
OCR Process
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Step 1- Complaint or random audit begins
Step 2- Information request
Step 3- Telephone Investigation
Step 4- Witness interviews/Campus Visit
Step 5- Determination Letter
Questions