Faculty & Staff

Nondiscrimination is the Goal

The fundamental purpose of the Rehabilitation Act of 1971 and the Americans with Disabilities Act of 1990 is to ensure that a person with a disability is not discriminated against within the academic and overall college experience.

Access is the Goal, Not a Specific Accommodation

The goal is equitable access (not to implement a specific accommodation), which occurs when disabled individuals are able to:

• Fully engage and participate in the same activities, campus services, benefits and experiences offered to a person without a disability.
• Utilize the same information shared with everyone.
• Have the same opportunity to achieve.

Facilitating accommodations makes the environment more accessible so the above can occur.

Facilitate Equal Opportunity, Not Reduced Expectations or Success

• Accommodations should let students into the same opportunities everyone else has.
• Accommodations are not facilitated to ensure student success.
• Accommodations should not remove responsibilities, expectations, or standards held for all students.
• Facilitating access need not fundamentally alter the academic experience by reducing the expectations necessary to achieve the learning and program objectives.

• Timing of Letter Request and Accommodation Implementation: Students connected with OAS can request Accommodation Letters with accommodation information to be sent to professors at any time. However, faculty and OAS reserve the right to require reasonable notice to apply accommodations.
• Faculty Contact with Students: Faculty are not required to contact students upon receipt of the Accommodation Letter but may choose to do so. 
• Facilitation of Accommodations: Some accommodations on the Accommodation Letter are reasonable under most circumstances and will be facilitated as long as established procedures are followed. Extra time for exams is the most common example.
• Contact OAS When Necessary: Some accommodations on the Accommodation Letter require discussion between OAS and faculty to determine the extent to which the accommodation is or is not reasonable for a course. See the fundamental alteration procedure below.
• Not All Accommodations Will Apply: Some accommodations on the letter will not be applicable for your course because the design of the course does not warrant the need for the accommodation. An example would be where extra time for exams is listed as an accommodation, but the class does not include exams as part of the grade.
• Faculty Feedback is Essential to the Process: OAS wants to understand faculty questions and concerns. We value the faculty partnership. Contact OAS with any questions about an accommodation or its intent, related procedure, or applicability to the course.

While many accommodations can be facilitated in a self-explanatory manner upon receipt of the Accommodation Letter, there will be times when OAS and a professor will need to discuss the reasonableness of an accommodation through an interactive review process. The determination that an accommodation is unreasonable is an institutional decision that must meet legal and educational requirements. Faculty members should not unilaterally render and attempt to implement a judgment that an accommodation is unreasonable.

Fundamental Alteration Procedure

A “fundamental alteration” refers to a modification that substantially changes the essential nature of a course or program. Examples may include:

• Lowering academic standards
• Waiving acquisition of essential skills or knowledge
• Removing requirements tied to health, safety, licensure, or accreditation
• Altering core learning outcomes of a course or program

Federal guidance from the Office for Civil Rights (OCR) emphasizes that these decisions must be made through an individualized and interactive process involving knowledgeable and trained individuals, rather than by one faculty member alone. The review process should thoughtfully examine the essential objectives of the course and explore reasonable alternatives that would allow the student access without fundamentally altering the curriculum.

When determining whether an accommodation would alter an essential requirement, the following questions are considered:

• What essential course or program objective would be affected?
• What role does that objective serve within the curriculum?
• Is the requirement documented through syllabi, accreditation standards, or technical standards?
• Could the student demonstrate competency in another way without compromising essential outcomes?
• Have similar modifications or flexibility been permitted previously?
• Are there alternative accommodations that would provide equal access without altering the essential requirement?

If an instructor believes an accommodation may fundamentally alter a course requirement, the following process should occur:

1. Contact the Office of Accessibility Services to discuss concerns.
2. Participate in an interactive review process involving appropriate individuals such as the instructor, department chair, additional faculty, and accessibility staff.
3. Engage in a thoughtful review of essential requirements and possible alternatives.
4. Accessibility Services will communicate the final decision to the student and continue working collaboratively to identify reasonable alternatives when appropriate.

The goal of this process is to ensure equal access for students with disabilities while preserving the academic integrity and essential standards of the course or program.

Best Practices

Discussing accommodations with college students requires sensitivity, confidentiality and clear communication. Here are some best practices for faculty:

1. Create a welcoming environment:
   • At the beginning of the semester, include a statement in your syllabus inviting students to discuss their accommodation needs. This sets a positive tone and encourages students to approach you.
2. Schedule private meetings:
   • Arrange to meet with students privately, either during office hours or at a mutually convenient time, to discuss their accommodations. This ensures confidentiality and allows for an open, honest conversation.
3. Listen actively:
   • Give the student your full attention during the meeting. Listen to their needs and concerns without interrupting and ask clarifying questions to ensure you understand.
4. Review the Accommodation Letter:
   • Go over the Accommodation Letter with the student. Discuss how each accommodation will be implemented in your course and what the student can expect. For instance, if a student needs extended time for exams, discuss the logistics and confirm the arrangements in writing. Address any questions they may have.
5. Be empathetic and supportive:
   • Show empathy and support by acknowledging the student’s challenges. Use inclusive language and avoid making assumptions about their abilities.
6. Maintain confidentiality:
   • Ensure that all discussions about accommodations are kept confidential. Do not disclose the student’s disability status or accommodations to other students or unauthorized personnel.
7. Follow up:
   • Check in with the student periodically to see how the accommodations are working and if any adjustments are needed.
8. Collaborate with the Office of Accessibility Services:
   • Work closely with the Office of Accessibility Services to ensure that accommodations are implemented effectively. Seek their guidance if you encounter any challenges or have questions.
9. Document the process:
   • Keep records of all communications and steps taken to implement the accommodations. This documentation can be helpful if any issues arise and helps ensure a clear and organized approach.

Faculty should not provide accommodations of their own accord and should refer students to the OAS.

• When faculty choose to make accommodation decisions directly with a student without going through the OAS, it potentially sets students up for problems with other faculty members and could conceivably invite litigation.
• Providing accommodations outside the OAS can set the student up for difficulty in other settings like graduate school or employment. The OAS needs to maintain a record of accommodations for verification purposes in order to be considered a student with a disability.
• When a faculty member chooses to directly decide on and provide accommodations for one student but does not for another student with either the same or different disability, it could open the door for a grievance complaint.

Resource: When Faculty are too Accommodating by Jane Jarrow

Requesting specific information about a student’s disability is inappropriate. Requesting a letter from the student’s physician is inappropriate. The accommodation letter is all that is needed to justify the accommodation.

Talk with the student about your concerns regarding his or her performance. If the concern seems disability-related, work into conversation with the student information about the Office of Accessibility Services and how to request accommodation(s). You cannot directly ask the student if they have a disability. Whether to self-identify to the OAS is the decision of the student; however, to receive accommodations, disclosure to the OAS is required.

Many students come to OAS based on a referral from a professor. If the student mentions specific academic concerns, such as needing more time for exams or challenges with concentration, let them know about OAS. 

When referring to OAS, we recommend saying something along the lines of “OAS will determine if any accommodations are reasonable for you.” It is critical to not promise upfront that you will facilitate certain accommodations upon OAS approval. Some students who come to OAS do not have disabilities or they request accommodations that are not reasonable to their situation. Advance promises can create significant problems.

What if the Student is Hesitant?

If a student is hesitant to request accommodations, there are several strategies that can help them feel more comfortable and supported in doing so:

1. Normalize the process:
   • Reassure the student that requesting accommodations is a common and accepted practice. Many students use accommodations.
2. Reframe the conversation:
   • Emphasize that accommodations are a right, not a privilege, and that they are designed to provide equal access to education. This can help shift the student’s perspective.
3. Provide information:
   • Share information about the accommodation process, including how to request them. This can help demystify the process and reduce anxiety.
4. Highlight confidentiality:
   • Emphasize that all information regarding their disability and accommodations will be kept confidential. This can alleviate concerns about privacy.
5. Offer to assist:
   • Offer to help the student contact the Office of Accessibility Services or to accompany them to their first meeting. This can provide moral support and make the process less intimidating.

Treat the student as you would any student who is not performing well in your class. Invite the student to your office hour to discuss reasons for the failing performance and what resources the student may use to improve. Contact the OAS to discuss any concerns.

Talk with the student to discuss your concerns that absences are affecting class performance. Remind him or her of your policy on class absences. Determine with the student whether the missed work can be made up and make arrangements with the student to do so. Refer the student to the Office of Accessibility Services if they disclose that a medical condition is a factor in the class absences.

Seizures happen when there is a sudden electrical discharge in the brain. Each individual has a unique reaction. A seizure can result in a relatively slight reaction, such as a short lapse in attention, or a more severe reaction known as a grand mal, which involves convulsions. Seizure disorders are generally controlled by medication, so the possibility of a seizure in the classroom is rare. If one does occur, the following actions are suggested:

• Keep calm.
• Ease the student to the floor and open the collar of the shirt.
• You cannot stop a seizure. Let it run its course.
• Remove hard, sharp, or hot objects that may injure the student, but do not interfere with his or her movements.
• Do not force anything between the student’s teeth.
• Turn the student’s head to one side for release of saliva.
• Place something soft under the head.
• Make sure that breathing is unobstructed, but do not be concerned if breathing is irregular.
• When the student regains consciousness, let him or her rest as long as desired.
• To help orient the student to time and space, suggest where he or she is and what happened. Speak reassuringly to the student, especially as the seizure ends. The student may be agitated or confused for several minutes afterward.
• Don’t leave the student alone until he or she is clearheaded.
• If the seizure lasts beyond a few minutes, or if the student seems to pass from one seizure to another and cannot maintain consciousness, call 911. This rarely happens, but when it does, it should be treated immediately.

Universal Design is an approach to creating environments and products that are usable by all people with a broad range of abilities and disabilities to the greatest extent possible, without the need for adaptation or specialized design. 

Imagine that a person who uses a wheelchair approaches a building where the only way to enter the building is via a set of stairs that lead to the only entrance. No ramp. No ground floor entry. The person who uses the wheelchair cannot get into the building. Is it that person’s fault that entry is not possible or is the issue with how society designed that building? What is the real barrier here?

Why is access so important? Disabled students must be able to engage in the same activities, access the same information, and enjoy the same services, benefits and experiences as a person without a disability, in an equally effective and integrated manner, with substantially equivalent ease of use.

When OAS must collaborate with professors and students to facilitate an accommodation for a course, the accommodation is a reactive response to an aspect of the course not designed with full access from the outset, much like a building with no ground level or ramp entry. Accessible course design from the outset is best practice. Accommodations are a necessary but less-than-ideal last resort.

It is impossible to make every course fully accessible at all times. For example, there will always be the need for sign language interpreters when a deaf student fluent in sign language is present in the class. However, intentional course design can reduce the need for reactive accommodations.

While by no means an exhaustive list, the following access ideas and considerations can create a better experience for all students and reduce accommodation needs for students with disabilities by proactively making a course accessible and inclusive.

Course Note/Recording Access

• Make lecture recordings and other content available to all students for review.
• Consider providing PowerPoint slides to students in advance of the class to assist with note-taking during class.
• Make sure PowerPoints are fully accessible by ensuring they contain only necessary images, and all images have "alt-tag" descriptions that can be read by screen readers. Words do not "fade in" to overlap, and any embedded media (videos, music) is also accessible. Often, students will convert a PowerPoint presentation into a PDF in order to use it with a screen reader; if the file cannot be converted and still be fully informative, it is not accessible.

Auditory & Reading Access

• Only use videos where full, accurate captioning is an option.
• Activate the auto-captioning feature for all virtual courses.
• Offer syllabi in advance of the class starting on the webcourse so that students can read, review and process, if interested, prior to the day it is discussed.
• Ensure all handouts and other course materials are accessible. It is common for professors to send out PDF scans of articles, but these are often not accessible and cannot be read by text to speech software or a screen reader.
• When adopting required reading materials, such as textbooks, confirm with the publisher that electronic text (e-text) formats are available for purchase. For supplemental reading materials, ensure that these can be read by text to speech software and screen readers.

Test, Quiz and Other Assessment Access

• Consider inclusive alternatives to pop, short in-class, and iClicker quizzes. Facilitating extra time on quizzes generally requires students to go to the LEAD Center or meet with their professor right before or after class in order to get the extra time, which can be difficult logistically.
• Design tests with multiple means of assessment (multiple choice, true/false, essays, etc. when aligned with content).
• Online exams are often easier to accommodate and allow for a more inclusive test experience than paper exams. A simple time extension to the student’s online test allows the student to test in the same online environment as everyone else in class.
• Consider offering multiple assessment options when possible, such as allowing students to do a presentation, a video, or write a paper to fulfill the same course objective.

Course Activity Access

• Reconsider exercises or assignments that require a response based on an individual’s sensory abilities. What barriers may be created for different students when these abilities are being assessed?
• When feasible and practical, identify ways in which the course policies can be adjusted and flexible for case-by-case student needs. Some course policies, such as absolutely no make-up exams, can be significant barriers that limit a student’s ability to truly demonstrate academic understanding.