Q: Who is responsible for determining appropriate accommodation?

Disability Resources & Services office (DRS) is the office on campus that determines appropriate accommodations. The office bases their decision upon documentation collected from a student with a disability and the student’s functional limitations.

Q: Do all students with disabilities have to register with DRS?

No, it is likely that many students with disabilities have chosen not to be registered with DRS or they may not have met the eligibility criteria for services. In either instance, faculty members do not need to provide these students with accommodations.

Q: What would be the best way to inform students in the class that I would like to help in facilitating exam accommodations or any classroom accommodations?

It is important that all faculty put a statement about accommodations in their syllabus. It should go something like this:

"Any student who feels s/he may need an accommodation based on the impact of disability should contact me privately to discuss your specific needs. Please contact the Disability Resources & Services at (480) 423-6517 located in SC-144, to coordinate reasonable accommodations for students with documented disabilities."

Q: A student has asked for accommodations. How do I know the student truly has a disability and needs accommodations?

You may ask the student to provide you with an Instructor Notification Form verifying that s/he has a disability. The student, if registered with the Disability Resources & Services, will be given a letter within 24 hours after a request is made. DRS has on file for every student who is registered with the office and uses services, and has documentation of the disability.

Q: How do I know what type of academic adjustment a student needs?

It is up to the student and the Disability Resources & Services Director to determine what type of accommodation is needed. If you have a question about the accommodation, contact the DRS.

There is not one type of accommodation for all students with disabilities. Each accommodation must be decided on a case-by-case basis. Some common accommodations are:
 

taped texts readers oral tests interpreters

note takers scribes extended test time alternative print materials

Q: What can I do if I disagree with the academic adjustment requested?

If you disagree with the academic adjustment requested, you should discuss your disagreement with the DRS Director, but you should continue to provide the academic adjustment. An instructor may not forbid a student’s use of an aid if the prohibition limits the student’s participation in the class/program.

Q: Does the student receive "special privileges" under this legislation?

No. Providing accommodations should not be regarded as giving students "special privileges", but rather as minimizing the impact of the student’s disability to the greatest extent possible. Institutions are not required to make changes or require a major or substantial change in an essential element of the curriculum. The institution has the right to set academic standards, but the institution must prove that a requested change would create a substantial change. The burden of proof lies with the institution.

It is important that the students with disabilities be treated the same and be allowed to fail. This is important in their educational experience and may give the student an opportunity to learn from the experience. The legislation does not intend that institutions pass students because they have a disability and they feel sorry for them. It is important to expect the same academic performance, with requested accommodations, from the student with a disability as from a non-disabled student.

Q: What are possible personal consequences if I do not provide the accommodation requested?

If a student is denied auxiliary aids or services, they can file a complaint under Section 504 with the Office of Civil Rights of the U.S. Department of Education or under the ADA Titles II and III which are under the jurisdiction of the Department of Justice. The student may file with both offices if they so desire. Under ADA, monetary damages may be enforced and the student may name both an individual, such as a professor, and the institution in the complaint. You, as a professor, are personally liable, as well as the institution, if named in the complaint.

Q: Do I have to provide academic adjustments if the student is taking the class for an audit?

Yes. The legislation states any student with a disability is eligible for all services if the institution receives federal assistance.

Q: Do I have the right to know what type of disability a student has when they ask for an accommodation?

No. A student does not have to inform the faculty member about their disability, but only the needed accommodations. If you have a question regarding the need for the accommodation, then you as a faculty member, may contact the Disability Resources & Services Director. They should have documentation regarding the student’s disability on file.

They cannot give details about the disability, unless the student has signed a written consent form, but can inform you if the student has a documented disability and if the academic adjustment requested is appropriate. The student may disclose their disability to you. You are then obligated to maintain confidentiality regarding the student’s disability.

Q: A student approaches you mid-semester and tells you that she needs accommodations in order to take the midterm that is scheduled for next week. She claims that she is entitled to the accommodations because she has a disability. How do you respond?

Any student seeking an accommodation needs to have appropriate documentation from a licensed professional, which stays confidentially, on file in the Disability Resources & Services. As an instructor you are entitled to know that the student has a disability, but not entitled to the details surrounding the disability. The first step is to ask the student if he/she has met this requirement. The second step is to send the student to the Disability Resources & Services office to pick up an Instructor Notification Form, signed by the Director of DRS, which indicates the appropriate accommodations. The third step is to discuss with the student the importance of notifying his/her instructors earlier in the semester of the need for any academic accommodations.

Q: I have a student who is having difficulty in my class. I think this student may have a disability. What should I do to help the student?

Talk privately with the student to discuss your observations. The student may reveal s/he has a disability. If this is the case suggest that the student contact the Disability Resources & Services office. Suggest that the student call DRS at 480-423-6517 for further information.

Q: Am I required to lower the standards of a required assignment because the student has a disability?

No, the standards should be the same for all students; however, some students with disabilities may exhibit their knowledge, production, and other course expectations differently than their peers. For example, a student with a learning disability in writing may produce an essay exam by using a computer or scribe rather than writing out an answer without the use of accommodations. The quality of the work should be the same.

Q: What if a student with a disability requests to tape record my class?

Many times faculty members are concerned with the use of a tape recorder in their classroom because it may infringe on their freedom of speech or potential copyrighted material. The instructor may ask the student to sign an agreement that states:

"I understand that, as a student enrolled at the institution who has a disability that affects my ability to take or read notes, I have the right to tape record my class lectures for use in my personal studies only. I realize that lectures taped for this reason may not be shared with other people without the written consent of the lecturer. I also understand that tape recorded lectures may not be used in any way against the faculty member, other lecturer, or students whose classroom comments are taped as part of the class activity. I am aware that the information contained in the tape recorded lectures is protected under federal copyright laws and may not be published or quoted without the expressed consent of the lecturer and without giving proper identification and credit to the lecturer. I agree to abide by these guidelines with regard to any lectures I tape while enrolled as a student at the institution."

If this is a reasonable and appropriate accommodation that has been approved by the DRS then, "yes," you must allow the student to tape record the class. It is important to remember that under the ADA, if appropriate academic adjustments are not provided to the student, you, as well as the institution, can be held liable for monetary damages.

Q: A student with a disability has asked me for a copy of my notes and overheads. Do I have to give this to the student?

Some students with disabilities have difficulty taking notes. Sometimes faculty notes are only a brief outline of the actual lecture given. These notes may not be too helpful. It is important that you assist the student in getting access to class notes. You may want to help the student find a volunteer note taker in class by making an announcement in class without revealing the student’s name. If you feel your notes are good, sharing your notes would be an option. Many faculty and departments have developed website guided notes. This has been extremely helpful to many students who lack the ability to keep up the pace in taking thorough notes. It may also be appropriate for some students to tape the class.

Q: I have a student with a disability getting behind in his/her schoolwork. This student is missing a number of classes and has not handed in several assignments. Although s/he has taken a midterm and used accommodations, the student’s grade is about a D. At this point, the student is not passing the class. Do I have a right to fail a student with a disability?

The student with a disability has the same right to fail as anyone else. Their work should be equivalent to their peers. It may be a good idea to discuss your observations with this student just as you would with anyone else in our class who is experiencing difficulty.

Q: I’ve been debating about what book I want to use for my class, but DRS keeps asking me to select a book ASAP. Do I have to?

Yes. It takes a trained reader an hour to read ten pages of a textbook and sometimes fewer pages depending upon the technical nature of the course. The DRS has books and/or reading assignments that need to be taped, Brailed, or scanned onto disc. Students who are print impaired have a legal right to equal access to their textbooks or any instruction as their peers. They need to be able to listen to taped or scanned textbooks at the same time as others in the class. By delaying the selection of textbooks, DRS may not be able to get books converted to an appropriate format in a timely manner. This means that students may have to start the semester without access to their textbooks. Once a student gets behind it is very difficult for them to catch up.

Q: When I have a deaf student in class, am I required to have an interpreter or real time captioner in the class too? My class is very crowded and also, the students sometimes watch the interpreter instead of me.

There is no question about it. You are required by law to have what is essential for the student to have equal access to an education, and this includes a sign language interpreter or real time captioner.

Q: I have a student who is blind in my chemistry lab. How is s/he going to participate and be graded in his/her lab work?

If possible, assist the student in getting a lab partner or assign a student assistant to work with the student with a disability. In either situation, the student who is blind should direct the assistant to carry out the functions of the lab assignment. If a volunteer lab partner cannot be found, suggest to the student that s/he needs to contact DRS as soon as possible for assistance in getting a lab partner. The speed in making these arrangements is critical so that the student will not get behind.

Q: What if I am unsure how to handle a situation with a student with a disability?

First ask the student. He/she is the best source of information about their disability. Second, contact the Disability Resources & Services office.