Students with Disabilities Scope/Applicability: All Faculty Policy/Procedure: In compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, individuals with disabilities who meet the college's academic and technical standards for admission must not be excluded from participation in or be subjected to discrimination under any program or activity sponsored by the college. A "person with a disability" includes any person who: I. II. III. has a physical or mental impairment that substantially limits one or more major life activity such as caring for oneself, walking, seeing, hearing, speaking, breathing, learning and working. In addition to those people who have physical disabilities, the definition includes people with a range of invisible disabilities. These include psychological, medical, traumatic brain injury, learning disabilities and more. has a record of such an impairment, or is regarded as having such an impairment. A "qualified person with a disability" is defined as one who meets the requisite academic and technical standards required for admission or participation in the institution's programs and activities. Disabilities include but are not limited to the following: • AIDS • ADD/ADHD • Blind/visual impairment • Brain injury • Cancer • Deaf • Hearing impairment • Developmental disabilities • Epilepsy • Multiple sclerosis • Muscular dystrophy • Orthopedic impairments • Speech • Specific Learning Disabilities The Academic Support Services/ADA Coordinator is responsible for ensuring that the college is in compliance with Section 504 of the Vocational Rehab Act and the American with Disabilities Act (ADA). The Academic Support Services/ADA Coordinator provides training to faculty and staff, consults with faculty and staff on disability related issues and is responsible for ensuring that students and community members with disabilities receive reasonable accommodations in accordance with Section 504 and the Americans with Disabilities Act. Faculty and staff with disabilities should contact the Human Resources office for services. The Role of Educators in the Accommodations Process for Students with Disabilities As a member of the teaching staff, faculty play a critical role in providing services to students with disabilities. With the passages of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990, colleges are required to make reasonable accommodations for students with disabilities. ADA and Section 504 are civil rights, anti-discrimination laws that provide students with disabilities the access they need in order to participate in courses and programs that are offered by the college. Students must be eligible under the law and must be “otherwise qualified,” meaning that they must meet the technical and academic standards of the program or course with or without reasonable accommodations in order to be eligible. Eligibility ADA/ SECTION 504 versus Entitlement IDEA Some of our traditional-age students with disabilities may be accustomed to IDEA (The Individuals with Disabilities Education Act) which covers grades K–12. College students are not covered under IDEA. It is important to understand the distinction in the laws. IDEA is a law that entitles the individual to a free public education in the least restrictive environment possible, with emphasis on success for the student. This may be accomplished through a modified curriculum, one-on-one instruction, clarification of test questions and assistance when testing. CSM must emphasize that college students are not covered under IDEA. The college is not responsible for providing accommodations to ensure student success; reasonable accommodations are provided to ensure equal access. Here are a few helpful pointers on the accommodations process: • Faculty should add a statement to the syllabus stating that students who may need accommodations due to a disability should contact the Student Success Center/ Disability Support Services Office. Most divisions already have a standard statement for their faculty to use • If a faculty member is approached by a student who self-identifies that he or she has a disability (e.g. learning, physical, psychological) and does not have an accommodations plan, that student should be referred to the Student Success Center or the Academic Support Services/ADA Coordinator at the La Plata campus or the Assistant to Academic Support/ADA Coordinator at the Prince Frederick and Leonardtown campus. (Contact information provided below) • Faculty shall not make an accommodation for a student (e.g. extra time on tests) unless the student has an accommodation plan from the Student Success Center stating that a given accommodation is recommended based on the student’s disability. • Providing an accommodation without an accommodations plan and/or providing an accommodation that is not stated in the accommodations plan violates the college procedures and places both the faculty and the college at legal risk. Faculty should only provide accommodations listed on the approved accommodation plan to a student with a disability unless it is an accommodation the faculty member would provide to the entire class. • If a faculty member provides an individual with an accommodation without a written plan from the SSC, it will create a false expectation on the part of the student since he or she will expect accommodations from other faculty as well. This creates confusion for faculty and students who appropriately follow the college’s policy and procedure for accessing services. • Faculty should keep in mind that any student who provides them with an accommodation plan has furnished documentation from a qualified physician, psychologist, rehabilitation counselor, educational diagnostician, etc. confirming their disabilities and specifying their effects (e.g. learning, memory, ability to sustain attention, etc.) • Faculty and students are encouraged to make appointments individually or jointly with the Academic Support/ADA Coordinator or Assistant Academic ADA Coordinator to discuss issues related to requested accommodations and the impact of the request in that class. • Faculty members are strongly encouraged to give suggestions regarding the accommodations process to the Academic Support/ADA Coordinator to ensure that the recommended accommodations do not fundamentally alter a program or create an unfair advantage for the student. Faculty should remember that the college is responsible for providing access for the students. Student’s success should be demonstrated and measured according to the standard determined by the institution for all students. Reasonable and Unreasonable accommodations: Reasonable accommodations provide students with the access they need in order to participate in their educational pursuit. Unreasonable accommodations provide the student with either an unfair advantage or create a fundamental alteration in the course or program. Faculty are the ones who determines what constitutes a fundamental alteration in their course or provides an unfair advantage for the student in the classroom. Fundamental alterations to a course are not considered reasonable accommodations under ADA/Section 504. Should a request for an accommodation create a fundamental alteration to a faculty member’s course or create an unfair advantage, to the faculty member should contact either the ADA Coordinator or the Assistant ADA Coordinator who generated the plan. Requests for extended time, use of adaptive or assistive technology, scribe and/or reader (scribes and readers are trained individuals provided by the college), and testing in the testing center are all reasonable accommodations for test taking, which may be stated in the student’s accommodation plan. A take-home test is not a reasonable accommodation unless this option is provided to the entire class. For all students, accurate notes are essential to the students’ success. The Disability Support Services Office sometimes requests notes from several sources to assist eligible students with a documented disability. A peer note taker that the faculty solicits from the classroom, faculty notes, the use of a tape recorder are all appropriate for the student if stated in the student’s accommodations plan. This approach enables the student to have access to notes in a timely manner. It also reduces complaints that notes are not accessible. At times, because of his or her disability, a student may request substitution of a course. The student will be required to go through the course substitution process that is outlined in the course substitution policy. Each division chair should have a copy of this policy. Faculty are responsible for filling out the testing center cover sheet with the student’s accommodations for those students whose accommodations include taking their test in the Center. If a faculty member has any questions about a student or the accommodations process, he or she should contact the Academic Support Services/ADA Coordinator, 301-934-7614 at the La Plata campus or the Assistant to Academic Support/ADA Coordinator, 443-550-6000 at the Prince Frederick campus or 240725-5300 at the Leonardtown campus. Instructional Processes Individuals teaching students with disabilities are expected to make appropriate instructional modifications after receiving an accommodation plan. Some such modifications are: 1. Tests must be selected and administered so that the test results of students with impaired sensory, manual, or speaking skills are not distorted unfairly; tests should measure the student's aptitude or achievement level, and not his or her disability. 2. The time required to complete tests, assignments, programs, etc., may have to be extended. Signers for the deaf and tape recorders and other devices must be allowed in the classroom. If specified in the accommodation plan adaptation of teaching techniques must be made where the present method hinders the learning of a disabled student. 3. Students with impaired sensory, manual, or speaking skills must be provided auxiliary aids. Testing for Learning Disabilities The College of Southern Maryland does not test individuals to determine disability. The Academic Support Coordinator or Assistant ADA Coordinator provides initial consultation, and if needed provide referral resources for evaluation. Students are required to pay for these assessments if they are not eligible for services through the Division of Rehabilitation Services. Some insurance companies cover this service. Faculty at Leonardtown, Prince Frederick, and Waldorf should follow the same procedures as stated above. Alternative Formats of Teaching Materials for Students with Disabilities Given the diversity of students and technological advances, it is becoming easier to find materials that are helpful for a wide range of learners. Faculty should note the following guidelines: • Video - When ordering videos, order those that are closed caption or have transcripts. • Textbooks - When ordering texts, inquire as to whether the texts are available in alternative format such as: large print, braille, floppy disc or CD. • Three-dimensional teaching materials - When ordering these materials, ask if they have special adaptations for individuals with multi-sensory needs (e.g. braille descriptions, textured surfaces, large print). • Technology - Ask about any technological support offered by computer/software companies for individuals with disabilities, such as voice/large-print options. Both IBM and Apple offer technological assistance to people with disabilities. Please call the Student Success Center 301-934-7614, 7612 or 7611 with questions related to instructional materials and alternative formats. Emergency Evacuation Students with disabilities who may need assistance in the event of an emergency evacuation must register with the Disability Support Services Office. Behavioral Issues: All students, including students with disabilities, are expected to adhere to the Student Code of Conduct outlined in the Student Handbook. Inappropriate behavior from a student with a disability should be addressed in the same manner as his/her non-disabled peer. In instances where the behavior is part of the manifestation of the disability (such as a student with Asperger’s Syndrome or Tourette Syndrome), the faculty will be notified of this. However, should the behavior rise to the level of disrupting the class, then it needs to be addressed. Authorized persons in the class Only individuals enrolled in the class and authorized individuals (i.e. sign language interpreter, trained scribe/reader) are allowed in a classroom. The college is responsible for providing sign language interpreters and reader/scribes for students with disabilities. Students are not permitted to choose their own scribe, reader, or interpreter or to have an unauthorized family member or friend act in this capacity. In rare cases, due to medical disability, a student may need minor medical assistance in the classroom, which is provided by an attendant, usually a nurse. In this case, it is determined before the beginning of class, and in consultation with the faculty a schedule is developed to reduce distraction and disruption in the class. Confidentiality is required when discussing or working with a student with disabilities. By working together, we can ensure that the college appropriately provides the access students with disabilities need while maintaining the integrity of our educational offerings. Course Substitution for General Education Courses Due to Disability Section 504.104.44(a) of the Vocational Rehabilitation Act specifically states that “substitution of specific courses required for the completion of degree requirements” is a legitimate academic adjustment. A request for course substitution is made only when it is clear that the student’s disability makes completion of the requirement impossible and that the request for substitution does not alter the integrity of the academic program. Guidelines that should be considered: • The course substitution must satisfy all criteria for general education courses set forth in the Maryland Higher Education Commission regulation and be selected from the list of general education courses in the catalog. • The course for which the student is requesting a substitution must not be an essential component of the student’s program of study. • The documentation on file with the ADA Coordinator at the Student Success Center (SSC) justifies the need for the substitution. • The student must have attempted the course with reasonable accommodation. • Is an alternative substitution possible? Institutions are not required to eliminate or substantially alter standards and requirements that they can demonstrate are legitimate, reasonable and necessary. If it is an essential requirement for some, it is an essential requirement for all. When a student believes that he or she cannot complete a particular General Education Requirement due to the presence of a disability, he or she may submit a petition to the Disability Support Coordinator requesting a course substitution. The student must provide documentation of a disability from a qualified specialist that addresses the need for a substitution to the Disability Support Coordinator. Additional documents must include: statements from tutors, instructors, and support service personnel or other relevant sources; and documentation that the student has made a good faith effort to pass the course with all reasonable support services/accommodations. In the event that it appears impossible to even attempt the course in the first place, documentation to that effect should be included. The Division Chair will make a recommendation to the Vice President of Academic Affairs based on the documentation provided by the student on his or her Petition to Request Substitution. The Vice President of Academic Affairs will approve or disapprove the petition. For more information, please contact: VP-DAA and the Coordinator, Disability Support Services