AMERICANS WITH
DISABILITIES ACT (ADA):
TEACHING AND WORKING WITH
COLLEGE STUDENTS WITH
DISABILITIES
Elisabeth Werling, M.Ed
Fall 2013
Agenda
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AAS Office Overview
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Disability Laws
Americans with Disabilities Act
 Section 504 of the Rehabilitation Act
 Section 508 of the Rehabilitation Act
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Accommodations
Process
 Letters
 Rights & Responsibilities
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Instructional Case Studies
Office of AccessAbility Services
(AAS)
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Accessibility
Eligibility
Accommodations
AAS Office Details
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Staff of AccessAbility Services (AAS)
 One full-time Coordinator
 One full-time Secretary
 Three part-time University Assistants
Serve approximately 400 students with disabilities each
semester.
Disabilities include: learning disabilities, anxiety, ADHD,
physical disabilities, blind, deaf, and/or other psychiatric
disabilities (depression, OCD, bipolar, etc.).
Any student with a documented disability may be eligible to
receive accommodations and/or support services from AAS.
Accommodations and support services include: testing
accommodations, notetaking services, audio books, academic
coaching and/or referrals to other campus and community
resources.
Legal Backing
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The Americans with Disabilities Act Amendments Act of 2008
(ADAAA).
Section 504 of the Rehabilitation Act of 1973.
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federal legislation which mandate that reasonable accommodations be
provided to qualified students with disabilities.
Disability: a physical or mental impairment that substantially
limits one or more major life activities: walking, sleeping, eating,
concentrating, learning, and others [3].
Accommodations required unless they result in a fundamental
alteration of the program or examination or results in an undue
burden (very hard to prove) [3, 23].
"Fundamental alteration“
 A "fundamental alteration" is a change that is so significant
that it alters the essential nature of the goods, services,
facilities, privileges, advantages, or accommodations offered.
Disability Law
Purpose of the Americans with
Disabilities Act (ADA)

The ADA is a civil rights statute.
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Extends protection to individuals with disabilities against
discrimination in the private and public sectors.
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Assures that no qualified individual with a disability be excluded
from participation in, or be denied the benefits of the services,
programs or activities of a public entity.
The ADA provides a clear and comprehensive national mandate
for the elimination of disability-based discrimination and the ADA
provides clear, strong, consistent, and enforceable standards for
addressing discrimination.
Identifies that any individual with an actual impairment may be
entitled to a reasonable accommodation if needed and related to
the disability.
Section 504 of the
Rehabilitation Act of 1973
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A civil rights statute.
Prohibits discrimination based upon a documented disability in
any program or activity receiving Federal financial assistance.
Anti-discrimination law that requires the needs of students
with disabilities to be met as adequately as the needs of the
able are met.
Section 504 states that: "No otherwise qualified individual
with a disability in the United States, as defined in section
706(8) of this title, 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), 34 C.F.R. §104.4(a)].
Section 508 Standard
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Legislation intended to ensure that electronic devices and
technology can be accessed and can be used by individuals
with disabilities.
Universities must ensure that students with disabilities can
access material at “equivalent or greater” ease as other
students without disabilities.
 General compliance obligation:
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Emerging technology must either be fully accessible to
individuals with disabilities or accommodations must be
provided “to ensure that the benefits of […] the program are
provided […] in an equally effective and equally integrated
manner.”
Ease of use:
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The obligation to provide individuals with disabilities the
opportunity “to acquire the same information, engage in
the same interactions, and enjoy the same services” does
not require “identical ease of use.”
The compliance standard is “substantially equivalent ease
of use.”
Accommodations
Eligibility – AccessAbility Services
(AAS) Requirements
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Student Role:
 Students requesting accommodations must self-identify to AAS as
an individual with a disability.
 Provide comprehensive documentation that meets AAS
documentation guidelines for a disability that significantly restricts
a major life activity.
AAS Role:
 Review disability documentation:
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Psycho-educational evaluation, reported by a licensed neuropsychologist,
which includes testing on: intelligence, academic, and achievement ability.
Accommodation request in conjunction with AAS disability documentation
guidelines.
Determine if disability is significantly restricting.
Review student requested accommodations to determine if they
fundamentally alter a course (collaborate with instructor if
necessary).
Meet with student to approve accommodations for given semester
and to review accommodation policies and procedures.
Accommodation Letters
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Student Role:
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Request Accommodation Letter each semester from AAS for each
class.
Provide accommodation letter to faculty member prior to receiving
accommodations.
Collaborate with instructor in order to ensure accommodations are
in place.
Faculty Role:
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Read and review Accommodation Letter for student and implement
accommodation(s) for student.
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Accommodation Letters are legally binding
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Examples: Announce in class that AAS is looking for a paid notetaker or
provide exam to AAS when requested.
If you have a reason to believe the accommodation(s) fundamentally alters
your course, call Elisabeth Werling immediately.
Encourage the student to seek assistance as needed.
Faculty Rights & Responsibilities
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Western Connecticut State University faculty and
staff have the right to:
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Hold all students to the same essential course requirements
and behavior expectations.
Request verification of a student’s eligibility for any requested
accommodations through an accommodation letter. The
verification will be in the form of an Accommodation Letter
written by AAS and delivered by the student directly to the
faculty member. (Note: AAS is the only office designated to
review disability documentation and determine eligibility for
appropriate accommodations).
Consult with AAS regarding alternative accommodations, if
he/she believes the accommodation would result in a
fundamental alteration of the course.
Expect the student to initiate accommodation requests through
AAS.
Faculty Rights & Responsibilities
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WCSU faculty and staff have the responsibility to:
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Identify and establish essential functions, abilities, skills, and
knowledge of their courses and evaluate all students on this basis.
Provide accommodations only to students who are registered with AAS.
It is not your responsibility to provide accommodations to students
who aren’t registered with AAS.
Include a syllabus statement and class announcement to invite
students to disclose their needs to AAS.
Act immediately upon receiving a student’s accommodation letter by
providing the accommodation(s) or by contacting AAS (if unsure about
how to provide accommodations).
Work to ensure that all audio-visual materials used in class are
accessible (e.g., that videos shown are captioned for students with
hearing impairments).
Treat and protect all disability-related information as confidential
medical information.
Collaboration
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Accommodations are typically approved without
consultation with a faculty member when it is
reasonable to assume the accommodation would
not fundamentally alter a course requirement.
However, there are times when a discussion
about an accommodation is needed and
collaboration with the faculty member will be
initiated by AAS.
Please do not hesitate to contact us!
ACES – Academic Coaching &
Educational Supports
» One-on-one academic coaching:
» time management, organization, writing, self-advocacy, notetaking
skills, study preparation and many other academic skills.
» First-come-first-serve basis.
» One 45-minute appointment per week to work on academic skills.
» Students who wish to participate in ACES should contact Ellen Ober
at (203) 837-8225 or obere@wcsu.edu to schedule a meeting
time.
» Please refer students to appropriate campus resources (Counseling
Services, Choices, Tutoring Resource Center, Math Clinic, Writing
Lab or AAS).
» Many times AAS is unaware that they need additional assistance.
Instructional Case Studies
Scenario One –
Accommodation Letters
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Before your second class session begins,
Laurie approaches you. She hands you a
letter in front of your class, and she states
that it is her Accommodation Letter from
AccessAbility Services.
Discuss how you might respond to this student
as other classmates are within hearing range
of your conversation.
 What might you do, if after you read the letter
you have concerns about how the
accommodation can be put in place in your
class?
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Scenario Two –
Sensitive Topics
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Michael, a former ward of the state, was
sexually abused by his foster mom when he
was twelve years old. He has complex
psychological disabilities: post-traumatic
stress disorder, depression, mood disorder
and anger management issues. These are
hidden disabilities which he chooses not to
disclose to his professors.
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What might you do to inform the class of topics
for class discussion that might pose difficulties
to students?
Scenario Three – Testing
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Molly is a student in your class with carpel
tunnel syndrome. She has been approved
for the use of a scribe and extended time.
She shows up to the exam and she informs
you of her test accommodations. She is
coming to you because she did not follow
the testing procedure of AAS; which,
requires students to schedule exams one
week in advance.
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What do you do?
Questions?