Disclosure by pengxuebo

VIEWS: 96 PAGES: 90

									                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.


       Module Title: The Rights and Responsibilities <link to glossary term>
of Faculty, Students, and Disability Service Providers in Accommodating and
                 Teaching College Students with Disabilities

                                             Unit 1: Disclosure
Definition:

Disclosure is the process of a student revealing he/she has a disability requiring accommodations
to gain equal access to the curricula. Disclosure:

        requires student self-advocacy: the student has to communicate his or her learning needs,
         interests, and rights and make requests for accommodations based upon expressed needs.

        involves a student ―making informed decisions and taking responsibility for those
         decisions.‖ (VanReusen & Bos, 1994). College courses provide an opportunity for
         students with disabilities to hone their advocacy skills by explaining their need for
         reasonable accommodations to their professors in order to meet mutual learning goals.
         Faculty members, on the other hand, have the opportunity to support students in gaining
         appropriate accommodations and equal access to education.

How a faculty member responds to a student‘s disclosure and request for reasonable
accommodations constitutes a significant portion of that ―outside the classroom‖ learning that all
students gain in college. The receptiveness of a faculty member to the accommodation and
learning needs of a student with a disability influences:

     the classroom learning environment

     the student‘s ability to succeed in a particular class

     the larger campus and societal climate toward individuals with disabilities, which can
      play a factor in students‘ professional and personal success.

Reference:
VanReusen, A. K. & Bos, C. S. (1994). Facilitating student participation in individualized education programs
through motivation strategy instruction. Exceptional Children, 60, 466-475.

---------------------------------------------------------------------------------------------------------------------

How to Disclose:

Disclosure can help the professor and student communicate and learn from each other. When
students are unsure how to disclose to a professor, they should visit a Disability Support Services


                                                         1
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
(DSS) counselor for guidance on how to initiate the request for accommodations. This process is
exemplified in the following video exchange between Evelyn, a student with a disability, and her
DSS counselor:

Disability Services Counselor Coaches Student [Link to Clip From Teleconference Video,
―Improving the Quality of Education for Students with Disabilities: A Shared Responsibility‖
[45:47-48:32]
       Lois Burke, Disability Services Counselor at Ohio State University
       Evelyn Cleavenger, Sophomore in Horticulture, Ohio State University

Lois: ―Okay, Evelyn, today we‘re going to talk about advocacy because one of the things you
need to do before you make arrangements to take exams in the Office of Disability Services is
talk to your teachers. So what I want you to do is advocate for yourself in regards to what your
needs are and make those arrangements to take your exams at ODS, if that‘s what you want to
do. So what I want you to keep in mind is confidentiality. You know, what you tell your
teachers is entirely up to you. <1> But what you must do is let her know who you are and what
your needs are basically and your disability.‖
Evelyn: ―Okay.‖
Lois: ―Okay. So far as your needs are concerned, one of the things you and I have talked about
has been the extra time for exams, having a reader or a scribe, or maybe a computer for certain
kinds of tests.‖
Evelyn: ―Okay.‖
Lois: ―In making your appointment – and I recommend an appointment to meet with your
instructor to do that so you can talk in a very confidential fashion and talk about specific kinds of
needs. When you go, you‘re to have a proctor sheet with you. And that sheet will help facilitate
the process in regards to when the exam needs to be here, how it‘s going to get here, how it‘s
going to get back, what time you‘re going to be taking the exam and things like that. Do you
have any questions about that process?‖
Evelyn: ―Just meet with my instructor. I can tell him as much as I want.‖
Lois: ‗Yeah. What you feel they need to know. But you must tell them you have a disability.
As part of advocacy, you have to tell them you‘re registered in this office and that you have a
disability and these are the needs you have.‖
Evelyn: ―Explain to them what are my likes and the time and what I want.‖
Lois: ―Right. Right. One of the things that should not happen and it doesn‘t happen very often –
one of the things that shouldn‘t happen is a professor saying, no, I‘d rather that you didn‘t, you
know. You don‘t look like you have a disability. And what I‘d advise you, in that regard, is
you, know, that is not a time to argue with the instructor. You need to let the Office for
Disability Services know. Me in particular, since I‘m your counselor, so that we can help
facilitate that process.‖
Evelyn: ―All right.‖
Lois: ―You have a legal right to confidentiality,<1> as well as accommodations based on your
disability.‖
Evelyn: ―Okay.‖
Lois: ―The professor has no right to just say no, I won‘t do it.‖
Evelyn: ―All right.‖


                                                         2
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
Lois: ―Okay? So I don‘t want you to be concerned about that when you go advocating for
yourself today.‖
Evelyn: ―Okay.‖
Lois: ―Do you have any questions about that process?‖
Evelyn: ―So if they tell me no, I need to come directly to you, tell them all right I‘ll have my
counselor speak to you, and leave the office.‖
Lois: ―Right. Right. Because ultimately you need to get a grade in that class, so we will help
facilitate the process for you.‖
Evelyn: ―Okay.‖
Lois: ―To make sure you get what you are legally entitled to. Okay?‖
Evelyn: ―Okay.‖
Lois: ―So do you feel okay about going and talking to the instructor?‖
Evelyn: ―Yeah. I think so.‖
Lois: ―I‘ll make sure you have all the paperwork with you when you leave so you can set things
up.‖

 Evelyn has met with her DSS counselor and has been informed of her legal right to
 accommodations. <1> She has also been informed about how to initiate the accommodations
 process with her instructors. In the next clip, Evelyn approaches one of her instructors and
 expresses her need for accommodations:


Student Meets with Faculty Member [Link to Clip from Teleconference Video, ―Improving the
Quality of Education for Students with Disabilities: A Shared Responsibility‖ 48:36-51:30]
       Jan Macian, Program Specialist, Department of Spanish and Portuguese, Ohio State
       University
       Evelyn Cleavenger, Sophomore in Horticulture, Ohio State University

Evelyn: ―I‘m Evelyn Cleavenger and I have some questions I‘d like to talk to you about.‖
Jan: ―Come on in, Buenos Dias.‖
Evelyn: ―I‘m a student with a disability and I would like to talk to you about getting some test
accommodations and things.‖
Jan: ―Okay. Do I give you the test in my office?‖
Evelyn: ―No, actually the Office for Disability Services will accommodate that for me.‖
Jan: ―Okay.‖
Evelyn: ―We would just – we would fill out this form together, and then the Office of
Disabilities would take care of like when I would take the test and what the accommodations that
we discussed today will be on there and stuff.‖
Jan: ―All right.‖
Evelyn: ―I‘m thinking I will probably need a reader when I take my test and a scribe.‖
Jan: ―Do we – should I check and find if someone in class would be willing to read for you?‖
Evelyn: ―Actually, they‘ll find someone. They have people in the office; that‘s their job to come
and read to us.‖
Jan: ―Okay.‖



                                                         3
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
Evelyn: ―So you would just kind of fill out the quizzes, when the midterms are and the final
dates so the Office of Disabilities will know when to expect a test from you and when I‘ll be in
to take the test so they‘ll know when I need a reader and that kind of stuff.‖
Jan: ―Typically, let‘s see. You will be able to take the quiz and the exam at the same time?‖
Evelyn: ―Right. At the same time.‖
Jan: ―What about the time? Do I indicate the amount of time that you should have extra?‖
Evelyn: ―No, actually I‘ll have double-time, so I‘ll have twice as much time as the class has and
the Office of Disabilities will accommodate that for me, make sure that I am taking the right
amount of time and stuff.‖
Jan: ―Okay. Because we do give finals at alternate dates, let‘s see, I could either choose
Monday or Tuesday?‖
Evelyn: ―Uh-huh.‖
Jan: ―For the finals.‖
Evelyn: ―Right.‖
Jan: ―Is that all right? Okay, and again the time, let‘s see, as far as extra materials, we don‘t
provide – we don‘t authorize any books, notes during the exam, but there will be a taped
segment. So will – they will provide the tape recorder. What about as far as playing the tape or
reading a script?‖
Evelyn: ―Well, they would have a tape player accommodations for me. They would – whatever
you send with the test or whatever, they would make sure that if I needed to hear a tape, I would
hear the tape and things such as that.‖
Jan: ―Okay. And how does the tape – How do the – How does the actual exam get to the Office
of Disabilities?‖
Evelyn: ―Actually, these are accommodations you‘ll probably have to make with the Office of
Disabilities. I think they come by fax, or you can deliver them yourself or have someone pick
them up, or by the mail. I think you check somewhere how it get there.‖
Jan: ―I see, it‘s here. Okay, fine, all right, great.‖
Evelyn: ―Okay. Well thanks for your help. I appreciate it.‖
Jan: ―Not a problem and look forward to having you in class tomorrow.‖
Evelyn: ―Okay. Thanks.‖

After viewing this video exchange, it is important to remember:


        1) Students must initiate the accommodations process <1>through disclosure of a
           disability. Disclosure requires a level of self-advocacy that some students may
           need help developing. DSS counselors can assist students in developing
           disclosure and self-advocacy skills;
        2) Students with documented disabilities <2> are legally entitled to accommodations;
        3) Faculty cannot refuse to accommodate students with documented disabilities;
        4) Students should involve Disability Support Services (DSS) when there is a dispute
           <6> with a faculty member on needed accommodations.


---------------------------------------------------------------------------------------------------------------------


                                                         4
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

Barriers to Disclosure:

Disclosure is the necessary first step for a student with a disability to request and obtain needed
accommodations; however, disclosure can be an extremely difficult process, and students may
choose not to disclose their disability for a variety of personal and societal reasons. Imagine this
general scenario for a student with a disability: It is the first day of class. The professor
discusses the class syllabus and explains all the information on it, including resources for
students on campus. However, he/she seems to overlook the disability statement, telling the
class to turn to the next page of the syllabus. A disability statement is a statement placed on
course syllabi indicating a faculty member‘s willingness to provide reasonable accommodations
to a student with a disability.

A likely question from the student with a disability attending this class is: Do I tell the professor
about my disability or not?

          Why Do Students Choose Not to Disclose their Need for Accommodations?

        The most common reasons why students are reluctant to disclose their disability are:

    1. College students with disabilities are often just beginning the process of learning how to
       explain their disability and why certain accommodations are appropriate for their needs.
       In high school, accommodations are often provided for the students, whereas in college,
       students must assume responsibility for coordinating their own accommodations.

    2. Students may be in denial about their disability and may not recognize its impact on their
       lives. Students with disabilities have varying degrees of awareness about their disability
       and need for appropriate accommodations.

    3. Students may not be comfortable disclosing that they have a disability. They may try to
       take the course without accommodations in order to see if they can succeed without them.
       Students may prefer to ―pass‖ as not having a disability, if possible, in order to avoid
       unwanted stigma associated with having a disability in our society. The following video
       clips are student testimonials on stigma and disclosure:

               [Video Clip from “Uncertain Welcome,” 6:07 – 7:00]                Mukhtar – Disability
               is a very personal issue. It‘s very difficult for a disabled student to be vulnerable.
               There is a great deal of vulnerability when you tell someone that you are disabled
               because there‘s a chance that the receiver may not get it. I met some faculty
               members who say ―well, just shrug it off and keep going.‖ They think that by
               giving out these short recipes, I can just pull myself together, and it‘s more difficult
               than that. There were times when I knew that I had to get out of bed and go to
               school, but my body refuses.




                                                         5
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

               [Video Clip from “Uncertain Welcome,” 18:36 – 19:32]            Tracy - If you stop
               and think about what it‘s like to be somebody else, what it‘s like to live with
               someone else‘s problems. The thing that always is so frustrating for me is that I
               don‘t disclose to anybody. I don‘t disclose to friends, and hardly anyone in my
               program knows what I go through to be top of my class. And that‘s frustrating to
               me. I always wish that I had an external disability because then people could see
               that and could respect that and could have sympathy for that and could almost relate
               to that, and go ―wow,‖ you know. You could kinda go, well, you would almost
               know what it would feel like to have to be in a wheelchair, but you don‘t tell people
               that you have a mental illness because the stigma on that is just phenomenal.

---------------------------------------------------------------------------------------------------------------------
Suggestions for Faculty:

How can faculty help students disclose their disability and advocate for appropriate
accommodations?

Faculty can:
       1. Create a welcoming climate. Incorporate a disability statement on your syllabi and openly
          express your willingness to provide accommodations.

         Faculty Perspectives on Creating a Welcoming Climate: [Link to Following Video Clips]

                  [Clip from Teleconference Video, “Improving the Quality of Education for Students
                  with Disabilities: A Shared Responsibility” Linda Schoen Quote 1:25:03–1:25:32]
                  Linda Schoen, Assistant Dean in College of Social & Behavioral Sciences
                  One of the things that the Psychology Department learned during our climate assessment
                  process was the importance to students about the inclusion of the disability statement on
                  the syllabi. I mean, it‘s already been stated this afternoon, and I want to reinforce that that‘s
                  the first invitation that faculty have to students with disabilities. It says, ―I know you‘re
                  here. I welcome you. And I‘m going to do what I can to make sure my course is open to
                  you.‖

                  [Clip from Teleconference Video, “Improving the Quality of Education for Students
                  with Disabilities,” Brenda Brueggemann Quote 1:25:48-1:26:36]
                  Brenda Brueggemann , Associate Professor in English, Coordinator for Disability Studies
                  Program
                  ―In addition to what Linda said, one of the things that we found out in our climate
                  assessment, particularly with the group of teaching assistants that we talked with, is that not
                  only was it important to have the statement on the syllabus, but several of the teaching
                  assistants had already begun to engage the practice, because of the training they had had in
                  this area, of verbalizing, actually talking through the statement. And then another week
                  later in the syllabus, finding another way in the class to bring it up. Another very effective
                  thing that sort of opened the door even wider – while the statement on the syllabus opens


                                                         6
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
                 the door, it‘s about getting it completely open, so people feel absolutely welcome, about
                 coming in – another strategy that worked very well here that we use all the time in our first-
                 year writing classes is one-to–one student conferences. And a lot of the Teaching
                 Assistants found that students would often come up to them in that moment, and if they did
                 it early in the quarter, it helped a lot.‖

        Student Perspectives on Creating a Welcoming Climate: [Link to Following Video Clips]

               [Clip from “Uncertain Welcome,” 21:35 – 22:08] Andy - Put a Disability
               Accommodations Statement on the syllabus. If the syllabus says ―students with
               disabilities, please contact me about accommodations,‖ I think that that makes the
               student feel like the class will be accessible, and that‘s kind of a first impression
               kind of thing that you can do to make the student feel welcome, and then I think
               after that, to be welcoming.

               [Clip from “Uncertain Welcome,” 3:51 – 4:18]            Mukhtar - I think my
               connection with faculty members comes out of their general demeanor in the
               classroom. I can judge from that how they would receive my request for
               accommodations. How they would receive my walking in during office hours and
               telling them about something that‘s totally outside the course work, something very
               personal. I can judge what faculty members would be receptive to that and who
               would take it well. So I try doing that with varying degrees of success.

               [Clip from “Uncertain Welcome,” 4:45 – 5:21]              Tracy – So you get different
               responses and it‘s very tough. From our seat it‘s really hard. If I were to say
               anything to faculty, I would wish for them to think more about what it would be like
               to sit in our seat. And I think I‘ve seen -- it‘s a guess, but maybe any of the
               negative feedback that I‘ve ever gotten, I feel like they‘re thinking about their
               situation. How tough I am making their life because I‘m different.

               [Clip from “Uncertain Welcome,” 2:00 – 2:37] Satinder - Just to treat people
               with disabilities, particularly mental illness the same as everyone else. They just
               need accommodations that are a lot of the times not a big deal and that they can
               allow them, if you give them a chance, that they can succeed. I am a perfect
               example. I wasn‘t supposed to graduate from high school, and in a year I am going
               to be getting my Ph.D. in Biochemistry, Molecular Biology, and Biophysics. And I
               think that my experience has actually made me a better or would make me a better
               scientist or a more driven scientist.

        2. Invite the student to disclose learning needs through open communication. For example,
        engage the student in a dialogue about how his/her disability impacts their learning. You may say -
             ―In what ways can I help you understand the class material?‖
             ―Can we work together to brainstorm some possible solutions for difficulties you might
                have with the course?‖
             ―How have other instructors met your learning needs?‖


                                                         7
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

               [Video Clip from “Uncertain Welcome,” 21:13 – 21:34] Mukhtar – A couple
               of times I went up to his office and tried to talk to him about my problem, and he
               only talked to me at the door. He didn‘t invite me in, and he was very short with
               me, and that really took a toll on my desire to succeed in that class.

         3. Respect student privacy. By law, a student does not have to disclose what type of disability
         <1> he/she has or reveal specifics about that disability unless he/she chooses to volunteer that
         information. Students only need to state that they have a disability and provide verification from
         their institution‘s Disability Support Services (DSS) office <insert hot link to specific institution’s
         Disability Services> in order to receive accommodations.

         4. Be prepared to accommodate students with disabilities at any point in the semester.
         Although faculty and disability service providers encourage students to disclose early in the
         semester, whenever students choose to disclose, they have a right to accommodations <4> as long
         as the accommodations are approved by DSS and the appropriate documentation <2>is on file.
--------------------------------------------------------------------------------------------------------------------------------

Responsibilities of Students:

Faculty can facilitate disclosure by encouraging students with disabilities to:

        Disclose early. The earlier students disclose their disability status to, and register with,
         the Disability Support Services (DSS) office, the sooner DSS can identify the appropriate
         accommodations to facilitate the teaching and learning process. However, when students
         disclose to DSS, the DSS office cannot share a student‘s disability information with
         faculty unless obtaining the student‘s permission to share such information. Therefore,
         students also need to disclose their need for accommodations directly to faculty so faculty
         members, students, and DSS can work together to coordinate appropriate
         accommodations.

        Disclose how the disability impacts their ability to benefit from a particular delivery
         system, instructional method, or evaluation criteria. Instead of discussing the diagnostic
         label, the student should clearly articulate or demonstrate how the disability affects them
         in the classroom. Here is an example of a student discussing how his disability affects
         classroom performance:

                  [Video Clip: ADD: The Race Inside My Head 0:05-0:15 "Having ADD is like
                  thinking about a million things at one time and you have to stop and think about
                  which one you want to think about the most. And I'm ADHD, so I'm hyper too,
                  and I'm just jumping off the walls, having a hard time sitting still or being able to
                  listen to you. 0:19-0:26 It looks like I don't have the time to listen. and I really
                  don't want to listen, but I just don't have the... it's hard for me to think about one
                  thing to long."]



                                                         8
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
        Describe the disability in multiple ways. Disabilities may manifest themselves in
         different ways, which is unique to an individual student. Medical terminology used to
         describe the disability is not usually helpful to the faculty in making modifications.
---------------------------------------------------------------------------------------------------------------------
Responsibilities of Disability Support Services (DSS):

In supporting both students and faculty in the accommodations process, DSS should:

        Assist students in developing self-advocacy skills.

                           [Video Clip: DO It, Building the Team, Narrator: 10:05-10:09:
                           “Taking that personal responsibility is essential for a successful college
                           experience. (10:23-10:50; Narrator ―The student must request services
                           from the appropriate office on campus. Once contacted, the Disability
                           Student Services staff may act as a liaison between the student and the
                           faculty. They may send a letter notifying professors that the student is
                           eligible for a specific accommodation. The student is than expected to
                           follow through with faculty, which may take some self-advocacy skills.
                           On some campus‘s, staff may help students develop those skills.‖]

        Communicate procedures clearly to students and faculty. Educate both students and
         faculty members by informing them of their rights and responsibilities.

                  [Video Clip: DO It, Building the Team; 10:51-11:14: Debra “A lot of times,
                  students come to us without those skills; they‘re use to having other people
                  advocate for them. So, we try to teach them what their rights and responsibilities
                  are and that they need to give, for example, timely notice to faculty; that it is up to
                  them to disclose and make requests; if they never request anything from a faculty
                  person, the faculty is not obligated to provide a service for them.‖]




                                                         9
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                         Unit 2: Documentation

          This section covers the basic legal issues surrounding documentation.
          Please visit legal mandates for more in-depth information.

Definition:

        To be eligible for accommodations, students must submit appropriate documentation of
         their disability <2> to the designated Disability Support Services (DSS) office on their
         campus.

        Documentation is not only necessary to determine student eligibility under the Americans
         with Disabilities Act and Section 504 of the Rehabilitation Act of 1973,<both acts were
         underlined as a textlink I assume to the glossary. I would suggest a link from the
         glossary to the appendix of the legal section with the full text of both statutes unless
         space is an issue. Then we link to the Department of Justice web page> but to allow the
         institution‘s DSS office to work with students to develop effective strategies and
         anticipate accommodation needs.

        Federal and State Law provide parameters for documentation. <2> However, each
         institution develops its own documentation guidelines. For example, the Association on
         Higher Education and Disability (AHEAD) suggests that documentation to determine
         eligibility for students with learning disabilities should include:

                  (a) a diagnostic interview;
                  (b) assessments of aptitude, academic achievement, and information processing;
                  (c) a specific diagnosis;
                  (d) test scores; and
                  (e) a clinical summary.

        As a faculty member or administrator, it is not your responsibility to review
         documentation, <2> but it is your responsibility to know where to send students to have
         their documentation evaluated. If a student presents you with documentation of his/her
         disability, refer the student to your institution‘s Disability Support Services (DSS) office
         <insert hot link to specific institution’s Disability Services> to have his/her
         documentation evaluated. Faculty and administrators should not ever read or copy a
         student‘s disability documentation.
--------------------------------------------------------------------------------------------------------------------
Legal Issues Surrounding Documentation:

There are three main pieces of legislation that a faculty member or administrator should be aware
of in regards to students with disabilities:




                                                         10
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
    1. Rehabilitation Act of 1973
    2. Family Educational Rights and Privacy Act of 1974 (FERPA)
    3. Americans with Disabilities Act of 1990 (ADA)

<these could be hot links to respective text below or to definitions in glossary><I suggest a link
to the glossary which could include the text below as the full definition and then either leave the
links or include the text in the appendix of the legal mandates resource, if space is not an issue.
For FERPA, most campuses have a policy on their web space usually in the registrar’s area –
you may want to provide a customizable local link.>

---------------------------------------------------------------------------------------------------------------------
Rehabilitation Act of 1973

        The purpose of the Rehabilitation Act of 1973 is to provide services and supports to
individuals with disabilities in order to gain employment, economic self-sufficiency,
independence, and integration into society. Section 504 of the Rehabilitation Act was designed
to ensure that any program or activity receiving federal financial assistance does not discriminate
on the basis of disability for otherwise qualified persons. The Rehabilitation Act provided a
conceptual foundation for the Americans with Disabilities Act (ADA) passed in 1990.

Sources:
     1. The U.S. Department of Labor ―Section 504, Rehabilitation Act of 1973‖
          Available [http://www.dol.gov/oasam/regs/statutes/sec504.htm]
------------------------------------------------------------------------------------------------------------
Family Educational Rights and Privacy Act (FERPA) of 1974

        The Family Educational Rights and Privacy Act (FERPA) is a Federal law originally
passed in 1974 that protects the privacy of student education records, including documentation of
disability submitted to support eligibility for services and accommodations. The law applies to
all schools and universities that receive funding from any program under the U.S. Department of
Education and establishes rules for the access and handling of educational records.

Sources:
1. FERPA (20 U.S.C. § 1232g; 34 CFR Part 99)
2. The U.S. Department of Education‘s Family Policy Compliance Office
     [Available http://www.ed.gov/offices/OII/fpco/ferpa/]
------------------------------------------------------------------------------------------------------------
Americans with Disabilities Act (ADA) of 1990

        The Americans with Disabilities Act of 1990 requires equal access to public programs
and services for people with disabilities. According to this law, no otherwise qualified
individuals with disabilities shall, solely by reason of their disabilities, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination in these programs.




                                                         11
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
         The ADA places the responsibility for providing documentation supporting a request for
accommodation on the individual making the request. At the same time, the ADA expects
institutions to treat documentation appropriately, utilizing trained professionals to evaluate
documentation and to treat information from documentation as sensitive.

Sources:
     1. The U.S. Department of Justice, Civil Rights Division
         Available [http://www.usdoj.gov/crt/ada/adahom1.htm]
     2. Guckenberger v. Boston University
---------------------------------------------------------------------------------------------------------------------

Suggestions for Faculty:

Key points faculty should know about documentation of a student’s disability:

1. How to Manage Documentation.
           Never ask to see documentation of a disability. You may ask the student to
            provide you with an accommodation letter/form from your Disability Support
            Services (DSS) office <insert hot link to specific institution’s Disability
            Services> to verify the student‘s accommodation request <2>, but you may not
            ask the student for formal documentation of his/her disability.
           If a student voluntarily gives you documentation, return it to the student
            immediately. Generally speaking, faculty do not need to know what type of
            disability the student has. They do need to know, however, that the Disability
            Support Services (DSS) office has verified the disability and the student's right to
            reasonable accommodations. Faculty also need to know what accommodations
            the student is entitled to and should work collaboratively with the student and
            DSS to coordinate accommodations that are compatible with course objectives.
           If a student presents you with documentation or has questions about
            accommodations based on his/her documentation, refer the student to your
            institution‘s DSS. Your institution‘s DSS office will have an individualized set of
            guidelines. Typically, once the student‘s documentation is verified, the office will
            contact you with the information necessary to fulfill the student‘s needs.
           The accommodation letter/form from the DSS office stating the student‘s needs
            must be kept confidential. This document is essentially a medical record. Do not
            leave it in the open where another person could see it.
           Do not discuss the student‘s disability with other faculty (even if you believe it is
            in the student‘s best educational interest) without first receiving the student‘s
            permission.

2. Accessing information. The ADA and the Rehabilitation Act both assign the right to
   disclose a disability to the individual and provide for disability-related information to be kept
   separate from an individual‘s general records. <2> These two requirements, in combination
   with FERPA, result in a need for written permission from the eligible student in order to
   release disability-related information from a student‘s education record.


                                                         12
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

    While FERPA<1> allows schools to disclose those records to the following parties or under
    the conditions listed below, the ADA modifies when and how disability information is
    shared:

                         School officials with legitimate educational interest. For disability-related
                          information, this includes behaviors that are directly observable and would
                          likely influence classroom management (e.g. frequent seizures in a lab
                          class);
                         Other schools to which the student is transferring. Disability related
                          information should only be released with the student‘s written permission;
                         Specified officials for audit or evaluation purposes;
                         Appropriate parties in connection with financial aid to a student;
                         When conditions or accommodations impact financial aid decisions;
                         Organizations conducting certain studies for or on behalf of the school.
                          Limited only to the information relevant to purpose of the institutional
                          research;
                         Accrediting organizations. Aggregated information only;
                         Compliance with a judicial order or lawfully issued subpoena;
                         Appropriate officials in cases of health and safety emergencies.

3. Reasonable accommodations. Making a service or program accessible is the responsibility
   of the institution <3>. Reasonable accommodations may include:
                     Redesigning equipment;
                     Providing written communication in alternative formats;
                     Modifying tests;
                     Altering existing facilities and building new facilities;
                     Making software and Internet coursework accessible to students using
                       adaptive technology.

    Faculty play a significant role in instructional accommodations. While the institution will
    have designated a DSS office to evaluate the student‘s need for accommodations, faculty
    participate in two important ways:

    1) Faculty should anticipate how course requirements interact with the impact of the
       disability. The disability services‘ professionals cannot know the format and
       requirements of every course. Ideally, there will be a discussion of how the disability
       interacts with course requirements. To participate in that discussion, faculty need
       information on the direct academic impact of the disability, not the full diagnostic
       evaluation, but a summary on how the disability is likely to express itself in classroom
       and evaluation contexts (such as reading and understanding text, writing papers,
       demonstrating mastery of course material on exams, etc.)




                                                        13
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
     2) Faculty may also be asked to document the fundamental goals and essential requirements
         of their course<5>. Understanding the nature of the course can be important in
         establishing which accommodations are not only appropriate to the student‘s needs but
         also to the course.
                           <hot link directly to text example of reasonable accommodation based on
                           course content within accommodations section – first frequently asked
                           question under Accommodations>
-------------------------------------------------------------------------------------------------------------------
Responsibilities of Students:

Students should:

            Provide their institution‘s Disability Support Services (DSS) office with
             documentation<2>. The process of identifying appropriate accommodations moves
             faster when the necessary documentation has been obtained from appropriate
             professionals such as medical personnel, psychologists, and certified testing services.

             Provide professors with an accommodation letter/form upon request. The student
              should be able to provide an accommodation letter/form confirming they are
              registered with the DSS office and the accommodations requested are appropriate and
              have been identified by the campus's DSS office. For guidelines regarding
              accommodation letters/forms, check with your DSS office at your institution. <insert
              hot link to specific institution’s Disability Services>
---------------------------------------------------------------------------------------------------------------------
Responsibilities of Disability Support Services (DSS):

DSS should:

            Secure disability-related documentation. Collect and evaluate information to
             determine student eligibility for services<2>.

            Develop guidelines for the type of documentation that is acceptable to determine
             student eligibility. The DSS office has the responsibility to advise students about
             their current documentation<2> and refer them to sources to obtain additional testing
             if necessary.




                                                         14
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.


                                         Unit 3: Confidentiality
Definition:

The right to disclose information concerning a disability is assigned to the individual with a
disability. The Family Educational Rights and Privacy Act of 1974 (FERPA) reinforces this
right. The intent of the confidentiality policy is to protect student rights to privacy and prevent
the potential for discrimination or harassment. Institutional policies generally will require a
written release before this private information can be shared with a designated person(s).
Although under FERPA, information such as name, major fields of studies, or enrollment status
are considered public information, disability-related material is exempt from this act; all
disability-related material is considered private. Disability-related information should be kept in
a secure location with limited access.

        Movie Clip: [Video Clip: ―And You Can Quote Me On That‖ Students with Disabilities
        at the University of Michigan]

        [7:34- 8:06] ―She said that they were very uncomfortable with me in the class and
        wanted to know what was wrong with me. Those were the words that she used. She
        wanted me to get up in front of the class and explain it, and I said no. And then I ended
        up having to go to services for students with disabilities and talking about this, and they
        said this is discrimination, this is not fair, this is mean and you have to deal with it. So
        we went through all of these channels and it took finally getting to the chair of the
        department to get her to finally understand what I needed and doing it‖ (Heidi).

Under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of
1990 in the Unites States, students are protected from disability-related discrimination. An
important aspect of this protection is that programs (administrators, faculty, etc.) are limited to
when, what, and where they can ask about disability. Furthermore, programs must take every
precaution to safeguard the confidentiality of disability-related information.
------------------------------------------------------------------------------------------------------------
Frequently Asked Questions (FAQs) about Confidentiality:

When can I ask about a student’s disability?

       A faculty member does not ever have the right to ask a student disability-specific
        questions. Once a student has disclosed his/her disability to a faculty member, the faculty
        member may ask questions pertaining to accommodations and classroom performance
        only <2> – in other words, disability only as it impacts academics and learning.




                                                        15
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
What can I ask about a student’s disability?

       If a student requires accommodations, the faculty member should not ask for information
        regarding what the disability is, rather only that Disability Support Services (DSS) has
        appropriately verified it. Unless the student has given written authorization for the
        release of disability-related information, the faculty member only requires knowledge of
        what accommodations are appropriate and necessary in that particular class.

Where can I ask about a student’s disability?

       Discuss disability-related issues, such as classroom accommodations, in a private setting.
        Never discuss a student‘s disability or accommodation needs in front of other students or
        colleagues.

How can I protect confidentiality?

       Under FERPA, all disability-related material is considered private. Disability-related
        information should be kept in a secure location with limited access.

       Disability documentation should be treated as sensitive information and shared with
        others in the institution with written permission or on a need-to-know basis. There are
        three circumstances that create a ―need to know‖ basis in this context: implementation,
        safety, and investigation.

                 1) Implementation. Students have the right to choose whether to disclose a
                 disability. If students require accommodations, they must disclose they have a
                 disability to a faculty member <2>, but they need not disclose disability-specific
                 information such as type of disability unless they choose to do so.

                 Students can limit the information a faculty member receives due to the fact that
                 they have a documented disability and that the requested accommodation is
                 appropriate to their needs. Ideally, students will share additional information on
                 how the disability interacts with the course. At its best, determining
                 accommodations is an interactive process, balancing the needs of the individual
                 with the essential goals of a course or program. Faculty who know nothing about
                 the nature of the accommodation or what disability-related impact the
                 accommodation is compensating for cannot effectively collaborate in identifying
                 alternatives or additional accommodations.

                 2) Safety. If an impact of a disability creates a direct and eminent threat to safety,
                 then disclosure may be necessary. For example, in the instance when a student
                 with an active seizure disorder enrolls in a chemistry lab or a horseback-riding
                 course, the need to establish safety precautions overrides confidentiality<2>.




                                                        16
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
                  3) Investigation. The third basis for a ―need to know‖ about disability-related
                  information would be use of restricted access fields in student information
                  systems to collect aggregate data on students with disabilities, or alternatively,
                  responding to inquiries from an appropriate designee of the institution or from a
                  government agency investigating a complaint related to disability discrimination.

---------------------------------------------------------------------------------------------------------------------
Suggestions for Faculty:

Faculty should:

    1. Respect privacy. Faculty should remember the sensitivity of the situation and respect
       the privacy of their students with disabilities. While knowing the particulars of a
       disability may seemingly ease the accommodations process, a faculty member cannot
       force the student to share more information than he/she is comfortable with sharing.
       What faculty need to know are what accommodations a student is eligible to receive and
       the impact of the disability on the learning process, but not the particular nature of a
       disability. Many students with hidden disabilities choose not to reveal specific
       information in order to avoid unwanted stigma, negative connotations, or societal
       misconceptions.

                  [Video Clip: “And You Can Quote Me On That” Students with Disabilities at
                  the University of Michigan]

                  19:11- 19:22 ―I wasn‘t very open with it because, you know, I didn‘t feel
                  comfortable with the stigma. I didn‘t feel comfortable telling people about it
                  because I was even judging myself‖ (unnamed undergraduate).

    2. Initiate a dialogue by sharing observations related to the student's classroom
       performance. If a faculty member suspects that a student in his/her class has a
       disability, he/she does not have the right to ask a student if he/she has a disability.
       However, the faculty member may talk privately with the student to discuss observations
       regarding classroom performance and suggest campus resources that include, among
       others, Disability Support Services (DSS). In response, a student may then reveal that
       he/she has a disability; in this instance, the instructor may talk to him/her about what
       accommodations might help the student in the course. If the student is not registered with
       DSS, the instructor may want to encourage him/her to register with the office so his/her
       accommodation request can be reviewed. The faculty member may want to let the
       student know that DSS can work with both students and instructors to determine and
       coordinate appropriate accommodations.

         Some disabilities may not manifest themselves until the early college years, and many
         hidden disabilities are under-diagnosed. If the student is not sure why he/she is having
         difficulty and there are no other obvious explanations, there may be an undiagnosed
         disability present. The DSS office may be able to assist students in exploring the


                                                         17
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
         possibility of a disability and can provide referrals to support services such as tutoring
         programs, writing center, counseling services, etc. as well as referrals for diagnostic
         assessment.

    3. Ask questions about verification of disability and accommodations. If a student
       requires accommodations, the faculty member should not ask for information regarding
       what the disability is, rather only that your institution’s Disability Support Services
       (DSS) office has appropriately verified it. <insert hot link to specific institution’s
       Disability Services> Unless the student has given written authorization for the release of
       disability-related information, the faculty member only requires knowledge of what
       accommodations are appropriate and necessary in that particular class <2>.
----------------------------------------------------------------------------------------------------
Responsibilities of Students:

Students should:

        Disclose and share information in private. When discussing a student‘s disability-related
         needs, faculty should encourage the student to set up an appointment. A meeting will
         facilitate privacy when a student makes his/her request for accommodations known. It
         also gives the faculty member and student an opportunity to collaboratively complete
         forms and discuss any classroom modifications.

               [Video Clip from “Uncertain Welcome,” 20:27 – 20:48] Andy – It‘s nice
               knowing that the professors can provide us with accommodations in a discreet
               manner so that even us as students aren‘t aware of the other disabilities, the other
               students with disabilities receiving accommodations as well.

---------------------------------------------------------------------------------------------------------------------
Responsibilities of Disability Support Services (DSS):

DSS should:

        Treat all disability-related information as confidential medical information.

        Meet the student privately in an accessible location to discuss his/her disability-related
         needs.




                                                         18
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.


                                       Unit 4: Accommodations
Definition:

Accommodations are:

       Provided to allow students with disabilities an equal opportunity to participate in and
        benefit from<3> the instructional environment. Accommodations reduce the negative
        impacts of a disability by modifying the environment, providing auxiliary aids, or
        modifying instructional techniques.

       ―Modifications to policy, procedure, and delivery method. Accommodations are not
        modifications to the fundamental or essential skills and knowledge being taught or a
        guarantee of success for the student being accommodated<5>. The intended outcome of
        an accommodation is to allow students with disabilities an equal opportunity to
        participate in and benefit from courses to the fullest extent possible‖ (Lissner, 1998).

The U.S. Department of Education, Office of Civil Rights (OCR) [http://www.ed.gov/offices/
OCR/] defines accommodations as:
    The use of auxiliary aids (such as an adaptive computer or an interpreter)
    Modifications to physical facilities
    Modifications to the methods of instructional delivery, or
    Modifications to the methods of evaluation related to a course (i.e., exams, quizzes)

Examples of common accommodations include:
    Assistive/adaptive technology
    Lab adaptations (which may include assistive/adaptive technology)
    Exam accommodations (e.g., extra time, distraction-reduced space)
    Use of a note taker
    Print material in alternate format (e.g., Braille, large print, books on tape, textured charts
      and graphs, electronic text, etc.)
    Seating arrangements
    Sign Language Interpreter/Interpreting Services
    Use of a reader or scribe

[Video Clip: Do-It Video: Building the Team: Faculty, Staff, and Students Working
Together 12:21-12:30]
Narrator: ―These accommodations do not lower the class content, quality, or standards. They
simply help students with disabilities to gain and demonstrate knowledge.‖

[Video Clip: And You Can Quote Me on That – Students with Disabilities at the University
of Michigan ―Classroom Confrontations‖ 11:47-12:03]



                                                        19
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
―They saw it as like almost a scam, they‘d go, ‗Oh, time-and-a-half, wow that makes it so easy!‘
They didn‘t really grasp that time-and-a-half means, you know, that‘s what‘s putting me at just
the fair playing level, that‘s just putting me at the starting line.‖
---------------------------------------------------------------------------------------------------------------------
Frequently Asked Questions (FAQs) about Accommodations:

When is an accommodation reasonable?

        The difference between an accommodation that is reasonable and one that is not
         reasonable is the maintenance of course integrity <link to glossary term, “reasonable
         accommodations”>. Accommodations should permit equal access to the curricula and
         not compromise course goals, critical knowledge, or academic performance
         standards<5>. Faculty should hold students with disabilities to the same academic
         standards as those without disabilities. Consider the following example:

                  To mitigate the impact of a student‘s disability, an accommodation of 50% time
                  extension on exams in a reduced distraction environment is recommended. In
                  which situation described below is this a reasonable accommodation?

                  A. In a Political Science course. The exam is fifty short answer questions on the
                     Civil Rights Movement in the United States from 1930 to 1990. The standard
                     time limit is one hour.

                  B. In a Nursing course. The exam is fifty short answer questions on emergency
                     room triage procedures and decisions. The standard time limit is one hour.

             Answer:
                 While the Political Science exam was designed knowing the course time slot
                   was an hour, it seems unlikely that speed or response time is central to
                   demonstrating knowledge of the Civil Rights Movement. It is therefore
                   reasonable to provide the accommodation.

                   The Nursing exam on emergency room decision making, on the other hand, is
                    not only modeling a real-time behavior but a behavior where speed of decision
                    making plays a critical role in being able to perform the essential functions of
                    the profession. It is not reasonable to accommodate away the measure of a
                    skill that is part of the course‘s central goals and is ultimately a necessary
                    requirement for the successful practice of nursing.

[Clip from the Do-It Video: Building the Team 3:46-4:00]
Debra: ―The student has the right to accommodations. They have the right to equal access. Not
additional access beyond what a non-disabled student would have, but they have a right to equal
access.‖




                                                         20
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

How are accommodations determined<4>?

       The Disability Support Services (DSS) office <insert hot link to specific institution’s
        Disability Services> at your institution determines a student‘s eligibility for federally
        mandated accommodations. The student, DSS staff, and the faculty member each have a
        role in determining the appropriate accommodations for a certain course. The student
        must disclose his/her disability and request accommodations; DSS reviews
        documentation and establishes what accommodations will reduce the impact of the
        disability; and the faculty member determines the fundamental goals of the course and
        negotiates with the student and the DSS office to find the most appropriate
        accommodation for the student. It should be noted that a faculty member is not
        responsible for providing accommodations to a student if he/she is not registered with the
        DSS office.

When should I involve Disability Support Services (DSS)?

       As a faculty member, you have considerable latitude in making exceptions based on valid
        need for any student. In some instances, requests from students with disabilities are
        similar to those students without disabilities make, such as switching lab sections based
        on schedule conflicts, asking for an assignment extension, making up missed classes
        because of a family emergency, etc. These kinds of requests can be considered in a
        similar fashion without going through DSS.

       In instances when the need is obvious (for example, a student rolls up in a wheelchair
        asking about room access) and the solution is under the faculty member‘s control, the
        faculty member can grant the request without involving DSS. Doing so normalizes the
        request, shares the responsibility for access, and saves the student, you, and DSS both
        time and energy.

       However, you should involve DSS in instances when:

         the need is not apparent (such as a student with an invisible disability);
         the accommodation request involves policies outside the classroom;
         additional resources are necessary;
         there is a dispute between you, the faculty member, and a student over needed
          accommodations;
         you need assistance identifying appropriate accommodations;
         you want confirmation or support for an accommodation request.

        For example, when the academic impact of a student‘s disability is not readily observable
        (such as a learning disability) or when an introductory class (such as English 100) uses a
        department-wide exam, the faculty member cannot make exam accommodations on
        his/her own because it is not in his/her purview to do so. Another example would be a



                                                        21
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
        student request for extending the withdrawal deadline from a class; such a decision
        should involve DSS.

What are invisible disabilities?

                Invisible disabilities are the most common type of disability among college
                 students. For example, students with learning disabilities, Attention Deficit
                 Hyperactivity Disorder (ADHD) and/or psychiatric disabilities may request
                 accommodations even though they do not appear to have a disability. There are
                 numerous other hidden or invisible disabilities such as heart conditions, Chronic
                 Fatigue Syndrome, Fibromyalgia, and Seizure Disorder. It is important to
                 remember that the severity of the functional limitations does not depend on your
                 ability to see the disability with your own eyes. <all link to glossary definitions>

                There may be several students in your classroom with learning disabilities,
                 ADHD, psychiatric disabilities, and/or non-visible medical disabilities. Of these
                 students, only some will request accommodations. For those students who request
                 accommodations, it is important to express your willingness to accommodate all
                 types of disabilities and to be supportive of their accommodation requests. The
                 student should provide verification of their disability by providing you with an
                 accommodation letter/form from your Disability Support Services (DSS) office.
                 <insert hot link to specific institution’s Disability Services>

What possible accommodations and instructional techniques are there for different kinds of
disabilities?

       Reasonable accommodations help meet the mutual teaching and learning goals of
        students and faculty members. Accommodations allow a student to meet the same course
        requirements as his/her peers. Accommodations that work for one student may not work
        for another. The accommodations listed for each type of disability below should only be
        viewed as a guide, and students should not be limited to the options listed.

       The instructional techniques listed for each type of disability are strategies that facilitate
        student learning or performance but are not necessarily accommodations. Often they are
        used at the professor's discretion. As with accommodations, techniques listed should
        only be viewed as a guide, and students should not be limited to the options listed.

        Learning Disabilities
        Attention Deficit Hyperactivity Disorder (ADHD)
        Psychiatric Disabilities
        Medical Impairments
        Mobility Impairments
        Blind or Visually Impaired
        Deaf or Hard of Hearing
        <all hot links to the corresponding text below>


                                                        22
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
------------------------------------------------------------------------------------------------------------

Learning Disabilities


Description

        Students with learning disabilities are ―the fastest growing category of disability reported
         by first-time, full-time college freshman. In 1998, 41% of such freshman identified
         themselves as students with learning disabilities‖ (Barr, 2002, p. ix).
        Students with learning disabilities often learn differently than their peers. Although they
         have average or above average intelligence, there is frequently a discrepancy between
         their ability and their achievement in specific areas due to a central nervous system
         dysfunction. A learning disability is a permanent disorder that interferes with integrating,
         acquiring, and/or demonstrating verbal or nonverbal abilities and skills. Frequently, there
         are some processing or memory deficits.

        Students with learning disabilities may need different types of accommodations, services,
         and/or supports based on what area(s) of learning is affected by the disability. Students
         with learning disabilities may have difficulties with some of the following:

             Reading comprehension                             Visual processing
             Written expression                                Abstract reasoning
             Mathematics                                       Visual spatial skills
             Oral expression                                   Processing speed
             Auditory processing                               Memory deficits

[Video Clip: ASD Project: The Student Panel Video
2:11 – 2:33 H.J. – ―When I look at a word or numbers, or anything of that nature, typically, if I
get four or five digits into it, then I start confusing the letters. I rearrange them. I look at them
differently. I start to see them backwards and have trouble remembering them and actually
pronouncing them and reading them.‖]

Possible Common Accommodations:                                Possible Instructional Techniques:
Alternate Format Materials (e.g.,                              Access to Class Notes
    books on tape)                                             Comprehensive Syllabus
Assistive/Adaptive Technology                                  Cooperative Group Projects
Exam Accommodations                                            Exam Aids
Note Taker                                                     Guided Notes
                                                               Multi-modality Instruction
                                                               Study Aids
                                                               Web-based Course Supplements




                                                         23
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
Attention Deficit Hyperactivity Disorder (ADHD)


Description

       Attention deficit hyperactivity disorder (ADHD) is characterized by a persistent pattern
        of inattention and/or hyperactivity that is more frequent and severe than is typically
        observed in individuals at a comparable level of development (Diagnostic and Statistical
        Manual IV TR, 2000). It can be considered an ―Other Health Impairment‖ in accordance
        with federal legislation, but often it coexists with learning disabilities.
       Students with ADHD or ADD (without hyperactivity) may have difficulty with one or
        more of the areas listed below. It is important to mention that accommodations for
        students with and without medication are still required:

        Concentration                                Following directions
        Distractibility                              Listening
        Organization                                 Sitting for lengthy periods
        Completing tasks                             Transitioning
        Sedentary tasks like reading                 Planning

[Video Clip: ADD: The Race Inside My Head
1:31 – 2:19 Linda Sapin, Neuropsychologist – ―The diagnostic and statistical manual of the
American Psychiatric Association, defines attentional disorders as a group of disorders that have
a persistent pattern of impairment in attention, activity regulation, and impulse control. The
terminology is ADHD, Attention Deficit Hyperactivity Disorder, with three subtypes. We can
have a predominantly inattentive type, where the symptoms of hyperactivity and impulsivity are
absent; we can have a primarily hyperactive impulsive type where they show more regulatory
problems, and then there‘s the mixed or combined type where most folks fall.‖]


[Video Clip: ADD: The Race Inside My Head
9:32 – 10:48 Linda Sapin, Neuropsychologist – ―It‘s also important to know what is not
attention deficit disorder. ADD is not a learning disability. Those are separate …they may be
coexisting but they are separate disorders. Now, learning disabilities can be identified with
testing and they can be accommodated in the classroom, but they can‘t be treated with
medication the way we can treat attention deficit disorders. The academic skills disorders might
be for example, a math disorder, a reading disorder, they may coexist and they may mimic each
other. For example, if you have a student who has severe inattentive type ADHD they can‘t read
very well because they can‘t stay focused long enough to do it. Now, those students interestingly
may present in testing as having a reading comprehension disorder, but when you mediate them
the reading comprehension disorder goes away. If they are truly learning disabled, it doesn‘t go
away. Usually the problem is that they haven‘t been able to stay on task long enough to soak up
what they are reading.‖]




                                                        24
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

Possible Common Accommodations:                               Possible Instructional Techniques:
Distraction-reduced Space                                     Access to Class Notes
Exam Accommodations                                           Comprehensive Syllabus
Note Taker                                                    Cooperative Group Projects
Seating Arrangements                                          Exam Aids
                                                              Guided Notes
                                                              Multi-modality Instruction
                                                              Study Aids
                                                              Web-based Course Supplements

Psychiatric Disabilities

Description

       Students with psychiatric disabilities exhibit "a persistent psychological disorder or
        psychiatric disorder, emotional or mental illness that adversely affects educational
        performance and/or functioning and frequently requires medication"
        (http://disserv3.stu.umn.edu/AG-S/3-5.html, 1999).

       Psychiatric disabilities are often hidden disorders that manifest differently, and may be
        maintained with various medications and treatments. Many students receive services
        from mental health professionals. Examples of common psychiatric disabilities are:
        depression, anxiety, bipolar disorder, and schizophrenia, and they can range in severity in
        terms of symptoms and functional limitations, from mild to severe.

       Many of these students are fearful of and have faced stigmatization because of their
        disability. Some do not need or request any accommodations, and some require a variety
        of accommodations. For some the disability is temporary, while for others it is chronic.
        With medication and/or therapy, people with psychiatric disabilities may learn to manage
        their symptoms. However, accommodations may still be needed even when a student is
        receiving treatment. Side effects of medications can create difficulties that also warrant a
        need for accommodations in addition to the impairment(s) caused by the psychiatric
        condition.

[Video Clip: ―And You Can Quote Me On That: Students with Disabilities at the University of
Michigan”
[21:59-22:19]- ―My anxiety disorder puts me at a disadvantage, and I‘ve had to fight
              through many of my own physical limitations, but it‘s a part of me, and I
              wouldn‘t give it up, it helps drive me to do what I do and move the way I do.‖
              (Rebecca)]




                                                        25
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

Possible Common Accommodations:                               Possible Instructional Techniques:
Exam Accommodations                                           Access to Class Notes
Flexible Schedule                                             Comprehensive Syllabus
Note Taker                                                    Cooperative Group Projects
                                                              Exam Aids
                                                              Guided Notes
                                                              Multi-modality Instruction
                                                              Study Aids
                                                              Web-based Course Supplements



Medical Impairments

Description

       Medical impairments can be acute or chronic, visible or invisible. There are numerous
        medical disabilities such as heart conditions, Chronic Fatigue Syndrome, Fibromyalgia,
        and Seizure Disorder that are hidden, invisible. However, medical impairments are not
        always hidden (such as individuals with broken limbs or individuals requiring an oxygen
        device). It is important to remember that the severity of the functional limitations does
        not depend on your ability to see the disability with your own eyes.

       Functional limitations may be episodic for some students who may experience dizziness,
        disorientation, and difficulty breathing during a recurrence. For example, a student with
        asthma or a seizure disorder may have periods when he/she functions without any
        accommodations, but at other times the functional limitations may be quite severe.

[Video Clip: Uncertain Welcome Video
5:33-5:48 Name unknown: ―When I disclose, because epilepsy is such a touchy kind of thing, I
usually will say, ‗I just need to let you know that I have epilepsy. But I don‘t fall on the floor
and shake and roll around. I just, you know, space out for a few seconds and I might fall
asleep.‘‖]

Possible Common Accommodations:                               Possible Instructional Techniques:
Exam Accommodations                                           Access to Class Notes
Flexible Schedule                                             Comprehensive Syllabus
Note Taker                                                    Cooperative Group Projects
Seating Arrangements                                          Exam Aids
                                                              Guided Notes
                                                              Multi-modality Instruction
                                                              Study Aids
                                                              Web-based Course Supplements



                                                        26
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

Mobility Impairments

Description

       Physical impairments are often due to conditions that limit mobility. For example,
        persons who have experienced a spinal cord injury are likely to show differing degrees of
        limitation. Students may use crutches, braces, or a wheelchair, and in a few instances,
        may be accompanied to class by a round-the-clock nurse.

       Even with the same disability, students with mobility or medical impairments may have a
        wide variety of functional limitations. They may require different types of class
        accommodations or may need no accommodations, depending upon functional
        limitations.

[Video Clip: ASD Project: Kristin and Gordon Video
10:16-10:35 Gordon: ―The only limitations that I deal with everyday are the physical inabilities
to fill out a form with a pen, sign my name—just the physical things that I can‘t do physically
‗cause mentally with the use of assistive technology, my PC, I can do everything else.‖]

Possible Common Accommodations:                               Possible Instructional Techniques:
Auxiliary Aids                                                Access to Class Notes
Exam Accommodations                                           Comprehensive Syllabus
Flexible Schedule                                             Cooperative Group Projects
Lab Adaptations or Assistants                                 Exam Aids
Note Taker                                                    Guided Notes
Seating Arrangements                                          Multi-modality Instruction
                                                              Study Aids
                                                              Web-based Course Supplements

Sensory Impairments

Introduction

Students with sensory disabilities such as those who are blind, visually impaired, deaf, or hard of
hearing often bring auxiliary aids and adaptive equipment to the classroom (e.g., dog, cane,
interpreter, Braille Lite, or Type-N-Speak). These aids assist in gaining access to the classroom;
however they do not ensure access. The classroom instructor may need to consider additional
accommodations such as enlarged print, Power Point presentations, preferential seating, speaking
at a slower pace, etc.

Blind or Visually Impaired

Description



                                                        27
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
       Students with visual impairments are often challenged by classroom instructional
        strategies. Although they can easily hear lectures and discussions, it can be difficult for
        them to access class syllabi, textbooks, overhead projector transparences, PowerPoint
        presentations, the chalkboard, maps, videos, written exams, demonstrations, library
        materials, and films. Approximately 80% of traditional learning is visual; fortunately,
        many students with visual disabilities have developed strategies to access the visual
        stimuli around them.

       Students who are blind or visually impaired vary considerably. For example, some have
        no vision; others are able to see large forms; others can see print if magnified; and still
        others have tunnel vision with no peripheral vision or the reverse. Furthermore, some
        students with visual impairments use Braille, and some have little or no knowledge of
        Braille.

       Students who are blind or visually impaired use a variety of accommodations, equipment,
        and compensatory strategies based upon their widely varying needs. Many make use of
        adaptive technology, especially print to voice conversion using a scanner and voice
        production software. Textbooks are often converted and put on disks for later use. Others
        use taped textbooks or equipment to enlarge print (closed circuit television [CCTV]) or
        actual enlargements.

[Video Clip: ASD Project: The Student Panel Video
1:34 – 1:57 Sachin – ―I‘m visually impaired. In classes when instructors have transparencies, I
can‘t see anything on the transparencies. Or if they ask us to do, like, in-class work, like, read up
something and do something immediately in class, that‘s something I can‘t do.‖]

Possible Common Accommodations:                               Possible Instructional Techniques:
Alternate Format Materials                                    Access to Class Notes
Auxiliary Aids                                                Comprehensive Syllabus
Exam Accommodations                                           Cooperative Group Projects
Lab Adaptations or Assistants                                 Exam Aids
Orientation to Classroom                                      Guided Notes
Seating Arrangements                                          Multi-modality Instruction
Service Dogs                                                  Study Aids
                                                              Web-based Course Supplements


Deaf or Hard of Hearing

Description

       Individuals who are deaf or hard of hearing rely upon visual input rather than auditory
        input when communicating. Using visual aspects of communication (body language,
        gestures, and facial expression) often feels awkward to people who are accustomed to
        auditory input; however, it is essential that faculty learn to effectively communicate with


                                                        28
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
        students who are deaf or hard of hearing. Make sure you have a deaf student's attention
        before speaking. A light touch on the shoulder, a wave, or other visual signal will help.

       Students who are deaf or hard of hearing do not all have the same characteristics.
        Some have a measure of usable residual hearing and use a device to amplify sounds (FM
        system). Some choose to speak; others use very little or no oral communication. Some
        students are extremely adept at speech reading, while others have very limited ability to
        "read lips." For some, sign language and/or finger spelling are the preferred means of
        communication; other communication choices include gestures and writing. Most
        students who are deaf or hard of hearing have experience communicating with the
        hearing population. Let them be the guide on how best to communicate.

[Video Clip: ASD Project: The Student Panel Video, 3:05 – 3:29?? Justin: My disability is
my hearing loss. I have an 80% hearing loss in both ears, which means if I take my hearing aides
out I can barely hear. A lot of times deaf people have an interpreter to interpret for them, but I'm
not fluent in sign language. And so I lip read and that always helps. So if I sit in front, that
helps.]

Possible Common Accommodations:                               Possible Instructional Techniques:
Auxiliary Aids                                                Access to Class Notes
Exam Accommodations                                           Adjustment in Oral Presentation (e.g., pace
Real-Time Captioning                                          of speech, rules for speaking during
Seating Arrangements                                          discussions)
Sign Language Interpreter/Interpreting                        Comprehensive Syllabus
   Services                                                   Cooperative Group Projects
                                                              Exam Aids
                                                              Guided Notes
                                                              Multi-modality Instruction
                                                              Study Aids
                                                              Web-based Course Supplements




                                                        29
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

----------------------------------------------------------------------------------------------------------
Suggestions for Faculty:

How can you as a faculty member accommodate students with disabilities in your classroom?

You can:

1. Create a welcoming class environment. Incorporate, read, and emphasize a disability
statement on the syllabus that openly expresses a willingness to provide accommodations.
Faculty can read the disability statement to the class at the beginning of the course and then
restate it at a later date. Having and calling attention to such a statement facilitates open
communication and establishes a positive classroom environment. <Link to Disclosure>

2. Know your rights and responsibilities.

        Your obligation to accommodate begins when a student who is registered with Disability
         Support Services (DSS) <insert hot link to specific institution’s Disability Services>
         discloses their disability to you and requests accommodations. However, you do not
         have to provide accommodations for a student who is not registered with DSS. While
         you do not have to provide an accommodation for a student who is not registered with
         DSS, in instances when the need is obvious (such as a student rolls up in a wheelchair
         asking about room access) and the solution is under your control, you can grant the
         request without involving DSS. However, if the need for accommodations is not
         obvious, if you have any doubts about when and how to accommodate a student, if there
         is a dispute over needed accommodations, or if the accommodation request involves
         policies outside the classroom or additional resources, you should always contact DSS.

        You should request that the student provide you with an official accommodation
         letter/form from your DSS office that describes the approved accommodations for that
         particular student. The only documentation that faculty have the right to see is the letter
         or document provided by DSS verifying a student‘s disability and eligibility for
         accommodations. <Link to Confidentiality and Documentation>

        If a student discloses a disability and he/she is not registered with the DSS office, you
         should inform the student that DSS exists and that they can provide services and
         information

        Determining accommodations ideally is a collaborative process. The student and DSS
         determine accommodations appropriate for the student, whereas you determine the
         fundamental goals and expectations for a given course and negotiate with the student and
         the DSS office to insure that the suggested accommodations will give the student equal
         access to the curriculum. You are not obligated to make an accommodation that will
         fundamentally alter the nature of a program or create an undue financial or administrative
         burden on the institution<5>.


                                                         30
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

       When you, a student, and DSS cannot agree on appropriate accommodations, the initial
        decision on accommodations is made by DSS unless clearly stated otherwise in policy.
        However, there is a grievance process designed to protect you and the student if either of
        you disagree with this initial decision. See Grievance Procedures for more information.

       Because accommodations are not retroactive<5>, you do not have to modify grades
        earned before a student requested accommodations.

       You should hold students with disabilities to the same academic standards as those
        without disabilities.

[Make a Difference 13:15]
―Your academic standards or course content should not be modified. You may need to modify
the presentation and form of evaluation. But hold all students to the same standards. This
ensures that all students receive the same quality education.‖

3. Recognize the need for alternative media and notify DSS in a timely fashion of
alternative media needs. If a student requests alternate format materials, please provide DSS
with syllabi, textbooks, course packets etc., well before classes begin (several weeks prior to the
start of the semester is recommended) in order for students with disabilities to use alternative
media when all other students have course materials<4>. With such timely consideration,
students who have alternative media needs for accommodations and instructional access will be
best served. Converting print materials is both labor and time intensive. Alternative media may
be print material in Braille, on audiotapes, scanned onto discs, or enlarged.

In addition, work with your DSS to ensure that all audiovisual materials used in class are
accessible. For example, ensure that:

       videos shown are captioned for students who are deaf or hard of hearing;
       VCR equipment used has captioning capabilities;
       videos shown will be made with auditory description in some way; or
       written or Brailled transcripts will be provided, etc.

4. Recognize diversity in learning through Universal Design for Learning (UDL)
techniques. Universal design is an approach to designing course instruction, materials, and
content to benefit people of all learning styles without adaptation or retrofitting. By
incorporating Universal Design principles in instruction that allow students with disabilities
access to the classroom, you may also be designing instruction that works better for everyone in
the class. Classes designed with this concept in mind offer a variety of methods of content
presentation, flexible teaching strategies, and options for demonstrating mastery of course
content.

[Video - Working Together: Faculty and Students with Disabilities 4:16 – 4:45]



                                                        31
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
        (Chemistry student in wheelchair speaking to viewer)
        "The most important thing is to be flexible. Different students having different strengths,
        different ways of learning. Some are orally oriented, other ones are visually oriented, and
        some are task oriented in order to do things. The good teacher is a teacher that mixes up
        the lesson such a way that each lesson plan has all 3 or more different ways of learning
        involving lesson plans that reaches out to all students."

By incorporating variety in course presentation, faculty are encouraging all forms of learning
which benefits all students, with and without disabilities. Some examples of good UDL practices
include:
     Providing your syllabus and course handouts in hard-copy form and in a computer-
       friendly document that can be accessed on the Internet. All course materials posted to the
       Internet should follow principles of web accessibility to ensure maximum access for users
       with and without disabilities. <link to Web Accessibility & AT FAME>
     Using multi-modal instruction such as lecture, small group discussion, videos, hands-on
       activities, etc.
     Providing alternate means of expression. Giving students the option of alternative but
       equally rigorous assignments such as choosing between a written paper and an oral
       presentation takes into consideration students‘ learning styles, abilities, and preferences
       and thus maximizes learning.
     Providing handouts of your Power Point presentation or transparencies to students so they
       can follow along. Also, verbally explain any visuals that may be included in your
       presentation.
     Providing guided notes.
     Giving exams in multiple formats, such as multiple-choice, essay, fill-in-the-blank, etc.
     Repeat/rephrase questions.

<Link to UDL FAME>

5. Provide an assignment timeline. Create a detailed timeline for long-term or in-depth
assignments. A timeline will assist students in pacing their workload and goals for an
assignment. A possible timeline could include due dates for a topic choice, research, rough
drafts, and other components that make up the final assignment.

6. Summarize material. Begin each class with a short 2-3 minute review of what was covered
in the previous class before beginning a new lesson. This review will refresh students on the
material and give them an opportunity to ask questions.

7. Know your institution’s resources to help students. Examples of possible campus
resources to assist with student learning or classroom access are:
     Assistive/adaptive technology center
     Americans with Disabilities Act (AD) Coordinator‘s Office
     Counseling services
     Disability Support Services (DSS)


                                                        32
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
        On campus transportation
        Referral services to campus or community organizations
        Tutoring program
        Writing center

---------------------------------------------------------------------------------------------------------------------
Responsibilities of Students:

Students should:

        Know and follow proper procedures for obtaining accommodations<5>. Faculty can
         assist students in becoming self-advocates by knowing about and referring students to
         various services, including Disability Support Services (DSS) and other campus
         resources.

        Request accommodations early and privately. The sooner the student makes the request
         for accommodations known to faculty and DSS, the sooner the student can experience the
         benefits of the accommodation.

                           [Video Clip: ADD – The Race Inside My Head 30:42 – 31:09. I've had
                           teachers go above and beyond the call of duty in every occasion. I've
                           found that as soon as they get the letter from the DSS here, I talk with
                           them generally a week after, and I find that if I talk with the professor and
                           if I touch base with them, then from that point on it's easy going.]

        Pick up an accommodation letter/form. When arranging for exam accommodations, the
         student should follow Disability Support Services‘ procedures for making testing
         arrangements. The student should set up an appointment to meet privately with the
         instructor to collaboratively complete the form. The form should be returned as soon as
         possible to the DSS office.

                           [Video Clip: ADD – The Race Inside My Head 31:09 – 31:23 "I think
                           its important to have that conversation with them first, before anything
                           else happens and before that first exam. You‘re walking up with the sheet
                           saying, I want to take my test proctored. And they‘re saying excuse me?]

        Communicate their needs using a variety of examples. The student should articulate their
         needs by describing how the professor's instructional techniques or course assignments
         impact their disability.

        Familiarize themselves with a variety of accommodations. The DSS office and the
         student should identify what accommodations will assist the student in accessing the
         course content.




                                                         33
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
                           [Video Clip: The ASD Project: Student Panel Video. 3:42 – 4:04.
                           Pablo: "When I first arrived I got an interpreter, but I took my notes
                           completely myself. I realized I missed a lot of information doing that.
                           When I was taking notes, I couldn't look at the interpreter or, so I would
                           miss some of the information. When an extra note taker is there, I could
                           watch my interpreter the whole time and not lose my notes."]

        Work collaboratively to inform DSS of course materials needed in alternate formats. The
         student and faculty member should work together to inform the DSS office of print
         materials needed in alternate formats several weeks prior to the semester the materials
         will be used. Notifying DSS early for alternate format materials will help guarantee
         access to course materials in a timely fashion. Failure to respond in a timely matter may
         jeopardize the student's success in the course.

                           [Video Clip: The ASD Project: Student Panel Video: 10:14 – 10:38.
                           "Most of my professors were pretty helpful. They tried their best to help
                           me out. In one of my computer classes, one of my professors for a
                           programming class was cool. She was extremely flexible, and all
                           materials that I needed she always had it at the DRC beforehand and there
                           were no delays.]

        Notify the instructor and the DSS office immediately when accommodations are not met.
         As soon as the student realizes the identified accommodations are not being provided
         completely or correctly, the student should immediately contact the DSS office and the
         instructor to clarify what the accommodations are for that particular class.

        Maintain credibility with the faculty member. Students are expected to keep all advanced
         knowledge of tests, assignments, and activities shared for the purpose of meeting an
         individual's accommodation needs confidential, unless otherwise specified by the
         professor.
---------------------------------------------------------------------------------------------------------------------
Responsibilities of Disability Support Services (DSS):

DSS should:
                     Assist students with disabilities in understanding their functional limitations
                      related to their disability and in recognizing strengths that help them
                      compensate for their limitations.

                     Understand what the student brings to the learning environment, and then
                      identify services and accommodations on an individualized basis and in
                      collaboration with the student and faculty member.

                           [Video Clip: ADD: The Race Inside My Head. 12:12 –12:35. Bonnie
                           McClellan, Learning Disabilities Specialist: ―They really have to
                           understand the frustrations and the powers that this person brings to the


                                                         34
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
                          learning environment and then try to individualize services and
                          accommodations for what would be most appropriate for that person.‖]

                     Communicate to students what qualifies as a reasonable accommodation.
                      DSS has the responsibility to insure that students with disabilities understand
                      that individualizing accommodations at the college level does not mean
                      modifying the fundamental or essential skills and knowledge being taught, nor
                      does it ensure success for the student in a particular course.
                     Assist students with disabilities in exploring various accommodations that
                      give them equal access to the course content.

                          [Video Clip: ADD: The Race Inside My Head. 21:01-22:08. As service
                          providers, we have a special challenge with working with students with
                          attention deficit disorders. The usual accommodations, the
                          accommodations we might use with students with learning disabilities,
                          may or may not be the appropriate accommodations for the student that
                          has attention deficit disorder. It is very individual, but it is also very
                          distinct for a student with attention deficit disorder. For example,
                          extended time on tests probably is the accommodation most requested by
                          students. Often an ADD student will say ―I don‘t want extra time. Just let
                          me get in and let me get out, okay?‖ But extended time can be a very
                          valuable accommodation. It can provide for that student to lose
                          concentration, to move around a little bit, to regroup themselves and also
                          then go back over that test.‖ So, it would depend on the needs of that
                          student. But a student may not always know that extra time is a good
                          accommodation for them. As a service provider, I have to assist them in
                          looking at those issues.‖

                     Inform students about the availability of auxiliary aids and the range of
                      possible modifications as well as the procedures for requesting them.

                     Administer exams in a monitored and secure environment.

                     Provide print materials in alternative formats in a timely fashion<5>. DSS has
                      the responsibility to provide materials in accessible formats once they have
                      been identified by the student and faculty member.

                          [Video Clip: Do It, Building the Team 5:27-6:00 Tim: ―One of the
                          major accommodations I use is, the university provides my class materials,
                          all the handouts that the other students receives on paper, they give them
                          to me in electronic format, so I‘m able to read them with my computer,
                          which uses speech synthesis to actually read the material out loud to me.‖]




                                                        35
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.


                  References for Accommodations Section & Glossary (Acknowledgements):

Barr, V. (2002). Foreword. In L. Brinckerhoff, J. McGuire, & S. Shaw, Postsecondary education and transition
      for students with learning disabilities, (2nd ed). Austin, TX: Pro-Ed.

The Fast Facts for Faculty Series. Publications developed through the Ohio State University Partnership Grant, a
     grant received form the U.S. Department of Education, Office of Postsecondary Education (OPE), from 1999-
     2002, (#P333A990046). Available on-line at: www.osu.edu/grants/dpg

Field, S., Martin, J., Miller, R., Ward, M. & Wehmeyer, M. (1998). A practical guide to teaching self-determination.
          Austin, TX: PRO-ED.

Gordon, M. & Keiser, S. (1998). Accommodations in higher education under the Americans with Disabilities Act
     (ADA): A no-nonsense guide for clinicians, educators, administrators, and lawyers. DeWitt, NY: GSI
     Publications.

Lissner, Scott L., ADA Coordinator, The Ohio State University. (1998) Course Accommodations for Students with
      Disabilities: Your Rights and Responsibilities. Unpublished manuscript.

Martin, J., & Huber Marshall, L. (1995). ChoiceMaker: A comprehensive self-determination transition program.
         Intervention in School and Clinic, 30, 147-156.

Salzberg, C., Hardman, D., Price, E., & Morgan, R. (2002). Accommodating students with disabilities in higher
     education, participant’s handbook (2nd ed): Preparing faculty & teaching assistants to accommodate students
     with disabilities. Logan, UT: Utah State University, Department of Special Education and Rehabilitation.
     Development of materials supported under grant #P333A990006 from the U.S. Department of Education,
     Office of Postsecondary Education (OPE) and by Utah State University, Department of Special Education
     and Rehabilitation, Disability Resource Center, and Center for Persons with Disabilities (Document
     PH20021220). Project information available on-line at: http://asd.usu.edu/




                                                        36
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                   Unit 5: Grievance Procedures
Definition:

       Typically students with disabilities progress through their programs with complaints that
        are no more frequent and no different from any other student. Most accommodations are
        implemented with relatively few concerns that can be worked out between the student,
        faculty member, and Disability Support Services (DSS). Occasionally, however, a
        student believes he or she has been subjected to discrimination or harassment. There are
        also times when a student, a faculty member, and DSS cannot agree on appropriate
        accommodations. The law requires that institutions identify a grievance process<6> to
        resolve those situations.

       While the process will be shaped by each institution‘s policies, there are some basic
        elements institutional policies will have in common. Discrimination and harassment
        based on disability are similar to discrimination and harassment based on race, gender, or
        ethnicity, so there can be a single process to cover these. However, accommodation
        issues are unique to disability and there typically will be a separate process for
        complaints about accommodations.

       There are four basic stages to a grievance. These stages are stepwise; that is, if
        complaints cannot be resolved at initial stages, subsequent stages are implemented on an
        as-needed basis. The four stages are informal procedures, formal review, appeal, and
        third-party involvement:

        1) Informal procedures. Most institutions identify an informal stage as the first step in
        responding to a complaint. Informal processes identify an institutional representative
        (such as an ADA Coordinator, Dean, Judicial Affairs Officer or <customized link to
        institution‘s representative>) to mediate a resolution. The mediator‘s role is to help
        individuals on both sides of a complaint understand each other‘s positions. In instances
        when complaints are based on unreasonable expectations or misunderstandings, the
        informal process provides a less adversarial environment where an individual can more
        easily withdraw their complaint. When complaints have a more grounded basis, the goal
        is to find a compromise or common ground that would be, if not a win-win, then at least a
        satisfied-satisfied situation.


        2) Formal review. The second stage is a formal review of the complaint by a designated
        institutional representative (a grievance officer or a grievance committee) who will
        investigate the facts surrounding the complaint by taking statements from all parties,
        interviewing technical experts or witnesses, etc. There is typically a time limit to the fact-
        finding, which may conclude with a hearing. At the conclusion of the process, the
        institutional representative makes a judgment.



                                                        37
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

         3) Appeal of initial ruling. If either side of a complaint is unhappy with the initial
         judgment, they can move to the third stage by filing an appeal of the initial judgment.
         Appeals may be heard by an upper-level administrator of a committee. There is usually a
         short timeline for decisions that are based on a petition or letter written by the individual
         requesting the appeal, and typically the process includes a review of the information
         gathered in the initial fact-finding in the context of institutional policy. In some cases,
         there may be additional fact-finding and at some institutions, there may be 2 or more
         levels of appeal.

         4) Third-party involvement. The final stage, if the individual is not satisfied with the
         internal process, is to go outside the institution and file complaints with outside agencies.
         Most often, an outside agency would be the Federal Department of Education‘s Office for
         Civil Rights (OCR), but it could also be the Department of Justice for a private college, a
         State level civil rights agency, or a suit filed in Federal Court<6>.
---------------------------------------------------------------------------------------------------------------------
Frequently Asked Questions (FAQs) about Grievance Procedures:

What does federal law require with regards to disability discrimination-related grievances?

        The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act
         require every institution to provide informal and formal procedures for the resolution of
         disability discrimination complaints, including disagreements about reasonable
         accommodations and complaints of harassment<6>. Formal grievance procedures must
         assure due process in resolving discrimination complaints regarding disability.

What types of things are “grievable”?

        Whether they are general or disability-specific, formal or informal grievance processes
         need to be able to address a range of circumstances including:

              a student who does not believe he/she has been given the accommodations that
               are needed;
              a faculty member or administrator who feels that an accommodation
               fundamentally alters an essential aspect of a course or program;
              a student who believes that he/she has been excluded from participation or judged
               based solely on stereotype or perception of disability;
              complaints of harassment based on disability;
              complaints of harassment or retaliation while receiving accommodations or
               during previous resolution attempts.

What about disputes on accommodations?

        When the issue is accommodations, there is an additional stage at the beginning of the
         grievance process. When a student and faculty member cannot agree on an


                                                         38
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
         accommodation, the Disability Support Services (DSS) office first determines what
         accommodations are appropriate to the student‘s needs and then guides a conversation
         between the student and faculty member, exploring the accommodation‘s impact on the
         course and alternative accommodations. If no agreement can be reached, there must be
         an initial decision on what accommodations are appropriate <6>. Since the individual
         from DSS was hired to evaluate accommodations, he/she is the decision maker of first
         resort unless policy explicitly states otherwise. If the student or faculty member
         disagrees, either can initiate the grievance process described above.

What if a student is receiving accommodations when a grievance is initiated?

        The student should continue to receive accommodations throughout the grievance
         process, unless and until a final ruling is made that the accommodations the student is
         receiving are not appropriate and should be discontinued or changed.

--------------------------------------------------------------------------------------------------------------------
Suggestions for Faculty:

         1. Remember that the grievance process is designed to protect students and faculty
            members from further injury or litigation.
         2. Remember that grievances are always very real to the person bringing them forward,
            even if the grievance is later determined as unfounded. Always respect the
            offended student’s complaint.
         3. Remember that presenting a complaint against a faculty member can be just as
            stressful for the student as it is for the one against which a complaint is filed. The
            student may be conflicted about the situation and may find it difficult to
            approach the faculty member. Additionally, he or she may not be certain as to
            when to file a complaint (such as before or after grades are turned in) and may
            fear repercussions for their actions.
         4. Know your institution’s grievance procedures. Your institution‘s DSS office can
            point out when and how grievances are made in relation to disability, what the
            general grievance policy is, and under what circumstances a specific grievance
            process is necessary.
         5. Follow your institution’s guidelines for grievance procedures. Both the faculty
            member and the student should not try to resolve a dispute apart from their
            institution‘s guidelines.
         6. Begin by referring the claimant to the informal resolution procedure and remind
            him or her that it is important to follow the rules, even for the informal process.
         7. Allow the claimant to fully express their problems and experiences.
         8. Respect the sensitivity and confidentiality of the complaint and related
            information.
         9. Remember that there can be no retaliation. Treat the student as you do all other
            students during and after the grievance process.




                                                         39
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.



---------------------------------------------------------------------------------------------------------------------
Responsibilities of Students:

Students should:

        Understand their rights related to the grievance process. Students have a right to file a
         grievance. Students also have a right to receive accommodations throughout the
         grievance process, which may take more than the semester to resolve.

        Follow their institution's grievance policy and procedures. The student will be asked if
         they contacted the appropriate parties to inform them of the problem before filing a
         grievance.
---------------------------------------------------------------------------------------------------------------------
Responsibilities of Disability Support Services (DSS):

DSS should:

                     Inform students about their right to appeal. If a request for an accommodation
                      is denied, DSS has the responsibility to inform the individual of his or her
                      right to appeal the decision and the procedures for initiating the appeal.

                     Assist students in resolving problems. When students with difficulties report
                      having difficulties, DSS has the responsibility to act as the first line of
                      communication in an attempt to resolve the issues before a formal grievance
                      process is initiated. DSS can assist with conflict resolution by participating in
                      faculty/student discussions and contacting key administrative personnel in an
                      effort to clarify needed accommodations.

                               [Video Clip: ADD: The Race Inside My Head. 11:53 – 12:55.
                               There are actually many challenges and they are to many different
                               persons in the college environment. To the student, the challenge is to
                               now take control over their own lives, over their own studies, and their
                               own learning. That requires a lot of self-knowledge. For the faculty
                               member who has that student in class, there‘s another set of
                               challenges. The faculty is suddenly working with someone who they
                               really may not understand. And their perceptions of what is happening
                               may not always be what is really going on. So, we need to educate
                               and work with that as well.]

  ----------------------------------------------------------------------------------------------------------------




                                                         40
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
---------------------------------------------------------------------------------------------------------------------

                        Links to Sample Grievance Procedures and References:

U.S. Department of Education, Office for Civil Rights (OCR) -
http://www.ed.gov/offices/OCR/grievance.html

Beliot College - http://www.beloit.edu/~dss/faculty/grievance_procedures.htm

Rice University - http://dacnet.rice.edu/services/dss/content.cfm?PageID=7

MIT - http://web.mit.edu/hr/benefits/dis_grievance.html

Northwestern - http://www.northwestern.edu/disability/policies/grievance.html

Louisiana Tech - http://www.latech.edu/ods/grievance.html

Purdue - http://www.purdue.edu/oop/univregs/pages/state_equal/grievance.html

Ohio State University – http://ada.osu.edu




                                                         41
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.



                                           The Case of Audrey
[Video – Working Together: Faculty and Students with Disabilities]

Introductory Clip

(1:42-1:53) (Professor speaking to viewer)
       "I must confess, I had similar misgivings about having students with disabilities in
science laboratories and other teaching and learning situations."

Biology Class Lecture - 200 students:
        Professor explains the course syllabus that includes information about the lab
       experiments that are to be completed by the students.

(Using a wheelchair, a student named Audrey approaches her professor after class.)

Audrey: "I am concerned about completing the labs on time when there are so many students
that will be competing for lab space. I don't know if I will be able to reach the lab benches or
have access to the microscopes. I may also need some assistance in physically doing the
experiments because of coordination problems. I would like to know how I can complete my
assignments and do well in this course. I am registered with the Disability Support Services
office here on campus.‖

If you were the professor in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
        ―I‘ve often wondered what I would do if I encountered a situation such as this. You
should contact Disability Support Services to see if they can help us with the accommodations
process. This will help us identify course accommodations for students in the future.‖

(Response #2)
        ―There are 200 students in this class and we are cramped for bench space. I‘m not sure
what to do about this situation. Maybe you should contact Disability Support Services to find
out what you need to do or get one of your classmates to help you. I‘m sorry, but I simply am at
a loss about how to proceed. ‖

(Response #3)
        "We have an adaptive lab station for students with disabilities already set up. I will
arrange for a TA to be available during normal lab hours to assist you with the experiments. Or,
I can pair you with one of your fellow classmates. Please call me to set up an appointment to
discuss privately how my staff and I can assist you.‖


                                                         42
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
------------------------------------------------------------------------------------------------------------
                  [Response Critiques for Each Selected Response]

Response 1:
Somewhat appropriate. This response is welcoming and honest in that the faculty member is
being direct about not knowing what to do. However, the professor passively participates in the
accommodations process. The professor is willing to do what he/she is told but does not take an
active role in brainstorming accommodations with the student, nor does he/she take an active
role in finding out about departmental resources or policy. Furthermore, the professor‘s response
does not acknowledge the skills and resources both the professor and student bring to the
situation. The student has excellent advocacy skills. She makes her professor aware of her
accommodation needs right away and articulates how her disability will potentially impact her
performance in the lab setting. Additionally, her accommodation need is obvious – she is a
student with a mobility impairment who visibly needs access to the lab equipment. Thus, though
working collaboratively with DSS may prove useful to brainstorm solutions neither the professor
nor the student may be aware of, it may be appropriate for the professor and the student to devise
an arrangement on their own that would then set the stage for accommodations for students with
disabilities in future classes.

Response 2:
Least appropriate. The professor is being honest about not knowing what to do. However, the
response is somewhat unwelcoming, taking an ―I don‘t know, it‘s your responsibility‖ attitude.
The main problem with this response is that the professor is focusing on barriers and not
solutions. He/she does not take any type of proactive or even participatory role in working with
the student to determine accommodations, nor does he/she identify next steps as to how the
professor and student should proceed together in the accommodations process. By pointing out
barriers and other people‘s roles, the professor essentially removes himself/herself from any
responsibility in the coordination of accommodations.

Response 3:
Most appropriate. The professor is clearly willing to accommodate the student by being flexible
and thinking ahead, appropriately creating an adaptive lab station for students with disabilities.
The professor is also willing to make arrangements for Audrey to have assistance during her
normal lab time to avoid restricting her opportunity to interact with fellow classmates. In this
instance, Disability Support Services (DSS) does not need to be contacted because both the
professor and Audrey have collaboratively addressed a visible accommodation need and have
devised a plan of action that can be utilized in future classes for students with disabilities.
    ------------------------------------------------------------------------------------------------------------
                                             Student Perspectives

[Video - Working Together: Faculty and Students with Disabilities 4:16 – 4:45]
       (Chemistry student in wheelchair speaking to viewer)
       "The most important thing is to be flexible. Different students having different strengths,
       different ways of learning. Some are orally oriented, other ones are visually oriented, and
       some are task oriented in order to do things. The good teacher is a teacher that mixes up


                                                         43
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
        the lesson such a way that each lesson plan has all 3 or more different ways of learning
        involving lesson plans that reaches out to all students."

Do-It, University of Washington, Equal Access Video; Universal Access is the Law: (21:07-
21:19)
Narrator: ―In planning a computer lab, universal design is crucial. That means thinking about
every potential visitor‘s abilities and disabilities. It‘s not just a good idea, it‘s also the law.‖
Dan: It‘s clear from the Americans With Disabilities Act and earlier legislation affecting public
institutions that providing access is a requirement.‖ (21:20-21:30)




                                                        44
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
                                       The Case of Mike, Part 1
A student is sitting in parked car in front of classroom building. The student is dressed in sweats
and has an unkempt appearance. The student is struggling with going into the classroom, or
calling the professor and leaving a message saying he will not be in class.

He leaves a message:
Professor Brown, this is Mike Whittier from your Psychology 101 class. Um, I cannot make
class today. I’m sorry I didn’t make it last week either. I will try to come to your office hours
tomorrow.

The next day:
Mike approaches his professor slowly, once again looking unkempt, and also looking
disinterested.
Could you please tell me what I missed in class yesterday and last week? I know there was an
assignment due yesterday. I was wondering if I could turn it in now, along with an assignment
from last week. Your syllabus says you do not accept late papers, but well, I just couldn’t come
to class. The papers were complete. I was at the building yesterday; I just couldn’t come in.

The professor sighing loudly:
I’ve noticed you have been having trouble lately…you are very disinterested in class. I’m not
sure if I can help you. You need to show an active interest in my class for me to exercise an
interest in you beyond the classroom.

Mike:
I know…I don’t know. (Sigh) I know I should have told you before, but I thought I could make it
through the quarter without making my depression an issue. I try. Everyday, I try. But it’s
hard. This visit is my attempt at showing interest. You sent out grades last week, and I want to
know if there’s any way the grades can be improved…I did the work.

If you were the professor in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible response choices:

(Response #1)
I‘m not sure what to do in a situation like this. I have never had a student come to me with a
problem like this before. Do you tell all of your instructors? How do they respond? Maybe we
should set up a way to communicate when you are having a bad day. Are you registered with
Disability Support Services?

(Response #2)
 I understand. Everyone has bad days sometimes, including me. However, we all have to find
whatever we need to work out our personal problems. I don‘t know what specific problems are
affecting you right now, but you need to be able to differentiate them from your academics. You



                                                         45
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
do need to try harder. Take care of yourself. And show up to class more. Then maybe your
grades will improve.

(Response #3)
I will accept today‘s visit as your interest. I still would like to see you in class more because that
is the best way for you to improve your grades. I am willing to accept your papers, late, just this
once. I think it is only fair that I deduct five points for turning them in late; that‘s what I do with
all students when I accept late work. We should contact Disability Support Services to assist us
in working together to ensure that you benefit to the best of your abilities in this class while
creating a learning environment that is fair to the other students.
------------------------------------------------------------------------------------------------------------
                  [Response Critiques for Each Selected Response]

Response 1:
Somewhat appropriate. The professor is being open and honest about not knowing what to do.
The professor correctly engages the student in the problem-solving process by asking what other
instructors do in this situation. He also appropriately asks if the student is registered with
Disability Support Services. However, the professor does not touch upon the immediate issue of
whether or not to accept Mike‘s late work in the context of maintaining equitable course
standards. It may be the case that the professor needs to consult with Disability Support Services
(DSS) before making a decision in order to clarify his/her rights or responsibilities regarding fair
grading policy in instances such as this when a student discloses a disability later in the semester.

Response 2:
Least appropriate. The professor implies that the student is in the wrong and gives advice that
assumes that the student merely needs to change his behavior. The professor minimizes the
gravity of the disability and erroneously assumes that depression is controllable and is the same
thing as having ―the blues.‖ The professor essentially removes himself/herself from the
problem-solving process and places sole responsibility on the student for course outcomes.

Response 3:
Most appropriate. The professor correctly proposes solutions that attempt to balance the
student‘s individual needs with standards for evaluating class performance. The professor is
clearly on the right track by encouraging Mike to attend class and by maintaining equal standards
for all students. The professor also appropriately suggests the involvement of Disability Support
Services (DSS) to establish clear procedures for the remainder of the course on attendance and
grading.
------------------------------------------------------------------------------------------------------------
                                             Student Perspectives

[Insert clips from following videos]:
―Building the Team: Faculty, Staff, and Students Working Together‖ Student Views (6:35-
6:50)- ―I always appreciated when a professor asked me what I needed and did not make the
assumption that they knew what I needed. And they heard me and respected, and tried to flex.‖



                                                        46
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
―And You Can Quote Me On That‖ [21:59-22:19]- ―My anxiety disorder puts me at a
disadvantage and I‘ve had to fight through many of my own physical limitations, but it‘s a part
of me, and I wouldn‘t give it up, it helps drive me to do what I do and move the way I do.‖
(Rebecca)




                                                        47
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                           The Case of Gordon
Video Clip:
Do-It, University of Washington: Equal Access
[21:07-21:10] Narrator: In planning a computer lab, universal design is crucial. That means
              thinking about every potential visitor‘s abilities and disabilities. It‘s not just a
              good idea, it‘s also the law.
[21:20-21:30] Dan: It‘s clear from the American‘s with Disabilities Act and earlier legislation
              affecting public institutions that providing equitable access is a requirement.

---------------------------------------------------------------------------------------------------------------------
Set in a large lecture hall

 (Professor to class)
―Welcome to the first day of Programming 101. We will be meeting here in this lecture hall on
Mondays and Wednesdays. Your labs will be held in McDougal Hall, in various computer labs,
depending on which section you signed up for. . . . ‖

Student in wheelchair realizes that the computer lab might not be accessible and wonders
whether or not he should simply show up to the lab and risk it, or check before he goes. He
decides to talk to the professor after class.

(Student meets the Professor in the front of the hall)
 ―Hi Professor Martin, I‘m Gordon Chang. I‘m not familiar with McDougal Hall. Before I go, I
wanted to make sure that my section lab is accessible.‖

If you were the professor in this situation, how would you respond?
---------------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
―Why don‘t you trying contacting the manager of the building? He will be able to
tell you whether or not it‘s accessible, then you can go from there. If it isn‘t,
please email me and we‘ll work something out. I know there are accessible
computer labs on campus.‖

(Response #2)
―I‘ve actually never had this sort of question before. Why don‘t you plan on
going to your section lab and taking this matter up with your T.A.? If you have
problems with access, then we‘ll set up an alternative arrangement, such as
switching lab sections.




                                                         48
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
(Response #3)
―I‘m really not sure if the lab is accessible or not. What do your other teachers do
when a room isn‘t accessible? I need to make sure every student is held to the
same expectations. Tell you what, I will find out what labs are accessible and we
can set up a meeting to make arrangements as necessary, such as switching lab
sections.
--------------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Somewhat appropriate. The professor is being open and helpful about finding an alternate lab, if
needed. The professor also encourages the student to be proactive and to find out if a room is
accessible ahead of time. However, the professor is not engaging the student in a dialogue to
collaboratively strategize potential solutions, nor does he/she suggest the possible involvement of
Disability Support Services (DSS) to help strategize an appropriate solution.

Response 2:
Least appropriate. While the professor has offered to solve the access problem once identified,
he/she is sending the student to the lab without knowing whether or not the room is accessible.
The professor is also deferring his/her responsibility to the Teaching Assistant without
collaboration. It seems this would be one of the most inefficient ways to go about this. Instead
of leaving the decision to the T.A., the professor should take control and discuss solutions with
the T.A. prior to the start of the student‘s first class. The professor seems to be eliminating
himself/herself as a decision maker by suggesting that the student first speak with the T.A. about
accessibility issues.

Response 3:
Most appropriate. The professor is being open and honest about not knowing what to do. The
professor understands the importance of holding all students to the same standards. Furthermore,
the professor is willing to take on the responsibility of finding out which lab is accessible and is
willing to meet privately with the student to make alternative arrangements in order to meet the
student‘s needs. In this instance, the professor acted appropriately without Disability Support
Services (DSS) to solve the accessibility problem because the student‘s access needs were
obvious and the solution was simple in that it was parallel to switching section labs for any
number of non-disability related reasons, such as a student‘s work schedule.

         Video Clip:

        Make a Difference: Tips for Teaching Students Who Are Blind or Have Low Vision
        (13:15) Host standing alone, following the sitting scene at the art gallery
        ―Your academic standards or course content should not be modified. You may need to
        modify the presentation and form of evaluation. But hold all students to the same
        standards. This ensures that all students receive the same quality education.‖




                                                         49
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                            The Case of Maria

Professor (announcing to class):
I have decided that for your final assignment, you will be required to make a 5-10 minute oral
presentation of your final paper to the class. You will also need to field questions from the class
regarding your paper. I‘ll assign certain members of the class to be responsible for offering
questions as well—so everyone will be responsible for speaking up and asking questions.

Class dismissed.

Maria (staying behind, looks very anxious and distraught; hesitantly approaches the professor):
Professor, um, I need to talk with you about the final assignment. I am hearing-impaired (pushes
hair back a little to show hearing aids). This is why I always get here early and sit at the very
front, but never really speak up in class. When I got the syllabus, I didn‘t think there would be a
problem about completing the assignments. So, I didn‘t say anything. But I think this may
affect the oral presentation you want us to do now. I am very uncomfortable with speaking in
front of a large group of people because of my speech. Many people don‘t understand me well.
I also don‘t know if I will be able to hear the other student‘s questions…

If you were the professor in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
      Professor:
      Okay, yes. I understand. We can definitely work something else out. Would you feel
      more comfortable distributing your paper in a visual format— like a Power Point
      presentation? Or, would you be comfortable with an interpreter? I am open to
      suggestions—so long as we come up with something that will be more or less equal to
      what the other students are doing. Perhaps you‘d like to think on my option or any others
      for a couple of days and get back with me about your choice in the next couple of days—
      by our next class?

         Maria:
         Yes, that does seem like a good option. I think I could do that. But let me think about it
         for a few days, yes, and then I‘ll talk with you at our next class. Thanks for being so
         willing to work with me on this requirement.
------------------------------------------------------------------------------------------------------------
(Response #2)
         Professor:
         I know it‘s partly my fault because I did kind of spring this part of the assignment on the
         class at the last minute. But I do wish you would have brought this up to me at the
         beginning of the class. Are you registered with Disability Services? I just don‘t know
         how you are going to be able to finish this class then. If you would have come to me at


                                                         50
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
        the beginning of the term, I could have saved you from wasting your time for all these
        weeks.

         Maria:
         I‘m sorry. I honestly didn‘t know my hearing would be a problem. I looked over your
         syllabus on the first day of class and paid special attention to the kinds of assignments
         you would ask us to do. Does this mean I can‘t pass this class?
------------------------------------------------------------------------------------------------------------
(Response #3)
         Professor:
         Okay, yes. I understand. We can definitely work something else out. I think instead of
         writing a 10-page final paper, you could write a 20-page paper instead since you can‘t do
         the oral presentation. And you should have it into me then a week ahead of the original
         deadline, perhaps, so that I can give copies to the rest of the class and ask a few of them
         to write questions to you. Then you can compose written responses to their questions,
         okay? Those would all be due when the other students are turning in their final papers.

        Maria:
                 Well, can I think about it for a day or two? And then I‘ll let you know if I can do
                 that?

         Professor:
                  No problem. But the longer you take to decide, the more time you are taking
                  away from actually working on that paper. If you‘re going to take that option,
                  you should probably get started on it right away.
------------------------------------------------------------------------------------------------------------
                  [Response Critiques for Each Selected Response]

                 Response 1:
                 Most appropriate. The professor does not assume a defensive posture and takes
                 responsibility for seeking an appropriate solution. The professor recognizes the
                 student‘s limitations and is willing to be flexible about needed accommodations
                 while maintaining equitable standards.

                 Response 2:
                 Least appropriate. The professor blames the student and puts the student on the
                 defensive. No attempt on the professor‘s part is made to understand and
                 appreciate Maria‘s decision not to disclose. The professor also places all the
                 responsibility on the student and emphasizes barriers, not solutions.

                 Response 3:
                 Somewhat appropriate. The professor demonstrates a willingness to
                 accommodate the student; however, the professor fails to engage the student in a
                 discussion about an alternative assignment. Additionally, the alternative
                 assignment is significantly more rigorous than that expected of fellow students.


                                                        51
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                            The Case of Alicia
Alicia, a student in a History seminar course, has been having recurring migraine headaches for
several months. The migraines have a severe negative impact on her academic life; at times, she
is unable to finish assignments, attend class, or even take part in her typical daily activities.

In class, the migraines have begun to affect her attendance and the professor questions her
absenteeism. Although she is not being forced to disclose her disability, she begins bringing
doctor‘s notes and class excuses in, with the doctor stating her diagnosis as chronic migraines.
The professor, however, feels she is still missing too much class and feels uncomfortable
granting her late assignment privileges on a weekly basis.

If you were the professor in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
―I understand that you have a verifiable need to miss class. Continue to bring in
your medical excuses, and your missed attendance will not count against you.
However, it is your responsibility to keep up on the assignments unless you want
to take an Incomplete.‖

(Response #2)
―Why don‘t you contact our Disability Support Services (DSS) office and meet
with a counselor? They should be able to set up a system where you can give
them your medical excuses and then we‘ll be able to make appropriate
accommodations for this class.‖

(Response #3)
―I understand that you have a valid reason for why you‘re not always able to come
to class. However, I‘m worried that you‘re falling behind. Is there any way you
can meet with me during my office hours and we‘ll go over the assignments and
notes? I just want to keep you up to speed.‖
--------------------------------------------------------------------------------------------------------------
                  [Response Critiques for Each Selected Response]

Response 1:
Least appropriate. The professor should never need to see medical excuses to determine the
validity of a disability. Furthermore, in the case of chronic health conditions, adults rarely go to
the doctor for every recurring episode; therefore, a doctor‘s note would not be available for every
absence. Rather, the professor should encourage the student to contact their institution‘s
Disability Support Services (DSS) office. DSS will review documentation, determine eligibility
for accommodations, and will assist both Alicia and her professor with the process of
determining accommodations, such as boundaries for a flexible attendance policy. In addition,


                                                         52
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
no justification is offered as to why Alicia would need to take an Incomplete in the course. Had
the professor stated that the seminar was dependent on each student sharing work and
contributing to discussion in every class, then attendance would be considered an essential
element of the course and the attendance policy would become less flexible, but this type of
rationale for an Incomplete is not provided.

Response 2:
Most appropriate. Chronic migraines should be treated as any disability; they warrant proper
accommodations. In this case, the student should provide the institution‘s Disability Support
Services (DSS) office with the medical documentation, and DSS, in turn, will make contact with
the professor and collectively determine whether or not flexible attendance and acceptance of
late assignments should be seen as an accommodation. This solution would provide the best
outcomes for both Alicia and her professor.

Response 3:
Somewhat appropriate. Although this course of action might work, it is not the best solution.
Though the professor is clearly trying to help the student, the suggested strategy is not likely to
be effective; the student has no advanced knowledge of her migraines, so there‘s no reason why
she should be able to attend office hours on a regular basis and not class. This solution may also
set up an unreasonable expectation for the student as to how faculty should accommodate her
disability.




                                                        53
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                            The Case of Omar
A professor is about to pass out the first exam of the class to his/her students. The class is small,
consisting of about 12 students. The course thus far has consisted of class discussion and group
work, so the students know each other fairly well. As the professor begins to hand out the exam,
one student asks,

         ―Hey, this desk is empty… where‘s Omar?

Omar is a student with a disability who requires an alternate testing location.

If you were the professor in this situation, how would you respond? Select from the
following response choices:
---------------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
―Omar has a learning disability and requires an alternate testing room.‖

(Response #2)
―You have your test in front of you. Focus on the task at hand.‖

(Response #3)
―Omar and I have a personal agreement which I am not at liberty to discuss. Now please put all
your notes away so we can begin the exam.‖

---------------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Least appropriate. By openly explaining the situation to the other students, the professor has
broken the policy of confidentiality, which gives the student the right to disclose to others or not.
Omar may not want his classmates to know about his disability.

Response 2:
Most appropriate. This response is most appropriate because the professor avoids breaking
confidentiality or drawing attention to Omar‘s situation. The professor does not dwell on his/her
response or give invitations to discuss the matter any further. Disability Support Services (DSS)
offices can help students anticipate situations where accommodations may draw attention and
can help the student develop strategies to cope with these types of situations.

Response 3:
Somewhat appropriate. While this response does not break any policies on confidentiality, it
still draws attention to the situation. So while it is not technically an inappropriate response,


                                                         54
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
there‘s much room for improvement. Such a statement from the professor will draw curiosity
from the other students that could lead to an uncomfortable situation when Omar returns.




                                                        55
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.




                                                        56
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.


                                              The Case of Jim
It is the first exam of a freshman survey course, fall semester. The professor giving the exam
sees that one of the students, Jim, is using notes to take the exam. The professor calls Jim up to
the front to ask him to turn in the test because he is cheating, and Jim becomes upset because he
thinks he needs the notes to get through. When the professor refuses to let Jim use his notes, Jim
tells his instructor that he should be allowed to use his notes or have someone read the test to him
because he has a learning disability; that‘s what they did in high school. When asked if
registered with Disability Support Services (DSS), Jim replies that he is not.

If you were the professor in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
The professor asks Jim if he would like to finish the exam without using his notes, or go to
Disability Support Services (DSS), register with the office, and then schedule a make-up exam
with approved accommodations.

(Response #2)
The professor says, ―Using your notes without prior permission is considered cheating whether
you have a disability or not. You will get a zero on this exam. However, you should contact
Disability Support Services (DSS) so that you can take future exams with accommodations.‖

(Response #3)
The professor says, ―You can finish the exam now using your notes. I will ask my Chair what
Disability Support Services (DSS) thinks is acceptable under these conditions for your next
exam.‖
------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Most appropriate. The professor (correctly) does not assume that the student is automatically
entitled to an accommodation just because he received it in high school. The professor gives the
student a controlled choice that does not include an accommodation (using notes on a test) that
might be inappropriate. Since the academic impact of Jim‘s disability is not obvious, the
professor correctly refers the student to Disability Support Services (DSS) for determination of
appropriate accommodations. The professor allows the student the option to make up the test
with approved accommodations, assuming the student has made an honest mistake in not
understanding the differences in laws and policies surrounding accommodations in high school
versus college environments.




                                                         57
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
Response 2:
Somewhat appropriate. The professor correctly refers the student to Disability Support Services
(DSS) for verification of disability and the coordination of future exam accommodations. Also,
the professor is within his/her rights to give the student a zero on the exam. However, this
response seems rather harsh in light of a freshman‘s first exam; the student may simply not be
aware of the differences in laws and policies surrounding accommodations in high school versus
college environments. Many first-year students may not be aware that there is an office on
campus that can review documentation and help coordinate accommodations.

Response 3:
Least appropriate. The professor is taking Jim‘s concerns and stated learning needs seriously.
However, allowing Jim to use his notes on the exam may be providing him with an inappropriate
accommodation, especially since the academic impact of Jim‘s disability is not known.
Moreover, it is the role of Disability Support Services (DSS) to evaluate documentation and
determine accommodations that would meet the student‘s needs, not the Department Chair‘s.
The professor may wish to discuss with his or her Chair how a particular accommodation
interacts with the fundamental goals and integrity of the course because that is the Chair‘s area of
expertise; however, DSS houses the expertise on matching possible accommodations to the
impact of a disability. While the use of notes or memory cues is sometimes allowed in high
school, it is not likely to be recommended in the college setting.




                                                        58
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                       The Case of Isaac, Part 1
Frank Davidson, a Humanities professor, visits the Dean of the College of Arts and Sciences
with regards to a student‘s grievance regarding accommodations. The student named Isaac has
Tourette‘s Syndrome, an inherited neurological disorder characterized by repeated involuntary
movements and uncontrollable vocal sounds called tics. Occasionally, these tics can include
inappropriate words and phrases.

Professor:
What I don‘t get is…Isaac blurts out answers sometimes during in-class discussions…he
gestures and tics and blurts…which distracts the rest of the class and disrupts my lecture. You
should try teaching under these circumstances. I mean, can‘t he get some medication for his
disorder? Perhaps, then, he could concentrate and behave more appropriately in class, and he
wouldn‘t need extra time on tests. I‘m at the end of my rope…and then, what?...he accuses me
of not being sensitive enough to his so-called disability. That I can‘t believe.

Dean:
While I‘m sensitive to some of your complaints here, I don‘t think that his behavior, as you‘re
describing it, is unmanageable. I think it‘s important that you find a way to work these problems
out with the student. Perhaps some one-on-one discussions would help, in office hours. You
could explain some of your reservations about the student‘s behavior and the two of you could
work out some strategies. And then, perhaps, some of the in-class issues will resolve themselves.
That said, the committee has met on the student‘s grievance that you have refused his request for
test accommodations, and we have decided in the student‘s favor. The class disruption you have
mentioned is a totally separate issue.

But just because he presents a challenge at times doesn‘t disqualify him from receiving certain
accommodations. I‘ve consulted with our Disability Support Services (DSS) and, for example,
he is entitled to a private test setting, and extra time on exams. If you refuse him these
accommodations, I‘ve got to tell you that not only would the institution consider it
insubordination, an actionable violation of your contract, but you would also be on your own. If
the student filed a discrimination lawsuit, the institution would not protect you.

My advice is: meet with the student and try to work things out. But whatever you do, make sure
you‘re offering this student what he is entitled to, under the Americans with Disabilities Act. If
you have any questions about how to do this, meet with our DSS office. They‘ll be willing to
mediate between you and the student.

If you were the professor in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)



                                                         59
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
I still disagree. I don‘t see why this kid can‘t just control himself. I feel like suing him, for
disrupting my class.

(Response #2)
Well, if he drops all the nonsense, I‘ll go ahead and accommodate him. Until then, he‘s just
shooting himself in the foot. It‘s his own fault.

(Response #3)
Okay. I‘ll try to iron things out with him in office hours or with DSS. While I still have
misgivings about the student‘s behavior, I‘ll accommodate him on testing, and whatever else we
owe him.
------------------------------------------------------------------------------------------------------------
                              [Response critiques for each selected response]

Response 1:
Inappropriate. Here, the professor refuses to comply with the dean‘s request. As such, he would
be liable in a lawsuit, and the institution would not protect him. He could be sued, and he could
lose his job.

Response 2:
Inappropriate. While the professor expresses some willingness to bend, he doesn‘t really take
any steps to comprehend the disability. Nor can he simply trade one thing for another: that is,
behavioral changes for accommodations. Moreover, he would still be liable in a lawsuit.

Response 3:
Most appropriate. The only acceptable response, if the professor wants to avoid potentially
damaging litigation, is to accommodate the student. He should otherwise work out any
behavioral problems in private, perhaps with the help of the Disability Support Services (DSS)
office.




                                                        60
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                       The Case of Isaac, Part 2
The professor meets with Disability Support Services (DSS) and Isaac and arranges for DSS to
proctor tests and quizzes with extended time. During the conversation, they also agreed to
switch to a room across the hall that has the door in back. Isaac will sit in the back of the class
so he can step out to the hall if the verbal tics last very long. While not entirely convinced that
the student belongs in class, the professor takes some consolation in the fact that at least he will
not disturb the class as much and not during testing.

It is now the 8th week of the semester, and the Professor is back in the Dean‘s office.

Professor:
I did as you asked. I met with DSS and Isaac. I was surprised that things were going well; none
of the students were complaining. Then about the two weeks ago, the frequency and length of
the disruptions increased. Eight students complained about having difficulty following the class
discussion. Most classes are interrupted 5-8 times in an hour and he is missing the majority of
every class. I know you think I am a biased because of my initial reaction, but I honestly cannot
teach class. What can I do?

Dean:
Did you talk to the DSS Counselor?

Professor:
What good would that do? They are going to side with the student like they did over testing.

Dean:
Let‘s call them and see. (Dean calls DSS Counselor on speaker phone) Isabel, I have Professor
Frank Davidson here, he has the student with Tourette‘s in his class that filed the grievance
earlier this semester. He says the disruptions are so bad that a number of students have
complained and that class is interrupted 5-8 times an hour, what do you think we can do?

DSS Counselor:
I can come by class and observe in the next few days so I can evaluate the situation, and then we
can meet to discuss it.

A week later, the three of them meet and the DSS counselor confirms that the student is
disrupting class based on her classroom observations. She observed that even though Isaac has
access to another student‘s notes, he missed more than half the class on those two days she was
in the classroom and could not effectively participate in class discussion. She speaks with the
professor about next steps.

DSS Counselor:
Isaac‘s disability is not affecting his other credits this semester, a swimming course and an
independent art project. At this point, there are not too many options. How important are the


                                                        61
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
classroom discussions at this point? Could you relax your attendance policy and let the student
share notes and take the tests for the next 4 weeks? If not, what about giving Isaac an
Incomplete or a Withdrawal?

If you were the professor in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
Classroom discussion is important, and while there are not too many weeks left in the semester
he has already, in effect, missed two or three. There is an opportunity for all students to post an
extra critique to the class web page and host a discussion. He could do that in lieu of
participating in discussion – I think that would work.

(Response #2)
I think a Withdrawal is the answer. I don‘t see how we could finish an Incomplete under these
circumstances, and I have already relaxed attendance and participation since he spends so much
time out in the hallway.

(Response #3)
He can stop coming to class and still take the tests, but my attendance policy would lower him a
letter grade with that number of absences. The policy is clearly stated in my syllabus. I don‘t
see how I could make an exception for him and still be fair to my other students.
------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Most appropriate. This response seems to be the best alternative. The student is given a similar
type and level of work to do as a substitute for classroom discussion. Course requirements are
not waived for the student; rather, equitable standards are maintained by coming up with an
alternative to participation that is reasonable and fair.

Response 2:
Somewhat appropriate. While a Withdrawal might work, there is no obvious rationale to explain
why an Incomplete could not be finished. This response seems to be an emotional reaction
rather than a substantive alternative.

Response 3:
Least appropriate. Lowering the grade simply because of course policy is not appropriate in this
instance. If there were specific graded tasks that could not be performed outside of class, then
there would be a rational basis for this suggestion, but that does not appear to be the case here.
Furthermore, and perhaps more importantly, accommodations are a balance of what is
appropriate for the student‘s needs while not compromising an essential element of the course;
therefore the goal should be equitable, not identical, treatment for all students.



                                                         62
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                              The Case of Lois
Imagine that the quarter has just started and a student, who is enrolled in your general education
Statistics course, comes to you during your first office hour. She introduces herself as Lois and
says that she is a TBI survivor and will need double time on all of her tests. You ask her what
TBI is and she explains that it stands for Traumatic Brain Injury. You ask the student if she can
explain how the injury affects her test taking so you can determine the best accommodation. She
says, ―It slows me down‖ and offers no further explanation. You then ask her does she have any
documentation that would allow you to better understand her needs.

Lois says, ―Oh, yeah, my doctor gave me this,‖ and reaches into her knapsack and hands you a
one-inch thick file with neurological evaluations by Dr. Monroe neatly hand written on the
outside. You quickly skim through the file and see that it is full of technical jargon. You then
explain to the student that not being a neurologist, you are not sure what this means. Can she
explain it to you? She says no, but that her high school counselor told her to bring it to college to
show people.

If you were the professor in this situation, how would you respond?
---------------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
You respond to her by saying, ―I will review the documentation and see what accommodation
ideas I can come up with. I will then pass these ideas and documentation along to Disability
Support Services (DSS) and will let you know what DSS and I agree upon.‖

(Response #2)
You respond to her by saying, ―Since you have trouble completing the tests in the normal time
allotted, I will work with my T.A. to arrange for extended time on all your exams.‖

(Response #3)
You respond to her by saying, ―While your documentation is quite exhaustive, I can‘t make
heads or tails of this. Do you know that there is an office on campus that can help you
communicate your needs?‖
---------------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]
Response 1:
Least appropriate. The professor is taking it upon himself/herself to decide what
accommodations are appropriate, but determining eligibility for accommodations is outside of
the professor‘s role. Moreover, the professor runs the risk of under-accommodating, over-
accommodating, or selecting inappropriate accommodations that will not meet the student‘s
needs, possibly resulting in personal liability for the professor. Lastly, faculty do not have the
background to interpret medical documentation, and such documentation contains information
that is highly personal and not relevant to the accommodations process.


                                                         63
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

Response 2:
Somewhat appropriate. While trying to be proactive in meeting the student‘s needs, the
professor is arranging for an accommodation that might be inappropriate. For example, the
professor would have no way of knowing how much extended time was truly appropriate or if
other accommodations were necessary. The assistance of Disability Support Services (DSS) is
necessary here because the student‘s disability is not obvious, and both student and professor are
unclear about the academic impact of the disability and what accommodations are appropriate in
these circumstances.

Response 3:
Most appropriate. The professor correctly encourages the student to register with Disability
Support Services (DSS) and to involve DSS in helping provide accommodations. The professor
seems to recognize that it is not within his/her purview to determine Lois‘ eligibility for
accommodations or to select accommodations on her behalf, especially since neither the
professor nor the student know the academic impact of the disability and what accommodations
are appropriate.




                                                        64
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.


                                              The Case of Iris
An introductory Biology course has several co-instructors: a professor, a Teaching Assistant
(TA), and a lab attendant. Iris, a student enrolled in the course, is not sure which person to
approach regarding accommodations for her disability. She decides to address her
accommodation needs to the professor and arranges a meeting with him/her. At the meeting, she
discloses that she has a disability and presents the professor with a letter from Disability Support
Services (DSS) validating her need for accommodations.

If you were the professor in this situation, how would you respond?
---------------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
―I am only responsible for lecturing. You really need to talk to the TA. It is his responsibility to
oversee accommodations for the course and to make sure that students‘ learning needs are met.

(Response #2)
―I never really created a procedure on how to deal with this. Work out an acceptable solution
with the TA. I‘m flexible and will go along with whatever you two decide.‖

(Response #3)
―I am only responsible for lecturing. My TA and lab attendant are responsible for the lab portion
of the course. You need to meet with each of us to determine the accommodations you need in
each part of the course.‖
---------------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Least appropriate. The professor assumes no responsibility for helping the student access
needed accommodations and dismisses a valuable opportunity for communication with the
student and co-instructors. The professor treats the student as an item of business and ultimately
creates an unwelcoming classroom environment for the student.

Response 2:
Somewhat appropriate. The professor encourages the student to communicate with the TA but
removes himself/herself from the process, assuming a passive stance. The professor is not taking
an active and collaborative role in working with the co-instructors and the student to help
coordinate accommodations.

Response 3:
Most appropriate. The professor explains the different parts of the course each person is
teaching and has accepted his/her share of responsibility in providing accommodations for
his/her portion of the course. The professor, as senior faculty member, properly initiates the


                                                         65
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
accommodations process, encouraging the student to take some responsibility by meeting with
the other co-instructors to determine appropriate accommodations in all areas of the course. This
gesture contributes to the creation of a welcoming classroom environment for the student,
demonstrating that the course instructors are receptive to learning needs and are willing to assist
the student in obtaining needed accommodations in order to meet educational goals.




                                                        66
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                          The Case of Dr. Floyd

A new faculty member, Dr. Anita Floyd, is developing her course syllabus. She is not sure how
to handle a statement regarding accommodations for students with disabilities, although she has
included a disability statement on her syllabus as required by her department. The new professor
approaches a colleague for advice. The colleague suggests three possible ways to handle the
situation.

If you were the colleague, what would you tell the professor in this situation?
---------------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
―When reviewing your syllabus with the class, you skip the statement because there is no need to
read it aloud. If there are any students with disabilities in your course, they will already know
what to do.‖

(Response #2)
―Read the statement aloud as you do any other information on the syllabus, such as office hours
and attendance policy.‖

(Response #3)
―Read the statement aloud and emphasize your willingness to assist students in arranging
appropriate accommodations.‖
--------------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Least appropriate. By glossing over the disability statement, the professor is not creating a
welcoming classroom climate for students with disabilities and may appear unapproachable in
regards to discussing such issues.

Response 2:
Somewhat appropriate. Though reading it is a good first step to show basic willingness to
discuss disability and accommodation issues, merely reading the statement implies that the
professor is complying with departmental policy out of obligation rather than embracing it in the
spirit of creating a welcoming learning environment for students.

Response 3:
Most appropriate. Reading the statement and emphasizing your willingness to discuss
accommodations creates, from the first day of class, a welcoming atmosphere supportive of
student learning and self-disclosure.




                                                         67
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
[Insert video clips from Improving the Quality of Higher Education: A Shared
    Responsibility].

Linda Schoen Quote [1:25:03–1:25:32]

        Linda Schoen, Assistant Dean in College of Social & Behavioral Sciences
        One of the things that the Psychology Department learned during our climate assessment process
        was really the importance to students about the inclusion of the disability statement on the syllabi.
        I mean, it‘s already been stated this afternoon, and I want to reinforce that that‘s the first invitation
        that faculty have to students with disabilities. It says, ―I know you‘re here. I welcome you. And
        I‘m going to do what I can to make sure my course is open to you.‖

Brenda Brueggemann Quote [1:25:48-1:26:36)

        Brenda Brueggemann , Associate Professor in English, Coordinator for Disability Studies
        Program
        ―In addition to what Linda said one of the things that we found out in our climate assessment,
        particularly with the group of teaching assistants that we talked with, is that not only was it
        important to have the statement on the syllabus, but several of the teaching assistants had already
        begun to engage the practice, because of the training they had had in this area, of verbalizing,
        actually talking through the statement. And then another week later in the syllabus, finding
        another way in the class to bring it up. Another very effective thing that sort of opened the door
        even wider – while the statement on the syllabus opens the door, it‘s about getting it completely
        open, so people feel absolutely welcome, about coming in – another strategy that worked very well
        here that we use all the time in our first-year writing classes is one-to–one student conferences.
        And a lot of the Teaching Assistants found that students would often come up to them in that
        moment, and if they did it early in the quarter, it helped a lot.‖




                                                        68
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                             The Case of Keith
A student named Keith politely approaches his Psychology 101 professor, Dr. Fischer, during
office hours one week into the fall semester.

Keith:
Oh, hi, my name is Keith. I‘m in your section of Psych 101.

Dr. Fischer:
Uh huh. Sure. What can I do for you? It‘s a bit early in the term!

Keith:
Oh, I know, I know. I just wanted to stop by and introduce myself. I‘m registered over at the
Disability Support Services (DSS) office on campus?

Dr. Fischer:
Oh yeah, I know that office all too well.

Keith:
Okay, well, each semester, they give us ―letters to professors‖ and ask us to go around and
introduce ourselves. You know, to explain our learning issues, and to work out any
accommodations we may need? So I‘m supposed to give you this letter and—

Dr. Fischer:
Yeah, yeah, alright. But what do you really need? You look okay to me.

Keith:
Well, if I can just give you this letter. [hands over the letter] Umm, I have a reading disability
and also ADD. Basically, I can keep up with the work. I just have trouble on tests, making sure I
read everything carefully and keeping focused. So, like I think it says—I just need some extra
time on my tests.

If you were the professor in this situation, what would you say next?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
―I‘m a professor of Psychology. I have worked in the field of Neuropsychology for twenty
years. I‘ve been out there practicing, conducting research and arriving at conclusions. I would
like to see documentation of your diagnosis so that I can evaluate what accommodations are
appropriate.‖




                                                         69
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
(Response #2)
―I tell you what. Take the tests in the normal amount of time allotted. If you don‘t do well, I‘ll
let you make it up by writing a fifteen-page paper on a topic that we arrive at mutually. I think
you‘ll see that, if you study harder, and just stay focused, your grades will be fine. And if
they‘re not, well then, I‘ll let you do some extra work.‖

(Response #3)
―You don‘t need me to tell you that I disagree with the contents of this letter. ADD, in my
opinion, has been used as a crutch by many a college student, who don‘t want to use a little
―elbow grease‖ when it comes to studying. But, we don‘t need to get into competing theories
about ADD here. I know the law, and the law states that I have to accommodate you, which I
will do willingly. So let‘s just talk about what accommodations you need.‖
------------------------------------------------------------------------------------------------------------
                              [Response critiques for each selected response]

Response 1:
Least appropriate. The professor‘s role is to act as instructor, not therapist, and has no right to
ask for the student‘s original medical documentation. The accommodation letter Keith presented
him is the only documentation required by institutional policy. It is not the professor‘s
responsibility to determine student eligibility for appropriate accommodations.

Response 2:
Somewhat appropriate. The professor still holds the student to the wrong set of standards.
Though he seems willing to bend a little bit, he nevertheless suggests an unreasonable way of
making up the work, suggesting an alternative assignment that is significantly more rigorous than
that expected of fellow students; thus, equitable standards are not maintained. Additionally, he
still owes Keith the extra time as a requested accommodation.

Response 3:
Most appropriate. The professor does not hinder the accommodations process and agrees to the
requested accommodation. However, even though Dr. Fischer is following procedure, he has
already created an unwelcoming classroom climate for the student by expressing his
difference of opinion. This unwelcoming environment could be interpreted as a form of
harassment and discrimination.




                                                        70
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
                                                 The Case of Clay
A Chemistry professor visits his institution‘s Disability Support Services (DSS) to discuss the
case of a student in his class, Clay, who is visually impaired but not completely blind.

NORMAL VISION                          CLAY‘S VISION




*Images taken from the National Weather Service‘s low vision simulation, available at:
http://www.nws.noaa.gov/sec508/htm/low_vision.htm

Professor:
Thanks for taking time out to see me. I‘m here about Clay, who‘s a student in my intro
Chemistry course.

DSS Director:
Yes. Clay mentioned that you had concerns about the lab part of the class.

Professor:
Right. Well, the problem is, I guess, because of his disability, he‘s probably not all that suited to
complete the regular workload in the lab. Specifically, it doesn‘t seem like he could handle the
chemicals safely, without hurting himself or others. I had a brief chat with him and suggested
instead that he skip the laboratory work and take a ―paper and pencil‖ version of the course.

DSS Director:
What do you mean by paper and pencil?

Professor:
Well, he could take regular quizzes or write short papers, instead of the hands-on stuff.

DSS Director:
I think the problem is, in this case, that Clay feels a bit embarrassed and a bit cheated by the
whole experience. Is there any way that he could participate in at least some of the laboratory
work? Perhaps he could work with a partner who could help him complete some of the exercises.
I think that, by asking him to take quizzes or write short papers, away from the whole lab
experience, Clay would not be getting an equivalent experience or education. He‘s a fairly
agreeable person, and I think that some compromise should be made, if at all possible. My office


                                                              71
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
could, for example, provide him with a laboratory assistant, if necessary. Or, we could provide
him with some adaptive equipment to help him handle the chemicals in the lab.

If you were the professor in this situation, what would you say next?
------------------------------------------------------------------------------------------------------------
(Response #1)
Well, I don‘t think there‘s any way. No, I don‘t see how this could be done. I‘d feel very badly if
he hurt himself, or others, or damaged any of the lab‘s equipment. I think the ―paper and pencil‖
idea is best, and I don‘t really think I‘m prepared to compromise on this point. As far as a
laboratory assistant goes: well, how would that be fair to other students? They don‘t get that kind
of help.

(Response #2)
Well, perhaps we could work out a partner system, where Clay could sit alongside a few of the
others and kind of observe the proceedings. I mean, I don‘t mean ―observe‖ with his eyes, but
perhaps the others could relate verbally what was going on in their experiments. I don‘t favor
the laboratory assistant or adaptive equipment ideas because the other students might
misconstrue that as an unfair advantage.

(Response #3)
Well, maybe Clay could work closely with a partner or two, and maybe we could devise a way
that he could handle some of the less risky aspects of the experiments. I guess I would be open
to the presence of an assistant, so long as that person didn‘t influence Clay to reach conclusions
and so forth. I would also be open to trying some adaptive equipment, if that would help.
------------------------------------------------------------------------------------------------------------
                              [Response Critiques for each selected response]

Response 1:
Least appropriate. The professor raises a legitimate safety concern; however, he/she does not
explore potentially safe ways Clay could participate in the course. Taking a ―pencil and paper‖
version of the lab would be insufficient. The inevitable consequence is that Clay will not receive
the full experience of taking this course – he will not receive an educational experience
comparable to that of his peers. The professor should at least try to involve the student, whose
visual impairment may not preclude him from participating in class activities.

Response 2:
Somewhat appropriate. The professor is willing to allow Clay in the lab, but offers a
compromise that doesn‘t take into account the student‘s disability. To have other students
verbally describe the experiments as an alternative to any kind of lab participation prevents Clay
from receiving an educational experience comparable to that of his peers. The professor, while
trying to involve the student, should consider the nature of Clay‘s disability and the central goals
of the lab experience before prematurely dismissing the offer of Disability Support Services
(DSS) to provide a lab assistant or adaptive equipment. Such accommodations would make it
possible for Clay to participate in, and benefit from, the applied learning experience, granting
him equal, not preferential, access to course material.


                                                        72
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

Response 3:
Most appropriate. The professor expresses willingness to compromise and involves the student
in the laboratory work, strategizing a way that Clay can participate in the applied learning
experience while meeting course goals. The professor is open to trying different alternatives that
would give Clay an equal opportunity to participate and learn alongside his peers. By
participating, Clay can experience the full range of the classwork and receive the full educational
benefit from the experience.




                                                        73
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.



                                         The Case of Claudette
Claudette, a student with a disability, presents her Letter of Accommodation from the Disability
Support Services (DSS) office stating that she is legally entitled to a note taker. According to the
institution‘s policies, faculty members are asked to facilitate the process of identifying a note
taker.

If you were the professor in this situation, what course of action would you take?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
Ask the student to approach some potential note takers herself and to come back to you if she has
difficulty in obtaining an agreeable note taker.

(Response #2)
Look through your class list and identify a student or two with high G.P.A.‘s; approach these
students yourself to see if they would be willing to take notes.

(Response #3)
Plan ahead of time to assign a number of students for each class meeting who will be responsible
for note taking for the potential use of any student in your class. This responsibility will rotate
through the class and the notes will be made available in electronic format for students who wish
to access them.
------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Somewhat appropriate. In an effort to nurture student self-advocacy, many schools advocate
exactly this approach. Yet, it is important to consider that this approach puts a great deal of, and
perhaps too much, responsibility on the student to identify and approach a note taker.
Significantly, the confidentiality of the student is not protected in this approach; she will have to
disclose her disability when approaching individual students. Lastly, the student may have no
information in advance that would help her in selecting an appropriate note taker and in some
ways, is encouraged here to gamble in the choice of the students she approaches.

Response 2:
Somewhat appropriate. Here, the faculty member is taking some responsibility in approaching
students to facilitate the student‘s accommodation. The problem is that G.P.A. may or may not
indicate ability or willingness to take good notes. Perhaps the student with a high G.P.A. is an
exceptional auditory learner, who takes minimal notes as part of her learning process. Also, the




                                                         74
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
student with the high G.P.A. may not necessarily be someone who would want to help out in this
case.

Response 3:
Most appropriate. The faculty member protects Claudette‘s anonymity by arranging for notes
that will be available for anyone in the class. Multiple individuals take the notes for each class,
which minimizes the chance that any one student on a given day will take notes that have
significant gaps or missing information. Lastly, in keeping with the philosophy of Universal
Design for Learning <link to UDL module>, this approach will benefit many students in the
class, with or without disabilities. Every student has access to the notes taken. However, if a
professor is going to post the notes in a digital format successfully, he/she should consider good
principles of web accessibility <link to Web Accessibility module>.




                                                        75
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.


                                             The Case of Juan
Professor Gene Lorenzo is someone who is very committed to student success in his classes.
Juan identifies himself after the first class session as a student with a disability; he provides
Professor Lorenzo with his letter of accommodation specifying that he needs extended time for
exams. Professor Lorenzo tells Juan, ―I‘m going to keep a close eye on you throughout the
course, so that we make sure you do just fine. I‘d like you to make sure you sit in this front row
seat every class, so that I can monitor your notes and check on your work completion as needed.‖
When exam study sessions are scheduled, Professor Lorenzo says to Juan, ―I‘ll expect to see you
at the review session tonight, Juan.‖

Is Professor Lorenzo responding in an appropriate way to Juan’s need for support in his
classroom?
------------------------------------------------------------------------------------------------------------
Three possible responses:

(Response #1)
No. Professor Lorenzo is overseeing Juan‘s learning process to the point where he is making too
many decisions for him, assigning him a specific seat and insisting that he show up for exam
study sessions. Juan still must have the freedoms that students without diagnosed disabilities
have to determine his level of involvement in every aspect of the class where choice is permitted.

(Response #2)
Yes. Professor Lorenzo is demonstrating his true commitment to students with disabilities by
going beyond what is specified in the letter of accommodation.

(Response #3)
No, he is not responding appropriately, but if he involves Juan in more conversation around his
suggested interventions, his support of Juan is more likely to be appropriate and acceptable to
Juan.
------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

Response 1:
Somewhat appropriate. Faculty need to guard against support of students that may be perceived
as patronizing. Caretaking (or over-support) is ultimately disabling for the students concerned
because it can create unwanted attention or unrealistic accommodation expectations. However, it
is always a good practice to initiate a conversation with the student to assess what expectations
the student has on how he/she will be accommodated in a course. If a faculty member wants to
provide certain supports outside of specified accommodations, he/she should consult with the
student and gain their feedback on whether or not the support is needed or desired. Giving
students the option to decline proposed supports helps build open communication and student
self-advocacy while maintaining appropriate instructor/student boundaries.



                                                        76
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.



Response 2:
Least appropriate. Faculty should not ―go beyond‖ the specified accommodations. Students
with disabilities do not require such hand-holding guidance, nor do they ultimately benefit from
a faculty member who goes overboard in support. Going overboard in support may actually do
harm to the student in that it sets unrealistic expectations for the student in the next course.
Furthermore, the professor is calling extra attention to Juan and this attention might be construed
as patronizing. Ultimately, Juan should have same choices as students without disabilities to
attend optional activities such as exam study sessions.

Response 3:
Most appropriate. Conversation with students with disabilities that assesses their expectations
and hopes for how they will be accommodated is always a good practice. If a faculty member
initiates a conversation about support he/she would like to provide but allows space for the
student to decline the specific proposal, the faculty member is creating an avenue of dialogue
with the student in which the student can openly give feedback and express needs. This type of
open communication between a faculty member and a student helps to avoid misunderstandings
and false expectations down the road.




                                                        77
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                            The Case of Su Lin
A student who takes regular advantage of office hours stops to visit her professor about a month
into the semester.

Su Lin:
Hi Professor. How‘s it going?

Professor:
Oh, not bad for a Monday. . How‘s everything going with you, Su Lin?

Su Lin:
Well, I‘m having some difficulties keeping on top of the reading load.

Professor:
Hmmm. Well, what seems to be the trouble?

Su Lin:
I think I told you before that I started college late, because of my cancer…

Professor:
Yes. I remember when we spoke about that.

Su Lin:
Yeah, well, the hardest thing about my cancer treatments turns out to be the radiation and chemo,
which, among other things, has messed up my vision. Sometimes, my vision is actually okay, but
lately, it‘s been causing me a lot of trouble, and I have a hard time keeping up with the reading
assignments.

Professor:
I see. And there is a lot of reading for this class—I‘ll be the first one to admit that! The problem
seems to come and go because of the treatments. Have you spoken with the Disability Support
Services (DSS) office to see if they could help with books on tape or something?

Su Lin:
To tell you the truth, I actually am a student assistant at DSS, but honestly, most of the time I
don‘t think of myself as disabled. I am tired of being sick and want to feel independent, I guess.
I just don‘t use the services for myself.

If you were the professor in this situation, what would you say next?
---------------------------------------------------------------------------------------------------------------------

Three possible responses:



                                                         78
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.



Response 1:
You know, I like you a lot, and I‘m sensitive to your condition, but I can‘t help someone who‘s
not willing to help themselves. My advice is: wait for the symptoms to pass and then do the
reading. You can either do that or give your doctor a call. Perhaps your doctor can suggest
some changes in your treatment that would not interfere as much with your reading. Maybe you
could compensate by putting in more time when you are feeling better? This situation is
temporary for you, so I am sure you can adjust for the semester. Please keep coming to my
office hours, I am always willing to discuss the work. That should be helpful too.

Response 2:
Despite the fact that you don‘t want to use the DSS services for yourself, that‘s probably your
best bet in the long run. Perhaps they can get the textbooks recorded on tape or arrange for
someone to read the books to you. You probably know this from working there: DSS is there to
help you. You‘re a good student. I want you to succeed, and I know DSS can help you do that.

Response 3:
Don‘t bother with DSS if you don‘t want to. That is a choice you have to make. You‘ve got a
final paper due at the end of the term, and you do need to complete that paper. Though I do not
have a lot of extra time, I am willing to block some time for you after my open office hours. I
also think you would benefit from a study group. I know there were other students wanting to
meet. I will give them your name, if you think that would help. As far as the readings go, you
are doing the best that you can, so between the study group and meetings with me, hopefully that
will help you stay on top of things.
---------------------------------------------------------------------------------------------------------------------
                             [Response Critiques for Each Selected Response]

1. Least appropriate. The teacher obviously has a good relationship with the student but
nevertheless puts the problem back onto the student‘s shoulders, which solves nothing.

2. Somewhat appropriate. Here, the professor does propose a viable solution—virtually all
Disability Support Services (DSS) offices would accommodate a student like this one—but the
professor doesn‘t really take into account the student‘s preference not to use DSS.

3. Most appropriate. In this reply, the professor really goes the extra mile. Respecting the
student‘s wishes not to use DSS, the professor decides to help the student directly and gives the
student the sort of intensive assistance that will really help her succeed.




                                                         79
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                          The Case of Suzanne
Suzanne is a freshman who is afraid to disclose her Attention Deficit Disorder (ADD) <link to
ADHD definition in glossary>, even though it is affecting her grades. This is her first semester
in college, and she isn‘t quite sure how it all ―works‖ yet and is a little overwhelmed and
insecure.

Suzanne, looking frustrated, enters the Math lab and spots her TA, Carrie, sitting at one of the
carrels. Carrie senses something is wrong and asks what is the matter. Suzanne says she is
disappointed because she did really poorly on the math exam, even though she knew the
information.

Carrie, looking surprised: I know you knew the information. You practically spent all last
week studying here in the lab. What happened?

Suzanne: I don‘t know. I did well on the parts that I finished, but I left one-third of the exam
blank! I just ran out of time. (discouraged) I feel like maybe I‘m not cut out to be a college
student.

Carrie, looking puzzled: Why didn‘t you have enough time? Did you use the entire class
session?

Suzanne (in an animated voice and demonstrating): Well, to start with, the girl next to me
kept banging her pencil on her desk. It was like a drum, beating over and over. And the guy in
front of me kept running his hand through his hair, and it was in my peripheral vision. Every
time he did that, or the drummer-girl would get going, I would get off track and forget where I
was. And then when the other students started turning in their tests (throwing her hands up) that
was the last straw! It ruined any concentration I had left.

Carrie, (looking sympathetic): That's rough. I hate when that happens. Maybe next time you
can sit where you can scoot away from everyone. I think you'll do better on the next one. Don't
worry, it happens to all of us.

Suzanne, (looking apprehensively at Carrie): I don't know. I have ADD. Have you ever heard
of Attention Deficit Disorder? It‘s a disorder where people have a difficult time focusing. I
definitely think that ADD makes it more difficult for me to take tests than other students. I know
I am intelligent, but it‘s so hard for me to prove my intelligence on exams. It‘s just… just not a
natural format for me to show what I‘ve learned! To put me in a room with squirming, noisy
students and tell me to ignore them and focus on one test for the whole class period… that‘s
quite a challenge.

Carrie, (sitting a little straighter): How did you handle taking exams in high school?




                                                        80
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
Suzanne: Extra work! Once I was diagnosed, my life changed. I began taking medication
which improved my concentration, and I started seeing a counselor. I was able to get my grades
high enough to get into college. But now, I so desperately want to be a regular student. You
know, you‘re the only person that I‘ve told about it, Carrie. I‘m so scared of being judged by
someone that doesn‘t understand it, or worse, that doesn‘t believe it exists. People might think
I'm just lazy.

Carrie: Do you know about Disability Support Services (DSS) on campus?

Suzanne: Yes, I registered there a while ago, but I do not use them…it makes me feel
―different.‖ Having to go there is just a reminder of what happened in high school, of when I
was sent to the resource room. It was so embarrassing. I felt so singled out for my disability.

If you were the TA in this situation, how would you respond?
------------------------------------------------------------------------------------------------------------
Three possible responses:

Response 1:
I really think you should tell the professor about the ADD. He is a really great guy who would
understand. I think he‘ll be willing to work with you and help provide accommodations,
especially since you received accommodations in high school.

Response 2:
I understand your feelings, Suzanne. This is just your first test and you probably had some of the
jitters. I think if you study for your next test like you did for this test, and try to calm yourself
down a bit, you‘ll do better on the next one. You will know what to expect, and besides,
everyone loses focus sometimes.

Response 3:
I understand your feelings, but I think you should tell the professor about the ADD. You have
already registered with DSS, and they can help make it easier for you to tell your professors.
The DSS office keeps everything confidential, and you only tell your professors what they
absolutely need to know. Your classmates will never need to know unless you tell them.


                                             [Response Critiques]

1. Somewhat appropriate. Carrie‘s response here encourages Suzanne to disclose, but it does
not address the larger issue of disclosing to other professors and maintaining Suzanne‘s right to
confidentiality. It simply does not recognize that disclosure should be a formalized process with
protected rights. Also, it may be difficult for professors to arrange for distraction-reduced spaces
on their own. Few faculty offices are appropriate for this purpose because of many distractions
in the environment, and confidentiality may not be safeguarded.




                                                         81
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
2. Least appropriate. This response is a non-understanding view that belittles the recognition of
frustration about the disability, thus discouraging future disclosure. It is more than likely that
Suzanne will not disclose in the future because of stigma and fear of appearing ―different‖ in the
eyes of others.

3. Most appropriate. This response reflects responsiveness to student disclosure and ultimately
creates a welcoming climate for the student. It also correctly reflects the TA‘s opportunity to
educate the student on her rights, presenting disclosure as a formalized process with
confidentiality safeguards.




                                                        82
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                       The Case of Mike, Part 2
Professor Brown, Mike and his Disability Support Services (DSS) counselor meet two days after
Mike's conversation disclosing his disability to the professor <hot link to case scenario Mike,
Part 1>. It is approximately midway through the semester.

The DSS Counselor:
Thanks for coming Professor Brown. Mike has informed me that he has not been doing well in
your Psychology 101 class. He also told me that he has missed several classes and that you are
concerned that his absences will continue to impact his grade negatively.

The Professor, looking a little annoyed:
Yes, I really don't see how I can help him if he is not in class. The textbook supplements my
lecture; therefore, missing lectures will definitely impact his grades. I have made it clear during
class and on the syllabus that I don't accept late assignments. I should not be expected to make
exceptions for one student that I am not willing to make for all the other students.

Mike, looking anxiously at both Professor Brown and the DSS provider:
But I did the work! I really did the work, I just couldn't…

The DSS Counselor:
Mike, it is not a matter of whether you did the work or not. Professor Brown is not obligated to
accommodate you prior to you disclosing that you have a disability. However, now that you
have disclosed, we need to identify accommodations that will help you improve your class
performance. Dr. Brown, I would like to start by first looking at the requirements for your
course and how they interact with Mike‘s disability in the class. Since we make
accommodations on a case-by-case basis, having a copy of the syllabus will help us determine
the essential requirements of the course.

The Professor, looking a little more relaxed, hands the syllabus to the DSS Counselor:
Here‘s a copy of my syllabus. On the syllabus, I have outlined the goals and objectives of the
course. I have also given timelines and due dates which correspond to my lectures. During
lectures, I give a lot of examples to clarify main ideas and review the previous lecture to tie them
together.

The DSS Counselor:
I can see from your syllabus that you have made your expectations clear by setting deadlines for
assignments. It is really up to you whether you want to accept Mike's late assignments. From
this point on, would you be willing to have Mike email his assignment to you by 5:00 PM on the
date it‘s due, if he is unable to attend class? It sounds like attending class is quite helpful to the
students, but it does not appear to be an essential component of the course. I think Mike could
benefit from having access to the lecture notes. Is it possible for him to get a copy of the notes?
That way, he can keep up.



                                                        83
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
If you were the professor in this situation, how would you respond to the suggestions made
by the DSS Counselor?
Three possible responses:

Response 1:
―Mike could certainly ask one of his classmates for the notes when he misses class. I am not
comfortable giving him my notes because they are simply an outline written in my handwriting.
However, on the days he misses class, he could email me.

Response 2:
―Mike can get the notes from one of his classmates. I don‘t allow any students to have access to
my notes, I consider it my intellectual property. I think Mike needs to try to attend class. I feel
by giving him my notes, I am giving him permission not to attend.‖

Response 3:
―Would it be possible for Mike to provide me with a tape recorder to tape the lectures? Another
suggestion would be for Mike to attend the lectures I teach on Tuesdays and Thursdays when he
misses his regular class time. He is certainly welcome to sit in. I think Mike emailing me his
assignments is certainly a good idea. I can meet with him once a week, but he needs to make an
appointment.

                                             [Response Critiques]

1. Somewhat appropriate. The professor tries to explain why his notes would not serve Mike‘s
purpose, but he does not offer to help Mike obtain the missed lecture notes by brainstorming
other alternatives.

2. Least appropriate. The professor automatically assumes that Mike will not show up after
obtaining his lecture notes. The professor sees attendance as the primary problem, rather than
Mike accessing critical course content. This perception makes the professor reluctant to assist
Mike and to strategize other alternatives that take into account both Mike‘s disability and the
need to maintain academic standards.

3: Most appropriate. The professor is assuming a very proactive role in identifying alternatives
to address Mike‘s needs while maintaining the validity of the course. He goes above and beyond
by offering to record the lectures on Mike‘s behalf and to meet with Mike on a weekly basis.
While not obligated to provide this level of assistance, the professor shows sensitivity to Mike‘s
condition and recognizes Mike‘s ability to complete the work, even though Mike is not able to
regularly attend class.




                                                        84
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                         The Case of Meredith
Meredith, a student with a hearing impairment, is enrolled in a Math course. She is having
trouble understanding what is going on because the instructor keeps turning her head when
writing on the board. Meredith is also missing information during the question-and-answer time.
One day during class the professor, while turning to the board, asks Meredith to describe how
she got her answer. Meredith was not aware the professor had called on her until the student
next to her nudged her. Meredith decides to approach the instructor after class. She asks her
professor to please face the class when lecturing so that she can lip read and understand what the
professor is saying.

The professor wants to know why Meredith cannot get an interpreter for class. Meredith informs
the instructor that she cannot understand sign language but that she can follow the lecture if the
instructor faces the class while talking and repeats the questions students ask.

If you were the faculty member in this situation, how would you respond?
_________________________________________________________________
Three possible responses:

Response 1:
I will try to remember, but I can't guarantee you anything. Is there something else you can do to
solve your problem? I thought there was some type of technology you could get to help you hear
more. Perhaps you can sit up front so you can hear me better and turn to see the rest of the class.

Response 2:
I‘ll try to remember to restate the questions and look at the class, if that would help. What do
your other instructors do that you find helpful during lectures?

Response 3:
I don‘t know how I can help you in this class. Perhaps you need to consider taking an online
course. Maybe meet with me after class and I can fill you in on what you missed.
_______________________________________________________________________

                                             [Response Critiques]

1. Somewhat appropriate. The professor is making an effort to find a solution to the problem by
suggesting other technology. However, the student at this point probably has already explored
the technology that will maximize her performance in class. The professor also considers the
problem as Meredith‘s instead of utilizing other delivery techniques that would be more
inclusive.

2. Most appropriate. The professor invites feedback about the student‘s functional limitations
and tries to understand the student‘s needs by asking questions about the student‘s past



                                                        85
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
experiences. The professor is recognizing her personal responsibility in accommodating the
student.

3. Least appropriate. Although an online course may be feasible, it restricts the student from
participating in the course and gives the impression that the student is not welcome in the class.
The suggestion penalizes the student for having a disability. At this point, no evidence has been
presented that warrants the student having to take an online course.




                                                        86
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                          The Case of Latosha
A professor named Dr. DaVinci explains the History assignment to the class and gives the class a
week to work on the three-page assignment. As Dr. DaVinci grades the assignment, he notices a
student having numerous writing difficulties including organization, grammar, and word spacing.
He also notices that the student is having difficulty transferring quotes and footnotes correctly.
Dr. DaVinci recognizes the student‘s name, Latosha, on the paper and remembers that the
student is a very hard worker. She is well spoken and frequently participates in class
discussions. He also remembers that Latosha had told him that she spent ten hours working on
the paper and had proofread it several times. Dr. DaVinci suspects the student is very familiar
with the content but was not able to demonstrate this knowledge in her writing. After passing
back the papers, Dr. DaVinci notices Latosha looking upset. He requests to meet with her after
class.

After class, Latosha asks Dr. DaVinci why she received a ―D‖ on the paper. He does not answer
her but begins to ask her various questions about the content of the paper. Based on her
answers, he becomes convinced that she does understand the content. Dr. DaVinci is now unsure
about what to do.

If you were this professor in this situation, what would you do?
___________________________________________________________________
Three possible responses:

Response 1:
Ask the student if she has a learning disability. Also, inquire about who helped her in high
school with her papers to better understand her experiences with writing.

Response 2:
Give the student a list of campus resources, including the phone number to the Disability Support
Services (DSS) office and the writing center, so she can get help. Explain that you realize she is
an intelligent individual but could use some assistance with her writing.

Response 3:
Tell the student she can have more time to write her paper and submit a re-write. Also, suggest
she get the MLA style manual and the Elements of Style guide to help her with writing papers.
Suggest that she consider taking some basic English Composition classes to help her with her
writing as well.
_____________________________________________________________________
                                      [Response Critiques]

1. Least appropriate. This response violates the student‘s right to confidentiality. A faculty
member does not ever have the right to ask a student disability-specific questions. Once a
student has disclosed his/her disability to a faculty member, then a faculty member may ask



                                                        87
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.
questions regarding the academic impact of the disability only, how it affects learning and
classroom performance.

2. Most appropriate. The professor is able to empower the student by arming her with resources
to which she can seek assistance. The professor correctly avoids giving a diagnosis but gives the
student tools to explore the resources on campus. Further, he creates a positive environment for
the student by expressing his belief in her abilities.

3. Somewhat appropriate. The professor is trying to help the student by giving her another
chance and suggesting writing sources for her to use to improve her writing skills. However,
after making the observations about her writing difficulties, he fails to provide her with campus
resources for which she can get help. If the student has an actual learning disability, style
manuals and basic English courses may not prove useful in improving her writing. Therefore,
referring the student to other services is the preferred solution.




                                                        88
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                             The Case of Nigel
Nigel, an Engineering student with low vision, feels a little apprehensive at the beginning of the
semester about accessing his materials for a course. The supplemental readings that are available
on reserve at the library fill 300 pages, and Dr. Moore will be referring to them for the next three
semesters. In the past, Nigel's biggest frustration has been that many of the pages were difficult
to read. Once again, Nigel recognizes that the print in the new readings is fuzzy, the font is very
small, and there doesn‘t appear to be a logical sequence to the information.

Nigel requests to meet with Dr. Moore to discuss his accommodations. After Nigel explains to
the professor his visual limitations and the challenges the reserved materials present, Dr. Moore
explains that the materials are old and are copies of copies. Nigel tells him that even with his
technology aides, the print is too distorted for the information to be read. Dr. Moore is caught
off guard because no one has ever complained before. Nigel asks for original sources or web
sites so he can ask Disability Support Services (DSS) to obtain copies of the originals to be read
on tape. Dr. Moore realizes he is not sure where the original sources could be found. He has
been using the same course materials for over 15 years and only possesses the copies he gave to
the library.

If you were the faculty member in this situation, how would you respond?
---------------------------------------------------------------------------------------------------------------------
Three possible responses:

Response 1:
It‘s true you can‘t read every word. Why don‘t you give me some time to ask my colleagues in
the department where the original sources might be? I will get back to you later in the semester
when I know more. Until then, would you like me to pair you with another student to review the
materials with you until DSS and I can get materials in the form you need? If you have any more
problems in the meantime, let me know and I‘d be happy to help.

Response 2:
It‘s true you can‘t read every word. However, I think you need to discuss this matter with the
DSS office. They can assist you with converting materials in alternative formats. Perhaps you
can work with the library to research the original sources to get better copies.

Response 3:
It‘s true you can‘t read every word. I can meet with you and the DSS office to prioritize what
materials will be needed this semester. Would you like me to pair you with a student to review
the materials with you until DSS and I can get the materials in the form you need?
--------------------------------------------------------------------------------------------------------------------




                                                         89
                                                                                        Updated 8.12.03 by Scott
 NOTE: I am using red color change for the text that I think should trigger a link to the legal resource page. I
will add a number to indicate which section it should link to in <>. However, my suggestion is not a text link
which might be confused with a glossary link, but a navigation icon (say an image of the statue ―blind justice‖)
                                                 in the margin.

                                             [Response Critiques]


1. Somewhat appropriate. The professor is expressing his willingness to help the student, but he
fails to recognize the student‘s immediate need for access to course materials. Furthermore, the
professor underestimates the time spent converting course materials in alternative formats and
underestimates the time it takes a low vision student to listen to materials on tape.

2. Least appropriate. The professor doesn‘t take any responsibility for making sure the student
can access the materials. Rather, the professor makes it the sole responsibility of the DSS office.
Additionally, the professor‘s suggestion to have the library help Nigel research to find the
original materials requires additional work of the student that is not expected of his classmates.

3. Most appropriate. The professor is expressing his willingness to collaborate with DSS to get
the materials in the form the student needs. In addition, he suggests an accommodation to help
the student keep up with the class until things can be worked out. The professor correctly
recognizes the urgent need for the student to have access to all course materials.




                                                        90

								
To top