Americans with Disabilities Act Amended What Colleges Should Know About ADAA/Title II Presented by Janie Beverley Director, BSCTC Office of Disability Support Services Faculty/Staff Training

The Federal Rehabilitation Act 1973 This Act prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors.

Americans With Disabilities Act (ADA) 1990 The ADA is a frequently misunderstood document designed to make sure that public and commercial facilities are accessible to disabled person, so long as the accommodations are not “structurally impracticable.” Title II covers all activities of postsecondary educational institutions whether or not they receive Federal funds.

KCTCS Policies and Procedures for DSS The Kentucky Community and Technical College System (KCTCS) is committed to providing equal education opportunity and full participation for persons with disabilities. It is the System’s policy that no otherwise qualified person with a disability be excluded from participating in any KCTCS program or activity, be denied the benefits of any KCTCS program or activity, or otherwise be subjected to discrimination with regard to any KCTCS program or activity.

The Types of Disabilities Reported Learning disabilities 45.7% Mobility or orthopedic impairments 13.9% Health impairments 11.6% Mental illness or emotional disturbance 7.8% Hearing impairments 5.6%

The Types of Disabilities Reported by Students with Disabilities Speech or language impairments 0.9% Blindness and visual impairments 4.4% Other impairments 9.1% Source: An institutional Perspective on Student with Disabilities in Postsecondary Education, National Center for Educational Statistics August 1999

College Rights and Responsibilities Maintain and require academic and technical standards in their individual programs. Request the student to provide relevant documentation, completed by an appropriate professional source, to verify the disability and the need for reasonable accommodation(s).

College Rights and Responsibilities Discuss a student’s need for reasonable accommodations with professional source of his/her documentation after obtaining the student's signed consent authorizing such discussion. Provide reasonable accommodation(s) to our students on a case-by-case basis.

College Rights and Responsibilities Deny a request for accommodations if the documentation does not identify a specific disability, the documentation fails to verify the need for the requested services, or the documentation is not provided in a timely manner. Deny an accommodation request that is inappropriate or unreasonable and would create an undue hardship on the college.

KCTCS colleges have the responsibility to: Provide appropriate settings for our courses, programs, services, jobs, activities, and facilities available through KCTCS colleges. Make available information regarding policies and procedures to students with disabilities. Evaluate students on their abilities.

KCTCS colleges have the responsibility to: Provide reasonable and appropriate accommodations for students with disabilities upon request. Maintain confidentiality of records and communications concerning students with disabilities.

Student Rights Equal access to courses, programs, services, job, activities, and facilities available through KCTCS colleges. Reasonable and appropriate accommodations determined on a case-by-case basis.

Student Rights Appropriate confidentiality of all information pertaining to his/her disability with the choice of whom to disclose his/her disability to with the exception of those who are required by law know. Access to information.

Student Responsibility Students must disclose the fact that they have a disability to receive accommodations. Students provide diagnostic verification of this disability to the office of disability services. Students are informed of specific procedures necessary for obtaining and utilizing disability accommodations.

Student Responsibility Students must inform the disability services director and/or instructor about all testing/classroom accommodations within one week of delivery of services. Students will contact the Director of Disability Support Services if reasonable accommodations are not implemented in an effective or timely way.

Faculty Responsibilities The faculty member will make available the name and contact information of the Director of DSS on each syllabus. It should be printed in 20 point font as recommended by ADA. The faculty member will receive appropriate information regarding a student’s disability request from Janie Beverley, Director for Disability Support Services.

Faculty Responsibilities The faculty member is expected to provide reasonable accommodations upon request. The faculty member may discuss the reasonable accommodations request and implementation procedures with the student.

Faculty Responsibilities The faculty member will contact the Director of Disability Support Services if he or she has questions or concerns about the accommodations requested. If at any time during the semester the student is not using the accommodations appropriately, the faculty member should contact the Office of Disability Support Services in writing.

How to Implement Accommodations When a person with a disability approaches you, you should talk to them outside of the classroom before or after class. Do not talk about the person’s disability in the classroom. A person with a disability is not getting special treatment. The accommodations are to give that person the same opportunities for success as any other student.

How to Implement Accommodations Persons with disabilities are entitled to accommodations in the jobs they obtain. A student may not need a specific accommodation in every class. You need to talk to the disabled student to see what suggested accommodations they need for your specific class.

TEST TRACKING FORM BSCTC OFFICE OF DISABILITY SUPPORT SERVICES Name of student taking exam:_______________________________ Proctor’s name:_______________________________________________ Course:________________________________________________________ Instructor/professor for course:______________________________ Name of person dropping off exam:__________________________ Preference for return of proctored exam: (please check one) __interoffice mail__office delivery___instructor will pick up Date and time exam is scheduled:____________________________ Date and time exam was returned:____________________________ Name of person returning the test:____________________________ Accommodation (check all that apply):__proctor__reader__scribe _extended time Unusual circumstances: (ex: inappropriate request for assistance, observation of cheating, student became ill or had seizure)_____________________________________________________ Revised 7/23/10

How to Implement Accommodations Even if a student is registered with DSS, that does not mean they are eligible for accommodations on standardized tests. The accommodations on standardized tests must be decided by the company or agency giving the test. Accommodations should not be given to any student without receiving a formal request.

How to Implement Accommodations If you are ever in doubt about how to accommodate a student you should contact the person in charge of disability services. It is up to the person in charge of Disability Support Services to determine how much information you need to know about a person with a disability.

How to Implement Accommodations The disability staff cannot make an accommodation at the suggestion of a teacher. The person with the disability must request the help. The director of disability services has the right to refuse an accommodation request. The teacher should not give a person an accommodation if the person was refused the accommodation by disability services.

How to Implement Accommodations If a person with a disability does not request an accommodation at the beginning of the semester, the instructor is not legally obligated to make that accommodation retroactive. The accommodation does not go into effect until it is verified by ODSS. Any work done before the teacher is notified is taken at face value.

How to Implement Accommodations If you plan a field trip or plan to attend a meeting of some organization you must make arrangements for your students with disabilities. You must check to see if the places you wish to go are accessible. If they are not, you can give the student with a disability an alternative experience should you and the student agree it is comparable.

How to Implement Accommodations A student must check with disability services each semester to go over the accommodations and make sure nothing has changed. Do not use the previous semester’s request if the student signs up for a class you teach the next semester. Send the student to ODSS to make sure everything is up to date.

Meeting the “ACCESS” test If you use a lot of VCR tapes, be sure to include closed captioning. If you use transparencies for projection, provide an alternative format such as PPt for those with visual impairments. Remember: If the student with a disability can’t see the information, the student does not have the same access to the same Be open to universal ways of teaching.

Meeting the “ACCESS” test learning opportunity to comply with the promise of “access” for all activities, services and programs as written in the KCTCS Policies and Procedures for Disability Support Services.

Universal Design for Learning In terms of learning, universal design means the design of instructional materials and activities that makes the learning goals achievable by individuals with wide differences in their abilities to see, hear, speak, move, read, write, understand English, attend, organize, participate, and remember.

Universal Design for Learning In application, it serves as a guide to design course instruction, content, materials, and assessments that are accessible and appropriate for persons with different backgrounds, learning styles, abilities, and disabilities in a wide variety of learning contexts.

Because a practitioner recommends a specific accommodation does not necessarily mean that the college must automatically grant that accommodation. Accommodations are to provide equal access to programs and services, so each individual student with a disability need is decided on a case-by-case basis.