1. ROANE STATE FACULTY TRAINING
Elizabeth Martin, associate General Counsel
January 10, 2017

2. CONFIDENTIALITY OF STUDENT Records
FERPA

3. Family Educational Rights and Privacy Act – FERPA
Statute: 20 U.S.C. § 1232(g) Also known as the Buckley Amendment Regulations: 34 CFR Part 99

4. PURPOSE OF FERPA
FERPA is a federal law designed to protect the privacy of students’ education records.
In the context of higher education, FERPA gives every student (or former student) attending any school beyond high school personal access and privacy rights with respect to their education records.
Conditions receipt of federal funds on an education institution not having a policy or practice of permitting release of education records without prior consent.

5. What are educational records?
“Education records” are records which –
(1) contain information which is directly related to a student or a former student (exclusively alumni records are not included within the definition); and
(2) are maintained by an educational agency or institution or by a party acting for the agency or institution.

6. Educational records include
Handwriting
Video or audio tape
Computer media
Microfilm and microfiche
Text Messages
Film

7. Disclosure of Student Records
Must occur through the Student Records Office or Director’s Office
Individual employees are not authorized to disclose student records without approval from the appropriate office
Student Records Office has a process to determine whether student records may be lawfully disclosed and how to record the disclosure in the student file
Tennessee Educational Records As Evidence Act: Tenn. Code Ann. §§ et seq.

8. Employees’ Duty To Safeguard Student Records
Do not disclose student records under any circumstances absent approval
Subpoenas
Warrants
FBI / TBI Requests
Do not disclose information contained in a student record (including verbal disclosure of information)
Contact Student Records Office and / or your Technology Center’s attorney when you receive a request for student records

9. Student Rights Student has a right to view their own records
To seek to have their records amended
To control access to their records
To file a complaint with OCR
Parents do NOT have a right to view their child’s records unless the student has signed a release
It is important to respond to a request for records from a student
 when a subpoena duces tecum is served upon a custodian of records of any educational institution in this state in an action or proceeding in which the educational institution is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the educational institution or of the educational institution's present or past student, it shall be sufficient compliance with the subpoena if the custodian or other officer of the educational institution within twenty (20) days after being served with a subpoena duces tecum, shall, either by personal delivery or certified or registered mail, file with the court clerk or the officer, body or tribunal conducting the hearing, a true and correct copy, which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating, or other approximate process, or a facsimile, exemplification, or copy of such reproduction or copy, of all records described in the subpoena. Before complying with a subpoena for student records, the educational institution shall make a reasonable effort to notify the parent or the eligible student of the subpoena, so that the parent or eligible student may seek protective action, unless the subpoena was issued by a federal grand jury or for a law enforcement purpose and the court or other issuing agency ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

10. Questions

11. Students with Disabilities
ADA and Section 504

12. Today Our responsibilities to students with disabilities
Differences between High School and College
Interactive Process
Reasonable Accommodations
Continuing Obligations

13. OUR FEDERAL OBLIGATIONS
“Schools, colleges, universities, and other educational institutions have a responsibility to ensure equal educational opportunities for all students, including students with disabilities. This responsibility is based on Section 504 of the Rehabilitation Act of (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which are enforced by OCR.”
Office of Civil Rights, Dear Colleague Letter, July 25, 2000

14. WHAT IS DISABILITY DISCRIMINATION?
Rehabilitation Act of 1973: “No otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance[.]” 29 U.S.C. § 794(a)
ADA: “No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132

15. Federal Regulations
Federal Regulations requires not only that we not discriminate against someone based on their disability but that our colleges reasonably accommodate a disability.
Under Section 504, federal regulations require
“A recipient shall take such steps as are necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under the education program or activity operated by the recipient because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.”
ADA, Title II regulations provide,
“A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.”

16. An "individual with a disability"
a person who:
has a physical or mental impairment that substantially limits one or more of the major life activities;
has a record of such impairment; or
is regarded as having such an impairment.

17. Students with Disabilities
Disabled college students are protected by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
Roane State students with disabilities
Have the right to equal educational opportunities.
Sometimes that requires a reasonable accommodation
Disability Services at Roane State are responsible for coordinating reasonable accommodations for students.
Reasonable accommodations might include
Academic Adjustments
Auxiliary Aids and Services
Schools, colleges, universities, and other educational institutions have a responsibility to ensure equal educational opportunities for all students, including students with disabilities. This responsibility is based on Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which are enforced by OCR.”
Office of Civil Rights, Dear Colleague Letter, July 25, 2000
To receive accommodations, students must complete the steps below.
Steps To Request Accommodations
1.Students must read the entire Disability Services Handbook.
2.Complete and submit pages of the handbook to Disability Services.
3.Submit appropriate documentation of your disability to Disability Services.
4.Schedule an appointment with a counselor. This step must be done each semester before classes begin.

18. Differences between High school and Roane State
Access to Educational Opportunities
ADA
Parents involved only if student consents in writing
FOCUS: Access
Free and Appropriate Public Education
IDEA Individuals with Disabilities Education Act
Section 504, Rehab Act of 1973
Parents are involved
FOCUS: Success

19. Differences between High school and roane state
RSCC
Process starts with the school
IEP-Individual Education Plan
School owes a duty to the student to recognize possible disabilities and find ways to accommodate and provide educational opportunities
Process starts with the student
IEP does not apply
Accommodation Plan developed through Interactive Process
If student does not request accommodation, there is no duty to accommodate
Requests are not retroactive

20. Differences in accommodations High school v. roane state
Teachers may be required to modify curriculum
Student’s IEP sets the standards required for a degree
Tests: may be required to change format and grading
no changes to academic requirements
Faculty are not required to change curriculum or alter required assignments
Tests: normally no changes in format or substance. Accommodations relate to process—additional time, use of computers, quiet space

21. Process under ADA Student requests accommodation
SDS coordinator provides forms for student to request supporting documentation.
Student turns in Supporting Documentation and Interactive Process begins
Determination of appropriate reasonable accommodations and Creation of Accommodation Plan for the current semester.
Notification of Faculty
Must develop a new Accommodation Plan each semester (might not apply to all RSCC programs)

22. Forms Roane state sds has all forms
Student is responsible for supplying medical or other professional documentation.
SDS evaluates and determines appropriateness. If sds doesn’t don’t find the information is sufficient or appropriate, sds can request further information. For example, a note from the student’s parent stating that their child has ADHD is not sufficient documentation.
The documentation must be appropriately recent.
Evaluation is done at student’s expense
Do not rely on the IEP.
Do all RSCCS have forms? Online? Be consistent from student to student.
RSCC Knoxville forms are great.

23. Interactive process Participants Student SDS coordinator Instructor
Parents only participate if the student has consented to the participation in writing
SDS Coordinator ROLE
work with the students and their instructors to identify barriers to accessing the course, program, service, or activity and recommend reasonable accommodations that mitigate impact of the barriers but do not fundamentally alter the essential functions of the course, program, service, or activity.
STUDENT ROLE
discuss the impacts of their disability, provide information/documentation on an as-needed basis, and share what disability accommodations have worked in the past.
INSTRUCTOR ROLE
be ready to identify the essential elements of the course of program and to inform SDS coordinator if the recommended accommodations fundamentally alter the academic requirements.
It might be helpful for us to develop a form to document the interactive process. Often this happens on the accommodation form but it might not if there are issues that disagreed on.

24. Interactive Process Considerations
Ask Student what accommodation they are seeking
Discuss options
SDS coordinator may talk with faculty separately to confirm the requirements and whether accommodations are reasonable and helpful
Decision on reasonable accommodation rests with the college
Student should be able to respond
Ask Student sometimes they don’t want everything that you might fear

25. Accommodation Plan Accommodation plan must be written.
Accommodation plan should be specific, clear and concise.
Accommodation plan must not require substantial program alteration.
Accommodation plan may be for current trimester or entire program.
Accommodation plan is NOT retroactive.
The written accommodation plan is shared with the faculty member.
NOT retro but you can work with students. Doesn’t mean that you must REFUSE to apply retroactively or give another chance
Encourage student to meet with faculty to make sure that everyone is on the same page.
RSCC Knoxville has good forms.

26. Academic adjustments
[S]uch modifications to [the] academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of [disability] against a qualified ... applicant or student [with a disability]. Academic requirements that the recipient can demonstrate are essential to the instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted C.F.R. § (a)

27. Auxiliary aids and services
They include note-takers, readers, recording devices, sign language interpreters, screen-readers, voice recognition and other adaptive software or hardware for computers, and other devices designed to ensure the participation of students with impaired sensory, manual or speaking skills in an institution’s programs and activities
Institutions are not required to provide personal devices and services such as attendants, individually prescribed devices, such as eyeglasses, readers for personal use or study, or other services of a personal nature, such as tutoring.
If tutoring is offered to the general student population, tutoring services must be made available to students with disabilities.
defined in the Section 504 regulations at 34 C.F.R. § (d), and in the Title II regulations at 28 C.F.R. §

28. Examples of Accommodations
Allowing extra time on exams
Allowing a reduced course load and extended time within which to complete degree requirements
Not assessing penalties for spelling errors on papers or exams
Allowing course substitutions for certain required or pre-requisite courses
Permitting a student to tape-record a class
Even if you normally do not allow students to tape classes, it might be a required accommodation

29. Examples of Auxiliary Aids
closed caption decoders
open and closed captioning
voice synthesizers
specialized gym equipment
calculators or keyboards with large buttons
reaching device for library use
raised-line drawing kits
assistive listening devices
assistive listening systems
telecommunications devices for deaf persons.
taped texts
Note-takers
interpreters
readers
videotext displays
television enlargers
talking calculators
electronic readers
Braille calculators, printers, or typewriters
telephone handset amplifiers

30. Accommodation Requests that are not Reasonable
Pose a direct threat to the health or safety of others
Require a substantial change in an essential element of the curriculum
Require a substantial alteration in the manner in which services are provided
Require an undue financial* or administrative burden
 Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
SAFETY OF OTHERS-- not really the disabled student
* In other words, it will not be the budget of the Biology Department, or the Natural Sciences Dept., or Pellissippi State that is evaluated, but the budget of the State of TN against which the yardstick of “undue financial burden” will be measured.

31. DIRECT THREAT
Title I of the ADA defines “direct threat” as “ a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.” 42 U.S.C. § 12(1)(3)
Title II of the ADA defines “direct threat” as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services a provided in § ”
Actual or Perceived?
Be clear about the threat?
Threat to others
That cannot be eliminated
by modification
by auxiliary aid
Cannot really consider threat to self

32. Faculty Responsibilities
Refer students who request an accommodation to Student Disability Services
Cooperate in providing approved accommodations
Do not attempt to diagnose a student’s disability or to create reasonable accommodations on your own. Refer students to DSS if they come to you
saying that they have a disability. Students who self-identify themselves as
Take no action against the student based on the disability
Consult with Student Disabilities Services if needed
Maintain confidentiality regarding a student’s disability
Not tolerate any harassment by other students
Report any disability discrimination
Don’t interfere with any modification to a facility
Work with the student and the SDS to make sure that you are fulfilling your responsibilities under the plan of accommodations
REFER to SDS don’t try to accommodate on your own, or request information about disability. Pointe them toward the RSCC policy and tell them they need to work with SDS.
Confidentiality

33. Questions