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Americans With Disabilities Act
   (ADA) and Section 504




Reasonable Accommodations
What is Section 504 ?
Section 504 of the Rehabilitation Act of 1973 is
a national law that protects qualified
individuals from discrimination based on their
disability.

Section 504 forbids organizations and
employers from excluding or denying
individuals with disabilities an equal
opportunity to receive program benefits and
services. It defines the rights of individuals
with disabilities to participate in, and have
access to, program benefits and services.
How does the ADA affect
      postsecondary schools ?



Title II of the ADA covers state funded schools
such as universities, community colleges and
vocational schools. Title III of the ADA covers
private colleges and vocational schools. If a school
receives federal dollars regardless of whether it is
private or public it is also covered by the
regulations of Section 504 of the Rehabilitation Act
requiring schools to make their programs
accessible to qualified students with disabilities.
As students and their
families prepare for the
transition from
secondary school to
postsecondary options
they often find they are
less familiar with the
protections provided by
the Americans with
Disabilities Act (ADA)
and Section 504 of the
Rehabilitation Act.
Although protections
    exist in higher
 education, students
   have considerably
more responsibility to
  request and design
       their own
accommodations and
 this responsibility is
       ongoing.
At the time of admission, please do not
promise students specific accommodations.
The student MUST first meet with the
Disability Services Coordinator to discuss
application criteria and accommodations.
Who is Protected by ADA ?




To be protected by the ADA, one
must have a disability or have a
relationship or association with an
individual with a disability.
How is “Disability” Defined?
• A person who has a physical or mental
  impairment that substantially limits
  one or more major life activities
• A person who has a history or record of
  such an impairment
• A person who is perceived by others as
  having such an impairment.
When Are Students Protected by
          ADA and 504?
• Students must meet admission
  or other standards determined
  by the school; and,
• Students must have a disability
• SWD must demonstrate all
  academic and technical skills
  required to perform essential
  functions.
What happens when Students With
Disabilities (SWD) no longer meet
    academic requirements?


Postsecondary schools are not obliged
to accept or retain persons with a
disability because they are disabled.
What is required of the SWD?

• SWD must demonstrate all academic
  and technical skills required to perform
  essential functions.
• SWD must demonstrate they are
  qualified for admissions to a particular
  program or institution before there is
  consideration of the role of
  accommodations in reducing the
  impact of their disabilities.
SWD are held to identical technical
and academic standards and must
 demonstrate essential functions




      SWD should NEVER assume
  requirements (such as math or foreign
  language) are waived because of their
                disability
What are academic & technical
 standards and essential functions?
Technical Standards – Non academic
 requirements for admission or
 participation in a program. Examples
 include…
• Health and strength requirements
• Personal traits
• Compliance with the student code of
  conduct
academic & technical standards and
     essential functions, cont.
Academic Standards – include all academic
 requirements for participation in a
 program. Examples include…
• Passing all required courses
• Completing all requirements within
  classes
• Participating in internships and other
  service learning experiences
• Meeting GPA requirements
academic & technical standards and
     essential functions, cont.




• Attending class
• Adhering to deadlines for degree
  completion
• Remaining academically qualified from
  admission to graduation even though
  standards progressively increase.
academic & technical standards and
      essential functions, cont.
Essential Functions – Elements considered
 fundamental to performance of a job or
 academic requirement. Examples include…
• Learning
• Demonstration of skills and personal
  strategies
• Participation in the classroom environment
• Laboratory activities and fieldwork
academic & technical standards and
      essential functions, cont.


• Basic skills required for practice and
  professional certification or licensure.
• SWD who do not meet essential
  functions are not otherwise “qualified”
  and are not accommodated under the
  law.
Must students disclose the existence
         of their disabilities?
• To obtain services, SWD must disclose their
  disabilities to the appropriate personnel
• SWD must provide all documentation
  required by the institution
• If a person obviously uses a wheelchair or is
  blind or deaf, no further documentation may
  be necessary
• SWD must specifically request academic
  accommodations
What is the disclosure procedure for
Baker SWD?


• SWD complete the BAKER COLLEGE
  Disability Services REQUEST FORM and
  submit it to the Disability Services
  Coordinator
• SWD requesting services will be contacted
  by the Disability Services Coordinator, if
  needed, to review the students’ needs and
  possible accommodations
Disclosure procedure for Baker
             SWD, cont.
• SWD must provide formal documentation (such as
  diagnosis by a medical
  doctor, psychologist, psychiatrist, school
  psychologist) of their disability
• If no documentation is available, it is the
  responsibility of the student to have new
  documentation prepared. This can mean paying to
  have an appropriate professional conduct a new
  evaluation
• Students who choose to disclose to their
  instructors that they have accommodations will
  present an Accommodations Letter listing the
Confidentiality
Instructors
• Information regarding
  students’ disabilities will
  NOT be disclosed to
  instructors
• Information regarding
  specific approved
  accommodations WILL be
  disclosed to instructors at
  the discretion of students
  approved for services
Confidentiality, cont.
Parents
• No longer permitted to
  register their children for
  disability service
• No longer permitted to
  receive reports about their
  children’s academic
  progress or use of
  accommodations
• No longer permitted to
  demand new or additional
  services
Baker College of Flint
                          Volunteer Note Taker Instructions for Instructors
Date

Instructor’s Name                            Class                                              Section

Student Requiring a Note Taker:

Dear Instructor,
You have received this letter because you will have a student (see above) with a disability requiring a note taker
in your class. Please recruit a volunteer note taker at the beginning of class. Volunteer note takers will receive a
gift at the end of the Quarter. Volunteer hours are beneficial for use on scholarship applications, resumes, and
public service requirements. Note takers should have very good attendance in class.
When you ask your class for a volunteer, please remember the identity of the student receiving notes is
confidential. The note taker must sign the note taker agreement (in the packet) and deliver it to the Academic
Office. You will also be given a packet of carbon note taker paper to give to the note taker. Let the note taker
know for whom s/he is note taking by showing him/her the student’s picture from your attendance roster.
If you are unable to get a note taker or do not need a note taker for your class, please check the appropriate box
below and return this form to the Academic Office.
I have recruited                                 , UIN:                              to be the note taker.
□ I was unable to get a volunteer to take notes.
□ I will give the student a copy of my lecture notes.
□ This student is not in my class.
□ Other:
If you have any questions, please call or email Terry Love (810 766-4113 terry.love@baker.edu), or Lori
Crawford-Milbrot (810 766-4126 lori.crawfordmilbrot@baker.edu).
Please return this completed form to the Disability Services Coordinator, Academic Office.
What kinds of accommodations may
          SWD receive?
Academic
• Course substitutions that meet the
  goals of the requirement
• Modifications to methods of instruction
• Increased time to complete course
• Extended examination time
• Alternative testing formats
• Alternative testing arrangements
What kinds of accommodations may
           SWD receive?
Technical
• Note taker
• Writer for Exams – dyslexia, physical
  impairments
• Interpreter
• Videos (Math, Medical, & Accounting)
• Tape recorder
• Magnifying Screen
• Assistive listening systems – FM Receiver
• Textbooks on Tape
• TTY
What kinds of accommodations may
SWD receive in the Learning Support
              Center?
 Software
 • PLATO
 • Math Tutorials
 • Chemistry
 • Jaws
 • Kurzweil Reader
What kinds of accommodations may
SWD receive in the Learning Support
              Center?
•   Extra tutoring time
•   Academic Skills Workshops
•   Testing Accommodations
•   In-class orientations and workshops on
    LSS services
What is NOT an accommodation

Postsecondary
institutions are not
obligated to provide
accommodations of a
personal nature or those
needed for personal
study or to enhance
personal competency
What is NOT an accommodation

Examples include:
• Psychological Evaluation
• Care attendants and coaches
• Personal computers and software
• Wheelchairs
• Readers for personal pleasure or study
What is NOT an accommodation,
             cont.
• Monitoring academic
  progress or personal
  conduct
• Personal counseling
• Remediation
• Tutoring
• Typing papers
• Wake-up Calls
Conclusion
• There is no guarantee under the ADA and
  504 that SWD will succeed in higher
  education, even with accommodations
• Postsecondary accommodations are
  outcome neutral – leveling the playing field
  “sink or swim”
• In higher education, accommodations and
  services are described as effective when they
  achieve their nondiscriminatory goal &
  provide access to programs and activities to
  qualified SWD
Conclusion
• Services must be provided unless doing so
  would result in a fundamental alteration of
  the program or would result in undue
  financial or administrative burdens

• Institutions of higher education have the
  right to protect their programs and services
  from lowered or substantially altered
  standards
Questions?
If you have questions regarding Disability Services
at Baker College of Flint you may contact:

Nancy Daily, Disability Services Coordinator
at (810) 766-4137 or nancy.daily@baker.edu
                       or
Lori Crawford-Milbrot, Career Assessment
Coordinator at: (810) 766-4126 or
lori.crawfordmilbrot@baker.edu

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Disability Services

  • 1. Americans With Disabilities Act (ADA) and Section 504 Reasonable Accommodations
  • 2. What is Section 504 ? Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.
  • 3. How does the ADA affect postsecondary schools ? Title II of the ADA covers state funded schools such as universities, community colleges and vocational schools. Title III of the ADA covers private colleges and vocational schools. If a school receives federal dollars regardless of whether it is private or public it is also covered by the regulations of Section 504 of the Rehabilitation Act requiring schools to make their programs accessible to qualified students with disabilities.
  • 4. As students and their families prepare for the transition from secondary school to postsecondary options they often find they are less familiar with the protections provided by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
  • 5. Although protections exist in higher education, students have considerably more responsibility to request and design their own accommodations and this responsibility is ongoing.
  • 6. At the time of admission, please do not promise students specific accommodations. The student MUST first meet with the Disability Services Coordinator to discuss application criteria and accommodations.
  • 7. Who is Protected by ADA ? To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.
  • 8. How is “Disability” Defined? • A person who has a physical or mental impairment that substantially limits one or more major life activities • A person who has a history or record of such an impairment • A person who is perceived by others as having such an impairment.
  • 9. When Are Students Protected by ADA and 504? • Students must meet admission or other standards determined by the school; and, • Students must have a disability • SWD must demonstrate all academic and technical skills required to perform essential functions.
  • 10. What happens when Students With Disabilities (SWD) no longer meet academic requirements? Postsecondary schools are not obliged to accept or retain persons with a disability because they are disabled.
  • 11. What is required of the SWD? • SWD must demonstrate all academic and technical skills required to perform essential functions. • SWD must demonstrate they are qualified for admissions to a particular program or institution before there is consideration of the role of accommodations in reducing the impact of their disabilities.
  • 12. SWD are held to identical technical and academic standards and must demonstrate essential functions SWD should NEVER assume requirements (such as math or foreign language) are waived because of their disability
  • 13. What are academic & technical standards and essential functions? Technical Standards – Non academic requirements for admission or participation in a program. Examples include… • Health and strength requirements • Personal traits • Compliance with the student code of conduct
  • 14. academic & technical standards and essential functions, cont. Academic Standards – include all academic requirements for participation in a program. Examples include… • Passing all required courses • Completing all requirements within classes • Participating in internships and other service learning experiences • Meeting GPA requirements
  • 15. academic & technical standards and essential functions, cont. • Attending class • Adhering to deadlines for degree completion • Remaining academically qualified from admission to graduation even though standards progressively increase.
  • 16. academic & technical standards and essential functions, cont. Essential Functions – Elements considered fundamental to performance of a job or academic requirement. Examples include… • Learning • Demonstration of skills and personal strategies • Participation in the classroom environment • Laboratory activities and fieldwork
  • 17. academic & technical standards and essential functions, cont. • Basic skills required for practice and professional certification or licensure. • SWD who do not meet essential functions are not otherwise “qualified” and are not accommodated under the law.
  • 18. Must students disclose the existence of their disabilities? • To obtain services, SWD must disclose their disabilities to the appropriate personnel • SWD must provide all documentation required by the institution • If a person obviously uses a wheelchair or is blind or deaf, no further documentation may be necessary • SWD must specifically request academic accommodations
  • 19. What is the disclosure procedure for Baker SWD? • SWD complete the BAKER COLLEGE Disability Services REQUEST FORM and submit it to the Disability Services Coordinator • SWD requesting services will be contacted by the Disability Services Coordinator, if needed, to review the students’ needs and possible accommodations
  • 20. Disclosure procedure for Baker SWD, cont. • SWD must provide formal documentation (such as diagnosis by a medical doctor, psychologist, psychiatrist, school psychologist) of their disability • If no documentation is available, it is the responsibility of the student to have new documentation prepared. This can mean paying to have an appropriate professional conduct a new evaluation • Students who choose to disclose to their instructors that they have accommodations will present an Accommodations Letter listing the
  • 21. Confidentiality Instructors • Information regarding students’ disabilities will NOT be disclosed to instructors • Information regarding specific approved accommodations WILL be disclosed to instructors at the discretion of students approved for services
  • 22. Confidentiality, cont. Parents • No longer permitted to register their children for disability service • No longer permitted to receive reports about their children’s academic progress or use of accommodations • No longer permitted to demand new or additional services
  • 23. Baker College of Flint Volunteer Note Taker Instructions for Instructors Date Instructor’s Name Class Section Student Requiring a Note Taker: Dear Instructor, You have received this letter because you will have a student (see above) with a disability requiring a note taker in your class. Please recruit a volunteer note taker at the beginning of class. Volunteer note takers will receive a gift at the end of the Quarter. Volunteer hours are beneficial for use on scholarship applications, resumes, and public service requirements. Note takers should have very good attendance in class. When you ask your class for a volunteer, please remember the identity of the student receiving notes is confidential. The note taker must sign the note taker agreement (in the packet) and deliver it to the Academic Office. You will also be given a packet of carbon note taker paper to give to the note taker. Let the note taker know for whom s/he is note taking by showing him/her the student’s picture from your attendance roster. If you are unable to get a note taker or do not need a note taker for your class, please check the appropriate box below and return this form to the Academic Office. I have recruited , UIN: to be the note taker. □ I was unable to get a volunteer to take notes. □ I will give the student a copy of my lecture notes. □ This student is not in my class. □ Other: If you have any questions, please call or email Terry Love (810 766-4113 terry.love@baker.edu), or Lori Crawford-Milbrot (810 766-4126 lori.crawfordmilbrot@baker.edu). Please return this completed form to the Disability Services Coordinator, Academic Office.
  • 24. What kinds of accommodations may SWD receive? Academic • Course substitutions that meet the goals of the requirement • Modifications to methods of instruction • Increased time to complete course • Extended examination time • Alternative testing formats • Alternative testing arrangements
  • 25. What kinds of accommodations may SWD receive? Technical • Note taker • Writer for Exams – dyslexia, physical impairments • Interpreter • Videos (Math, Medical, & Accounting) • Tape recorder • Magnifying Screen • Assistive listening systems – FM Receiver • Textbooks on Tape • TTY
  • 26. What kinds of accommodations may SWD receive in the Learning Support Center? Software • PLATO • Math Tutorials • Chemistry • Jaws • Kurzweil Reader
  • 27. What kinds of accommodations may SWD receive in the Learning Support Center? • Extra tutoring time • Academic Skills Workshops • Testing Accommodations • In-class orientations and workshops on LSS services
  • 28. What is NOT an accommodation Postsecondary institutions are not obligated to provide accommodations of a personal nature or those needed for personal study or to enhance personal competency
  • 29. What is NOT an accommodation Examples include: • Psychological Evaluation • Care attendants and coaches • Personal computers and software • Wheelchairs • Readers for personal pleasure or study
  • 30. What is NOT an accommodation, cont. • Monitoring academic progress or personal conduct • Personal counseling • Remediation • Tutoring • Typing papers • Wake-up Calls
  • 31. Conclusion • There is no guarantee under the ADA and 504 that SWD will succeed in higher education, even with accommodations • Postsecondary accommodations are outcome neutral – leveling the playing field “sink or swim” • In higher education, accommodations and services are described as effective when they achieve their nondiscriminatory goal & provide access to programs and activities to qualified SWD
  • 32. Conclusion • Services must be provided unless doing so would result in a fundamental alteration of the program or would result in undue financial or administrative burdens • Institutions of higher education have the right to protect their programs and services from lowered or substantially altered standards
  • 33. Questions? If you have questions regarding Disability Services at Baker College of Flint you may contact: Nancy Daily, Disability Services Coordinator at (810) 766-4137 or nancy.daily@baker.edu or Lori Crawford-Milbrot, Career Assessment Coordinator at: (810) 766-4126 or lori.crawfordmilbrot@baker.edu