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The Americans with Disabilities Act (ADA) is a federal law intended to stop discrimination against people with disabilities. It applies to employers, state and local government agencies, places of public accommodation, transportation facilities, telephone companies, and the U.S. Congress. Under Title II of the ADA, public colleges and universities are required to provide auxiliary aids and services to qualified students with disabilities. Providing auxiliary aids and services is not considered special treatment, but rather an equal opportunity to participate in the services, programs, or activities offered by the institution.
Campus compliance with the ADA is a shared responsibility, and faculty members play an important role in an institution's efforts. The ADA is a civil rights statute, ensuring that students with disabilities will have the opportunity to participate in postsecondary education without discrimination. For faculty members, providing reasonable accommodations or auxiliary aids and services is one way to prevent discrimination.
Students with disabilities are capable individuals who experience some limitations that may require adaptation of materials, methods, or environments to facilitate learning. Accommodations may also ensure that when students are evaluated, they are able to demonstrate what they learned rather than the effects of their disability.
Because appropriate documentation is usually provided by the student to staff within the disability services office, faculty members are not responsible for making decisions about accommodations. Disability services professionals recommend the accommodations which will be most effective in assuring the student's access to academic programs. Students have the responsibility for requesting accommodations and services, and must provide documentation of conditions that may warrant academic accommodations. Before providing particular accommodations for a specific course, the disability specialist carefully considers the nature of the student's disability and how this disability may affect the student's ability to learn, and to demonstrate achievement, in the course.
It's fairly common practice for disability services offices to notify faculty members of the type of accommodations that will be provided each semester. Some of these accommodations, such as sign language interpreters, may be provided by the disability services office itself, while other accommodations, such as extended time for exams, may be provided by the faculty member. Accommodations may include notetakers, sign language or oral interpreters, assistive listening devices, alternative format course materials, open-captioned videos or films, and extended time on exams. Not every student needs every accommodation, and the disability services office is the best campus resource for working with each student to determine the accommodations that are recommended.
Occasionally a student may ask you to provide accommodations, but you never received official notification from the disability services office. To protect yourself, the student, and your institution, you should recommend that the student channel any accommodation requests through the disability services office.
Students have a right to privacy in disability matters, and their confidentiality must be maintained. Please file notices of accommodation in a secure place and refrain from discussing their disabilities and necessary accommodations in the presence of fellow students or others who have no educational need to know.
No. When providing accommodation for disabilities, institutions of higher education are not required to lower academic standards or compromise the integrity of the school or program. Essentially, accommodations and auxiliary aids and services are provided to "level the playing field" for the student with a disability, enabling the student to compete with his or her peers. Once you have provided accommodations, you should grade the work of a student who has a disability as you would grade the work of any other student. There is no need to give them a break by being unduly lenient. To grade students more harshly because they have had the opportunity for additional time for exams or other instructional modifications would nullify the effect of the accommodations.
Don't be afraid to ask a student to describe how he or she learns best. You can also make your course more disability-friendly by including information on your course syllabus that encourages students with disabilities to contact the disabilities services office for assistance in receiving accommodations. If you need additional information or specific resources, please contact your campus disability services office.
Americans with Disabilities Act: Responsibilities for Postsecondary Institutions Serving Deaf and Hard of Hearing Students - Questions and Answers
Jeanne M Kincaid, Esq. and Sharaine J. Rawlinson, M.S.W., 1999
Don't Cry For Me: I'm in Compliance
Jeanne M. Kincaid, Esq., 1997
Disability Compliance for Higher Education - 2000 Year Book
LRP Publications, 2000
ADA Questions and Answers for Deaf and Hard of Hearing Individuals
National Center for Law and Deafness
Community Colleges and the ADA: How to Make Sure OCR Doesn't Come Knocking on Your Door
LRP Publications, 1999
Nondiscrimination in Higher Education - What's the Law?
NETAC Teacher Tipsheet, 1999