Notes from Jane Jarrow's Workshop on 4/11/02 & 4/3/03

Accommodations

The purpose of accommodations is access not success.

The ADA was meant to be a floor not a ceiling for access.
Documentation should be screened and accommodations given to the extent justifiable.
Students with a history of disability should not be prevented from accessing
accommodations due to incomplete documentation.

Notes are an accommodation, not notetakers.
Notes are for those who can't take notes, not for those who can't take "good" notes.
Notes are not a substitute for attendance.

When financial onus is placed on individual units, odds for discriminatory practices rise.

ADA super fund should be created to cover costs of accommodations.

An accommodation is not necessary if it entails a substantial change in the manner in which a course is offered.

Reasonable accommodation for disability-related absences must be considered on a case-by-case basis.

More attendance flexibility is expected in classes with a lecture-style format and less in classes which require active participation in class activities, involve a progression of activities that build upon each other, or include the practice of skills that can only be acquired and demonstrated in the class or lab/setting.

Instructors are not required to do a make-up lab or class for a student with a disability who misses lab or class unless make-ups are done for other students as well. Instructors are not obligated to re-teach what was missed.

Students may not be penalized for missing class due to an elevator break down. Access to the content of the missed class may be provided through such accommodations as notes or a tape recording of the lecture. In such cases, students may ask to meet with the instructor to go over what was not understood.

Disability access is not built in to Banner. A patch is needed. For this reason, service providers should continue to ask questions about Banner access.

Only in treatment situations must medical information be kept confidential.

Disability information should be shared on a need-to-know basis.

If there is a direct threat to the health and safety of others, then the obligation is to inform those affected.

"Weird is acceptable; dangerous is not."

COOP programs do not need IEP's but should have a contact person who communicates the accommodations necessary and intervenes when the set up breaks down.

Employers cannot deny placement of a COOP student solely because of a disability.

Counselors should not be afraid to ask questions of students with disabilities in order to counsel them more effectively.

Counselors need to determine what kinds of questions they should be asking.

Counselors have the right to apply what they know about program requirements and ask how the student will meet the tech standards.

It is never inappropriate to suggest, but not require, alternatives for students.

The preference is for the most integrated model possible.

The Casey Martin decision helps clarify the meaning of "substantial change to an essential element" for post secondary. It underscores the case-by-case application of the ADA. The obligation is to look at what is fair and appropriate for each individual without concerns about precedent setting.

The Bartlett case corrected the assumption that a successful, accomplished person cannot be disabled. The implications for post secondary are that LD is real, LD students are entitled to protection under the ADA and appropriate accommodations. Clarified the issue to be access not success.

Every institution has academic, professional, technical and behavioral standards. The same standards should be applied to all students. If a behavior is not acceptable for students without disabilities, then it is not acceptable from a student with disabilities. Treat students with disabilities in the same way you would treat others without disabilities who behave similarly.

Students should not be disruptive to the educational process of others. If they are, then they should not be in that setting.

Take whatever action is necessary to protect the health and safety of others. Concerns about confidentiality are secondary when there is a significant threat of danger.

"Posing a direct threat and being annoying are two separate issues."

The College will need to consider alternate ways to assess D.E. students who cannot come to campus to take exams for disability-related reasons.

The D.E. student's home campus, the campus where the course originates, or the campus of physical proximity may be called upon to provide special accommodations depending on the situation.

Central coordination of disability accommodations for UH System D.E. students and a central pot of funds are advisable.

Each institution has an obligation to be proactive in providing D.E. access.

The College's focus should be on making new courses being developed accessible right from the start while providing access as necessary to older courses.

If all students in a course are required to provide their own computer access, then the same goes for students with disabilities in the course.

If the computer lab on campus allows access to the course, then it must be accessible to students with disabilities.

PDF files do not lend themselves to assistive technology (screen readers).

Faculty must make sure their on-line course info is accessible to students with disabilities.

Policies and procedures must be in place to check accessibility of anything that goes on to the institutional website.

College webpages should include standard statement, "If you are using assistive technology and cannot access this information please contact: ... to request an alternative format."

A letter of finding from the Office of Civil Rights says that web material went up after the ADA and Section 504 of the Rehab Act; therefore, the obligation is to make web-based services accessible.

LD cannot be determined solely on the basis of scores alone. Providers must look beyond test scores to the manner, condition, and duration of performance.

Places of rescue assistance (as described in ADAAG) are required on each floor and must be clearly designated with appropriate signage and well publicized. Rescue areas may not be in heavy traffic areas. They must be reachable and safe.

Each individual is responsible for getting to the place of rescue assistance during an emergency evacuation. The Fire Department's first responsibility is to sweep the areas of rescue assistance.

The IEP is a negotiated compromise between the student's parents and the school district.

ADA/504 protections are not a function of citizenship but of geography. Students in the US are covered and entitled to the same accommodations as residents.

The College is required to provide equal access to the same classroom experience for all students (i.e., provision of a sign language interpreter is required but not a foreign language sign language interpreter since foreign language interpreting is not done for other students).

Students studying abroad out of US territory are not covered under US laws.

Multiple chemical sensitivity is a condition with a range of impact. It becomes a disability when it imposes a substantial limitation on a person's ability to function (i.e., a runny nose and watery eyes are not a substantial limitation; however, an inability to breathe is).

The College may suggest that others in the student's class refrain from wearing products to class out of courtesy. The College can facilitate a welcoming environment but cannot guarantee it will be chemical free.

ADA/504 laws do not differentiate between levels of access for credit or non-credit students. The institution bears the responsibility for making sure access is in place.

Not having money budgeted for accommodations does not negate ADA/504 obligations.

Students have the right to be in a mainstream class and may not be relegated to a "special" class.

Denying students entry into a class due to a lack of interpreters is an Office of Civil Rights "no-no."

Under ADA/504, protection is for the individual irrespective of the institution (H.S. or College).

K-12 students in special college summer programs are covered by Subpart D (as opposed to Subpart E for post secondary) which includes attendant care.

For Running Start students, the IEP is not binding on the college but Subpart D is.

College needs to have a written agreement with the H.S. that the Running Start experience is included in the student's transition plan. The plan should make clear that the student is destined for post secondary ed and that participation in Running Start is part of that transition plan.

As the CC's renew their Running Start agreement with the high schools, they must make sure that they clearly spell out whose rules will be followed and who will pay.

While the student is in the Running Start program, the College should accept DOE documentation of disability and provide only those accommodations that it normally provides.

Once the student is no longer a Running Start student and becomes a regular HCC student, College documentation standards may be applied.

Student worker job descriptions should define the essential functions of the job and distinguish them from additional (thereby negotiable) functions.

Essential functions of the job should be determined on a case-by-case basis in large departments where there are multiple workers doing the same functions.

Communication skills are reasonable essential functions of a job.

Syllabi statements such as the following make the teacher more approachable to students with disabilities:

If you need disability accommodations in this class, please see me as soon as possible. Please have your verification letter from the HCC Services for Students with Disabilities Office with you when you come to see me.

The syllabi statement may be brief like the one above or more detailed with information such as class assignments requiring specified chemicals, equipment, or materials to be used.

Technical Standards are competencies that all students must demonstrate during their program.

Students with disabilities should be expected to meet the same academic and performance standards as other students in the program or course.

Accommodations may affect how the individual is allowed to demonstrate mastery but not the level of mastery.

When writing tech standards, focus on the what and why of each competency and not the how.

The student is also responsible for helping determine how to accomplish each competency.

Technical standards must contain observable performance criteria that can be reliably applied (can be subjective).

Tech standards may consist of exit criteria that are presented early on in the program to all students.

Short term courses or programs may want to include tech standards in the initial sign up paperwork.

Regular courses or programs need to find ways to inform the most students possible regarding tech standards. One suggestion is to review them at the beginning of each semester.

If screening applicants, must test all or none.

Examples of tech standards:

Early Childhood Program

Recommended statements:
"Students with special needs are encouraged to discuss their specific career goals with faculty during advising."

"Assistive technology may compensate for disabilities but candidates mustbe able to demonstrate all necessary competencies."

Instead of "They should have sufficient motor strength, stamina, and control to allow them to safely carry infants and toddlers (10-30 lbs) regularly and preschoolers (30-50 lbs. in an emergency" it is better to write, "Individual must demonstrate ability to safely lift and transport infants and toddlers."

Marine Program

Instead of "be able to lift 40 lbs. to height of 34 inches," it is better to write, "Be able to move heavy objects into position to accomplish repair work."

Inform upfront, "This is the level of fitness we recommend. If you are not at this level, you may not be able to complete the program."

The College must provide the specialized equipment necessary to use the respirator if the doctor determines the student's condition requires it.

Form can state, "If you have experienced symptoms or received treatment for the following, there are concerns regarding your use of a respirator: list symptoms or conditions If you have any of the above conditions, you will need to see a physician."

Testing accommodations such as extended time should be based on the student's disability documentation.

Unlimited time is not an appropriate accommodation. "Everyone has a time limit."

Diagnostician's recommendations regarding time limits are not binding. The College is obligated to provide access not success.