Advising Students with Disabilities NACADA 2015 Melbourne Australia Dr. Mehvash Ali Definition of Disability that Typically Applies in Higher Education CPRD (2006 UN Commission on the Rights of Persons with Disabilities) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. Australia (according to Disability Discrimination Act of 1992): Disability, in relation to a person, means: (a) total or partial loss of the person’s bodily or mental functions; or (b) total or partial loss of a part of the body; or (c) the presence in the body of organisms causing disease or illness; or (d) the presence in the body of organisms capable of causing disease or illness; or (e) the malfunction, malformation or disfigurement of a part of the person’s body; or (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or (g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that: (h) presently exists; or (i) previously existed but no longer exists; or (j) may exist in the future (including because of a genetic predisposition to that disability); or (k) is imputed to a person. To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability. Dr. Mehvash Ali Advising Students with Disabilities 2015 NACADA Melbourne USA (according to American with Disability Act): According to the ADA, a disability is defined as a physical or mental impairment that significantly limits a major life activity including walking, seeing, hearing, speaking, working, breathing, learning, performing manual tasks, etc. UAE (according to Federal Law 29 of 2009) The law defines a person with special needs as every person suffering from a temporary or permanent, full or partial deficiency or infirmity in his physical, sensory, mental, communicational, educational or psychological abilities to an extent that limits his possibility of performing the ordinary requirements as people without special needs. Some Relevant Laws Australian Common Laws: Disability Discrimination Act of 1992 (amended 2009) Disability Standards for Education 2005 Tertiary Education Quality and Standards Agency Act 2011 (Act 73) American Laws: • Architectural Barriers Act of 1968 • Section 504 of the Rehabilitation Act of 1973: – No otherwise qualified individual with a disability in the United States, 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 any Federal financial assistance” • Fair Housing Amendments Action of 1988 • Individuals with Disabilities Education Act (IDEA) – Federal Civil Rights law for any school receiving federal funding Dr. Mehvash Ali Advising Students with Disabilities 2015 NACADA Melbourne – Outlines regulations for early intervention, special education (IEPs), and related services to children (birth to end of high school or age 21) with disabilities. Also outlines 14 specific categories of disability. • ADA Americans with Disabilities Act Title II – Federal Law: Civil Rights – Rights of students: – No discrimination based on disability during admissions and benefits, participation in programs – Appropriate auxiliary aids/services for equal opportunity to educational experiences. This does not include personal aids/services – This includes recording of lectures but may not include excessive absences – Schools: right to FAPE; Higher Ed: No FAPE but can do course substitutions – Accessible housing – No personal aids or assistants – Cost of aids: institution. Could get reimbursed through federal grants or state rehab agency UAE Laws: • UAE Federal Law 29 of 2006 “In Respect of the Rights of People with Special Needs” – Chapter 2 pertains specifically to educational rights: Articles 12-15 Types of Disabilities Typically Encountered in Higher Education (DSM 5) ADHD or ADD • There is no such thing as ADD (Attention Deficit Disorder), not since 1987 when DSM IIIR came out • ADHD: Attention Deficit Hyperactivity Disorder Dr. Mehvash Ali Advising Students with Disabilities 2015 NACADA Melbourne • Specifiers: – Combined presentation – predominantly inattentive presentation – predominantly hyperactive/impulsive presentation • Two categories of symptoms – Inattentiveness – Hyperactivity/impulsivity • Symptoms must be present in childhood (before age 12 instead of age 6 as in the previous DSM) • Symptoms must be present in two or more settings • Symptoms must be significantly disruptive • Hyperactivity/Impulsivity symptom cluster: – Often fidgets with or taps hands or feet, or squirms in seat. – Often leaves seat in situations when remaining seated is expected. – Often runs about or climbs in situations where it is not appropriate (adolescents or adults may be limited to feeling restless). – Often unable to play or take part in leisure activities quietly. – Is often "on the go" acting as if "driven by a motor". – Often talks excessively. – Often blurts out an answer before a question has been completed. – Often has trouble waiting his/her turn. – Often interrupts or intrudes on others (e.g., butts into conversations or games) • Inattentiveness Symptom Cluster: – Often fails to give close attention to details or makes careless mistakes in schoolwork, at work, or with other activities. Dr. Mehvash Ali Advising Students with Disabilities 2015 NACADA Melbourne – Often has trouble holding attention on tasks or play activities. – Often does not seem to listen when spoken to directly. – Often does not follow through on instructions and fails to finish schoolwork, chores, or duties in the workplace (e.g., loses focus, side-tracked). – Often has trouble organizing tasks and activities. – Often avoids, dislikes, or is reluctant to do tasks that require mental effort over a long period of time (such as schoolwork or homework). – Often loses things necessary for tasks and activities (e.g. school materials, pencils, books, tools, wallets, keys, paperwork, eyeglasses, mobile telephones). – Is often easily distracted – Is often forgetful in daily activities. Specific Learning Disability • • • • • According to the DSM V all LD are now under: Specific Learning Disorder Persistent difficulties in reading, writing, arithmetic, or mathematical reasoning skills during formal years of schooling. Symptoms may include inaccurate or slow and effortful reading, poor written expression that lacks clarity, difficulties remembering number facts, or inaccurate mathematical reasoning. Current academic skills must be well below the average range of scores in culturally and linguistically appropriate tests of reading, writing, or mathematics. The individual’s difficulties must not be better explained by developmental, neurological, sensory (vision or hearing), or motor disorders and must significantly interfere with academic achievement, occupational performance, or activities of daily living. Specifiers: impairment in reading, written expression, or mathematics Individuals with LD have – at least average intellectual capacity – a significant (and unexplained) discrepancy between achievement and expected potential – the exclusion of mental retardation, emotional disturbance, sensory impairment, cultural differences or lack of opportunity to learn – central nervous system dysfunction as the basis of the presenting problem(s) Depression • Disruption Mood Dysregulation Disorder Dr. Mehvash Ali Advising Students with Disabilities 2015 NACADA Melbourne • • Major Depressive Disorder (specifiers include Single episode or recurrent) Premenstrual Dysphoric Disorder Anxiety • • • • • • Separation Anxiety Disorder Selective Mutism Specific Phobia (specifiers include Animal, Natural environment, Blood-injection-injury, Situational, Other) Panic disorder Agoraphobia GAD Feeding and Eating Disorder Adjustment Disorders Stuttering • • • • • No longer part of the DSM Included in the Childhood-onset Fluency Disorder Anxiety can increase the symptoms Not helpful: “Relax”, “Take your time”, avoiding eye contact, saying the word for them Aphonia _ inability to speak (could be due to any number of reasons including resulting from childhood hearing impairment Hearing and Visual Impairments • Important thing to note is that most are partial impairments and could be due to a number of different reasons • If you have normal hearing/vision with the use of an aid, you are no longer protected under the ADA Dr. Mehvash Ali Advising Students with Disabilities 2015 NACADA Melbourne