DISABILITY SERVICES ADA TRAINING Sarah Nagpal Director, Disability Services ADA/Section 504 Coordinator (206)

Why does Disability Services Exist? Federal Laws: Section 504 of the Rehabilitation Act of 1973, as amended First civil rights legislation for people with disabilities Protects qualified individuals with disabilities from discrimination on the basis of disability in the provision of benefits and services Applies only to entities that receive federal funding Americans with Disabilities Act of 1990, amended in 2008 Similar to Section 504 but applies to most establishments, not just federally funded ones Gives broader protection than 504 (2008 amendments give even more protection still) State Laws: Substitute Senate Bill 6501 (E-text bill) Requires publishers and content creators to provide books and materials in electronic format House Bill 2327 (Core Services Bill) Defines 16 specific accommodations eligible students should receive District Policy: Number 201: Equal Opportunity Statement Number : Reasonable Accommodations for Students with Disabilities

Who oversees compliance? On-campus: ADA/Section 504 Coordinator: Sarah Nagpal Office of Civil Rights (OCR) Have jurisdiction to impose sanctions, fines, withdraw federal funding Washington State Human Rights Commission Department of Education

OCR’s own words…. “The law applies to all faculty and staff, not just a Section 504 or ADA coordinator or staff members designated to assist students with disabilities. All faculty and staff must comply with the nondiscrimination requirements of Section 504 and the ADA in their professional interactions with students, because these interactions are part of the operations of the school. So, for example, if an adjunct faculty member denies a student who is blind an equal opportunity to participate in a course by assigning inaccessible course content, the school can be held legally responsible for the faculty member’s actions. Therefore, schools should provide, and faculty and staff should participate in, professional development about accessibility and emerging technology, and about the role of faculty and staff in helping the school to comply with disability discrimination laws.”

How does a student receive accommodations? Stop by DS and/or get an information packet from DS counter Submit documentation of disability Or….talk with DS Director if unable to provide documentation Meet with DS Director for Intake Request accommodations on a quarterly basis Accommodations are not set up unless requested, even if the student has used them in the past

How are accommodations determined? On a case-by-case basis No cookie-cutter approach, no “disability X gets accommodation Y” Process is consistent, but each case is individualized Through an interactive conversation with the students Thoughtful, deliberate process Not a one-way street Based on impact of disability Example: Notetaking for students with ADD – some students need it, some don’t Supported by documentation from a 3 rd party (medical doctor, psychologist, neurologist, etc.) This process takes time, so students should plan ahead

What types of accommodations are available? Notetaking services notes from fellow classmate or copies of instructor notes Exam accommodations additional time, quiet testing location, adaptive software, etc. Furniture adjustable chairs and tables Equipment audio recorders, ergonomic keyboards and mice, adaptive software Alternative Format audio books, electronic text, books in Braille or large print Interpreting ASL interpreters, CART captioners Other flexibility in attendance requirements service animals other accommodations as needed

What is the role of the Disability Services (DS) office? To determine appropriate accommodations for qualified students To notify faculty of accommodations Letters of Accommodation are sent via at the request of the student To assist faculty, staff, and students in the implementation of these accommodations

What is the role of the faculty member? Provide the accommodations listed in the Letter of Accommodation Ensure that all course content is accessible (we’ll come back to this!) Contact DS as soon as possible if there are issues with accommodations and…

What is the role of the faculty member? (continued) To refer students to DS if they disclose that they have a disability or ask about accommodations Sample syllabus statements are a good way to do this Authority to determine accommodations lies with DS Director Legal ramifications when a “person of authority”… grants an “accommodation” is notified of a student’s disability Example: Parent disclosing to advisor Human approach – ok to make exceptions, not always “accommodations” based on a disability

What is accessible content? Videos have captions Test them – you might be surprised! Audio information is accompanied by a transcript PDF files are scanned as readable text, not images Images in PowerPoints, etc. have alt text Instructions provided in writing Includes optional and extra-credit opportunities (alternative assignments are generally not appropriate) Example: watching film vs. writing paper

Using accessible content helps everyone

Be prepared to have a student with a disability in your class today Create accessible content Universal Design Use accessible content Check YouTube videos for captioning, etc. Films on Demand Contact publishers/content creators and push for accessibility Not accessible: MyMathLab (My….anything), ALEKS, iClickers Amazon Kindle lawsuits – iPad is accessible, Kindle is not What about content that’s already been created? Retrofit material you want to continue using Caption videos, etc. Have a plan B, alternate way to teach information

Can I deny an accommodation? Yes and no…. Yes, if the accommodation would be a fundamental alteration of your class…

How is a fundamental alteration determined? Contact DS Director to discuss alternative accommodations We’ll form a committee to determine “fundamental alteration” Accommodation must be provided during this time

How is a fundamental alteration determined? (i) Fundamental Alteration and Undue Burden Procedural Requirements Title II regulations contain procedural requirements for public entities that wish to assert a fundamental alteration or undue burden defense: 1) A decision that a particular action, modification or provision of auxiliary aids and devices would be a fundamental alteration or undue financial or administrative burden must be made by the head of the public entity or his or her designee.[607] [607] 2) Before such a determination is made, all of the resources available for use in the operation of the program or service must be considered.[608] [608] 3) The public entity's determination must be accompanied by a written statement of the reasons for the decision.[609] [609] 4) If an agency determines that a particular action would be an undue financial or administrative burden, this is not a justification for the public entity to do nothing. Instead, the public entity must take any other action that would not be a fundamental alteration or undue burden but that would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits and services of the entity.[610] [610] Though many defendants assert fundamental alteration and undue burden defenses, few cases mention these procedural requirements or discuss whether defendants have complied with them.[611] Advocates may want to request written justifications when public entities refuse to make program modifications and if litigation ensues, argue that defendants have violated this requirement and that after-the-fact justifications should be viewed skeptically by courts.[611]

How does a student file a complaint? Complaints & Grievances Procedures handout given to students at every intake meeting Students are encouraged to resolve complaints at lowest level, but they can start anywhere Informal complaint process Formal complaint process Office of Civil Rights (OCR) Washington State Human Rights Commission Department of Education Filing a complaint is a students right, so students shouldn’t be discouraged from doing so

Resources – where to go with questions Disability Services Fellow colleagues, deans eLearning TLC