Helping Students with Disabilities at
BYU
October 15, 2010
Presented by Michael Brooks, Ph.D., J.D., John Call M.Ed., and
Derek Griner, Ph.D.
University Accessibility Center
2170 WSC
801.422.2767
Our Mission
• The University Accessibility Center seeks to
provide all students with disabilities equal
access to educational opportunities and to
eliminate barriers which might impede
participation in academic pursuits at BYU.
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Why Do We Have This Mission?
•
BYU is bound by three major federal disability
laws:
1) The Rehabilitation Act of 1973 (particularly
Section 504)
2) The Americans with Disabilities Act (ADA)
3) The Americans with Disabilities Act –
Amendments Act (ADAAA)
We have to comply with these laws because we
receive federal funds.
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Take Home Point
• Remember that these laws are civil rights laws
and are enforced in part by the Office of Civil
Rights (OCR) under the Department of Education.
• The history of disability law is like that of other
civil rights legislation (i.e., when initial laws are
ineffective, they are superseded by other laws).
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How is Someone Classified as Having a
Disability?
• There are 3 legal ways to be qualified under
disability law, but the main prong is:
- Having a physical or mental impairment that
substantially limits one or more of the major
life activities of an individual
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Our Office
• Our staff includes the following individuals, who have
different specialty areas:
- Coordinator for LD/ADHD/Emotional Disorders
- Coordinator for LD/ADHD/Emotional Disorders and
technology
- Coordinator for Deaf/Hard of Hearing
- Coordinator for Physical Disabilities
- A FT ASL Interpreter
- A Supervisor of our Accessible Book division
- An Office Manager
- A Director
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Student Statistics
• We generally have around 650 student clients
during Fall/Winter semesters
• These students fall into the following groups:
Learning Disorders/ADHD
Emotional Disorders
Physical Disabilities/Chronic Illness
Deaf/Hard of Hearing
Some combination of disorders
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What is ADHD?
• A persistent pattern of inattention and/or
hyperactivity/impulsivity more frequent and severe
than typically observed in peers.
• Impairment before age 7
• Impairment in an least two settings (home, school,
work)
• Must have interference with appropriate social,
academic, or occupational functioning.
• 2-8% of college students have diagnosed or
undiagnosed ADHD.
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Possible Negative Characteristics
(lack of consistent direction and control.)
• Often disregard the long-term consequences of their actions
focused on the moment and its rewards
• Inordinate craving for sugar and occasionally, exhibit some
symptoms of hypoglycemia
• Easily distracted
• Short, but extraordinarily intense, attention span
• Disorganization, accompanied by snap decisions
• Distortions of time-sense
• Difficulty following directions; esp. auditory or verbal
information (need to create a mental picture of the
information)
• Exhibit occasional symptoms of depression and/or anxiety
• Take risks
• Hard on themselves and those around them (frustration and
impatience threshold tend to be low)
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Positive characteristic of a person with
ADHD (Hunters*):
• Constantly monitor their environment
• Can totally throw themselves into the hunt; time is
elastic
• Flexible, capable of changing strategy on a moment’s
notice
• Can throw an incredible burst of energy – not
necessarily a lot of staying power
• Think visually – create outlines in their heads of where
they’ve been and where they’re going
• Love the hunt, but are easily bored by mundane tasks
• Face danger the “normal” individuals would avoid
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Life skills of a successful person with
ADHD:
•
•
•
•
•
Organize time around tasks
Train attention span
Break work responsibilities into specific “goal units”
Create “distraction-free zones”
Exercise daily – if hunters are biologically designed to
hunt, then a daily “run after the prey” may well be an
stimulant, or cause the release of hormones or
neurotransmitters necessary for hunter’s brain to work
more smoothly
• Know what they do well, and stick to it – avoid farmer
tasks
• Increase ability to control impulsivity and cravings.
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What are Learning Disorders?
Learning disorders are diagnosed when:
a. The individual’s achievement on individually administered,
standardized tests in reading, mathematics, or written
expression are substantially below that expected for age,
schooling and level of intelligence.
b. The learning problems in Criterion A significantly interfere
with academic achievement or activities of daily living.
c. If a sensory deficit is present, the difficulties in the
particular skill area (e.g., reading, writing, math) must be
in excess of those usually associated with the deficit.
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What About Emotional Concerns?
• A “mental impairment” is generally held to be
any recognized mental or psychological
disorder that substantially limits one or more
major life activities.
• “Mental impairments” include learning
disorders, ADHD, and emotional disorders
(e.g., depression, anxiety, obsessive
compulsive disorder, Aspergers Disorder,
Autism, etc.)
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Could a student with a 4.0 GPA have a learning
disorder? Major depression? ADHD?
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How Does The UAC Help Students?
• An evaluation can be conducted to assess for learning disorders, ADHD,
psychological, and neuropsychological conditions.
• Students receive an intake appt. with the appropriate coordinator, who
will then determine what accommodations are appropriate based on the
functional limitations of the disability and documentation from the
treating professional.
• The coordinator will then write a letter to the professor outlining these
accommodations.
• Our goal is not only to provide advisement to the students regarding
what accommodations are appropriate, but also to work with professors
in helping to balance academic integrity and the essential functions of a
class with the students’ federal rights.
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Once a Disability is Established…
• Establishing that one has a disability is only one aspect of the
analysis, as only a qualified individual with a disability is protected
from discrimination under federal law.
• A “qualified individual” is one who “with or without reasonable
accommodation can perform the essential functions of the
position” (whether it be as an employee or student).
• So, if you are so impaired that you could not complete a class or
course of study even with reasonable accommodations, you
probably would not be “qualified” under the law.
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What is a Reasonable
Accommodation?
Generally defined as:
• Modification or adjustment to the academic
environment
• A modification or adjustment that allows a student
with a disability to enjoy the same benefits/privileges
enjoyed by non-disabled individuals, as long as the
modification does not:
- pose an undue hardship on the institution or
- fundamentally alter the class or course of study or
- violate essential functions of the academic experience
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How Do We Know What is
Reasonable?
(1) Speak with professors
While the UAC initially writes accommodation letters to the professors outlining accommodations
needed, they can be amended based on an interactive process between the professor,
student, and our office, and all accommodations are analyzed on a case-by-case basis (Howard
University case).
(2)
Look to the syllabus
This should highlight essential functions and thus what accommodations might
be unreasonable (captioning case)
(3)
Consultation with advisors
(4) Look at the general practice of employees in the field (law school example –
denial of extended time)
Note: Professors/schools have a lot of deference shown to them by courts when
determining essential functions.
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Accommodations Typically Offered at
the UAC
• Additional time for exams/quizzes (1.5 or 2x time limit)
• Distraction reduced testing rooms (new at Testing
Center)
• Peer note takers
• Sign language interpreters
• Scribes for tests
• Providing alternative formats of printed materials
(Braille books, mp3s of books)
• Course Substitution
• We will also write letters to professors on the student’s
behalf outlining what accommodations are needed.
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Accommodations NOT offered
• Excusing the student from having to attend any classes
• Videotaping classes or offering notes for time periods
when student is absent
• Excusing the student from exams
• Mandating “Incomplete” grades
• Substituting essential courses just because they are
difficult
• Remember, accommodations are designed to offer
equal access, not guaranteed success
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Conclusion
• Questions?