Advising Students With Disabilities Tips for the Non-DSS Advisor October 6, 2005 Becky Osborne, Assistant Director Student Support Services Danville Area Community College Agenda Important Trends Brief Overview of ADA & Section 504 General Do’s & Don’ts for Advisors Types of Disabilities – Planning for Success Special Issues for Advisors Building Bridges Within Your Institution Resources for Advisors Final Thoughts, Comments, Concerns Important Trends SWD in Post-Secondary Ed: A Few National Statistics Important Trends Number of SWD in higher education is increasing: 1978 <3% of full-time freshmen 1998 9% of full-time freshmen SWD are less likely to complete a degree or certificate within 5 years SWD perceive there to be barriers to their success in higher ed 71% of all postsecondary SWD enroll in community colleges College SWD by Category (4-yr institutions) NCES, 2000 Blind/VI Chronic Health 16 15 Orthopedic 7 1 3 TBI/Speech 9 0 20 40 Hearing 40 Learning Disabilities DACC - Fall 2005 Types of Disabilities 50 49 Deaf Hard of Hearing Ortho/Mobility Visual LD Hearing Borderline MI Chronic Health TBI/Speech Psychiatric Other 40 30 20 10 0 11 4 5 8 5 5 7 4 8 3 Legal Overview ADA & Section 504 Americans with Disabilities Act Title II Was passed into law on July 26, 1990 Is an extension of the Civil Rights Act of 1963 to individuals with disabilities Objective was to end discrimination against individuals with disabilities, resulting in their full inclusion in American society Was intended to strengthen the scope of Section 504 of the Rehabilitation Act of 1973 as amended in 1974 No otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a public entity. Otherwise Qualified Meets the academic and technical standards requisite to admission or participation, with or without: Reasonable modifications to rules, policies, or practices Removal of architectural, communication, or transportation barriers Provision of auxiliary aids and services Person with a Disability Any person who: Has a physical or mental impairment that substantially limits one or more major life activities, including walking, seeing, hearing, speaking, breathing, learning, and working; Has a record of such an impairment; Is regarded as having such an impairment. Institutions of Higher Education Must Make their programs, services, and facilities accessible to individuals with disabilities who are otherwise qualified in the most integrated setting possible, unless doing so would cause the institution undue hardship or expense. Provide reasonable accommodations to individuals with disabilities who are otherwise qualified, unless doing so would alter the fundamental nature of the program, service, or activity. Incentives to Comply with the Legislation Individuals with disabilities who feel they have been discriminated against solely on the basis of their disability are encouraged to go through the grievance procedures established at their institutions. Ultimately, the individual may file a complaint with the Office of Civil Rights. OCR will investigate the charge and make a ruling. Institutions found guilty of discrimination risk the loss of federal funding. Academic Accommodations Individuals with disabilities must selfidentify and provide appropriate documentation to Disability Support Services to be eligible for academic accommodations/adjustments. These accommodations must be reasonable and must not alter items within the course or program considered essential. What types of accommodations might be requested/allowed? Priority registration Reading lists or syllabus in advance of semester start date to permit time for transferring to an alternative format (large print, books on tape, etc.) Preferential seating (in front, near an exit, without glare from windows, etc.) Tape recording of lectures and class discussions (see Agreement for Permission to Audio-Tape Lectures) Use of a notetaking device in class or assistance in obtaining a peer notetaker Accommodations list, continued Lab assistant in classroom Change the location of a class to an accessible area Reduced course load (see Handbook For SWD) Testing accommodations (scribe, reader/tests on tape, extended time, distraction-reduced environment, enlarged print, word processing software with speech access, calculator) Sign language interpreter in classroom Speak facing the class during lectures, provide written supplement to oral instructions/directions Use of an amplification system Extra time for SWD to get from one class to another General Do’s & Don’ts for Advisors Tips to Keep in Mind Advising Do’s Think in terms of “ability” rather than “disability” Encourage all students to develop self-advocacy skills Invite student to self-disclose a disability by: Posting a sign in your office stating, “Students with documented disabilities may be eligible for academic accommodations.” Ask, “Is there anything about you that I should be aware of in order to help you be most successful in college?” Discuss any special requirements of their funding source (e.g. PELL, State Vocational Rehabilitation office) Be alert to signs of immature career decision making (e.g. may major in special education regardless of individual talents/ability) Make appropriate referrals to the DSS office or other depts. on campus Advising Don’ts Don’t ask, “Do you have a disability?” or say, “You must register with Disability Support Services.” Avoid discussing the student’s needs anywhere other than a private place. Avoid counseling swd to avoid certain majors due to perceived limitations. Don’t fail to inform swd about applicable technical standards Caution! The text of the ADA requires institutions to approach student needs on a case-bycase basis. Having said that, some generalizations can be made based on the type of disability(-ies) involved. These generalizations are NOT to be applied in a “cookbook” fashion. Types of Disabilities Helping SWD Plan for Success Advising Students with Visual Disabilities May advise via electronic means to facilitate communication May require print materials in alternative format (e.g., large print) or the use of screen reader software (e.g. JAWS) May need extra time to travel between buildings Advising Students who are Deaf/Hard of Hearing May advise via electronic means, using TTY, or with assistance of an interpreter May rely on lip reading; face student when speaking May exhibit poor vocabulary and syntax (ESL) Caution--late registration may create major barriers to success Advising Students with Mobility/Chronic Health Concerns May need: reduced course load more time to move between buildings to avoid early a.m. classes Keep in mind: weather extremes may be problematic student may be relying on public or para transit system (start late or end early) Advising Students with Hidden Disabilities The number of college students with hidden disabilities (e.g. learning, ADD/HD, psychiatric) has risen dramatically. Keep in mind that students may be reluctant to disclose a hidden disability; fear stigma that comes with label. Many see college as a time to “start over” or be same as classmates. Be aware of indications that suggest student may have a disability (e.g. high school transcript, demographic info from placement test). May need to pair more difficult classes with those somewhat less demanding. A Word About Temporary Impairments Students with temporary impairments (surgery, injuries, etc.) are not covered under Section 504 and the ADA. There is no legal requirement to provide accommodations in these situations. Refer these students to your DSS office for an evaluation of temporary services that may allow them to stay in school. Special Issues for Advisors Technical Standards Course Substitutions Reduced Course Load Athletes with Disabilities Distance Learning Technical Standards Some programs of study may have technical standards to which all students must comply. All students should be given a copy of these technical standards BEFORE committing to that major/field of study (e.g. nursing, radiology, physical therapy, law enforcement, fire science, etc.). Use of an informed consent form signed by student is recommended (see Appendix N, The Policy Book, LRP,2000). Although controversial, SWD may be excluded from these programs if they are unable to meet the required technical standards with or without accommodation. Course Substitutions Not required by law; if refused, a deliberate process of determination & a written rationale are necessary for OCR review Swd may be eligible for a course substitution if the course is deemed by faculty to be a non-essential part of the overall curriculum in that program of study Courses considered “essential” are not eligible for substitution. Examples: math foreign language Reduced Course Load Your institution may have a policy allowing eligible swd to take a reduced course load while retaining their full-time status. This usually means that the student can be considered full-time with 9, 10, or 11 hours. Does NOT change the federal financial aid regulations and may impact other types of funding as well (e.g. Voc Rehab, WIA, etc.). Not all insurers honor this accommodation. Athletes with Disabilities Awd may petition the NCAA, NJCAA for special status as a Certified Disabled Athlete. This status allows a student athlete to retain eligibility with 9, 10, or 11 credit hours. Explicit requirements are contained in Article V, Section 4.J of the NJCAA Bylaws regarding eligibility. Distance Learning & SWD Online resources & other options for distance learning have opened up new possibilities for swd. Challenges: Early registration is a must Web accessibility is not a given Some swd (e.g. ADD/HD) may not be suited to the online learning environment Building Bridges Within Your Institution FERPA vs. HIPAA FERPA vs. HIPAA The protocol for handling disabilityrelated information will be determined by your institution. Is it educational information (falls under FERPA)? Or, is it medical information (falls under HIPAA)? Building Bridges Handling disability-related matters are part of your overall networking strategy with other campus depts. Ask student, “Is there anything I should know to help you be most successful this semester?” Request recommendations from DSS to promote student success Sign appropriate release forms as required Resources for Advisors www.dacc.edu/sss/aresource.php Final Thoughts, Comments, & Concerns