Common Questions from Faculty Members
(Center for Innovation in Special Education)

What are the implications of the ADA for higher education institutions?

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

What can I do if I disagree with the academic adjustment/ accommodation requested?

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

Does the student with a disability need to ask for accommodations in a certain time frame prior to classes?

What can I do to make the classroom environment open to students with disabilities?

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

Do I also have to provide these services to international students with disabilities who need auxiliary aids or services?

Who pays for these accommodations/assistive devices?

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

What are my responsibilities concerning field trips and outside programs?

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

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

What are the implications of the ADA for higher education institutions?

Students with disabilities must be afforded an equal opportunity to participate in and benefit from all postsecondary education programs and activities. That includes any course, course of study, or activity offered.

Rules that would limit the student with disabilities from fully participating in a program or activity may not be imposed.

Academic requirements must be modified, on a case by-case basis, to afford qualified students with disabilities an equal educational opportunity.

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 your campus Learning Specialist. They should have documentation regarding the student's disability on file.

The Learning Specialist 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.

It is important to remember that the confidential nature of disability-related information has been an over-arching principle of nondiscrimination since Section 504.

What can I do if I disagree with the academic adjustment/ accommodation requested?

If you disagree with the academic adjustment requested, you should discuss your disagreement with the Learning Specialist, but you should continue to provide the academic adjustment. An instructor may not forbid a student's use of an aid if that prohibition limits the student's participation in the school program. Section 504 states:

"A recipient may not impose upon handicapped [sic] students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus building, that have the effect of limiting the participation of handicapped [sic] students in the recipient's education program or activity."

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."

It is important to remember that under the ADA, if appropriate academic adjustments are not provided to the student, you the faculty member, as well as the institution, can be held liable for monetary damages.

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 in the requirements of 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 to the curricular requirements would create a substantial change in an essential element. The burden of proof lies with the institution.

It is important that the students 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, and it is important to expect the same academic performance, with requested accommodation, from the student with a disability as from a student without a disability.

Does the student with a disability need to ask for accommodations in a certain time frame prior to classes?

Yes. Due to the large numbers of students needing accommodations, students are asked to make their requests two-three weeks prior to the semester. In some cases, equipment or software must be purchased or student assistants recruited, so preparation time is helpful. Learning Specialists also prepare accommodation sheets that are given to students who take them to faculty prior to the semester so lead time is very helpful. However, by law, the institution must provide the accommodation as soon as reasonably possible after the student requests assistance. Accommodations are not retroactive to before a student requests assistance. For example, if a student fails a test before asking for assistance, the student does not automatically get to retake the test with the newly acquired accommodation.

What can I do to make the classroom environment open to students with disabilities?

There are many of us that have had little or no contact with people with disabilities. It is important to remember that people with disabilities are just that — people first. Here are a few easy to remember tips:

1. Make a general announcement regarding your availability to assist with special needs. To discuss their needs, students should contact the campus Learning Specialist.

2. Ask questions. The student is the best source of information.

3. Don't label or stereotype. Not everyone who has a disability is the same. It is important to look at the person first and not lump everyone together in the same category. This is also important when addressing accommodations. Not all students with a learning disability will want extended time; not all people with a visual impairment will need Braille. Everyone is an individual with individual needs.

4. Follow the basic disability etiquette found in this handbook.

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

It is up to the Learning Specialist in consultation with the student to determine what type of accommodation is needed. The Accommodation Form from the Learning Specialist will let you know what accommodation(s) is/are needed. If you question the accommodation, contact the Learning Specialist.

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:

Do I also have to provide these services to international students with disabilities who need auxiliary aids or services?

Yes. International students who have disabilities are entitled to the same protection from nondiscrimination on the basis of disability as are U.S. citizens. Section 504 states the prohibition of discrimination covers any "otherwise qualified person with a disability in the United States." Section 504 does not state the student has to be a citizen of the United States.

Who pays for these accommodations/assistive devices?

Each institution is responsible for the provision of appropriate auxiliary aids and services at no cost to the student. Each institution may determine that department pays for a particular accommodation. The institution cannot place a limit on its expenditure for auxiliary aids or services or refuse to provide auxiliary aids because it believes that other providers of these services exist. The institution may work with an outside agency, such as Vocational Rehabilitation (VR), to assist in obtaining the item for the student. At SPC, federal and state grant funds financially support many of the services and assistive devices.

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 campus Learning Specialist.

What are my responsibilities concerning field trips and outside programs?

The legislation is very explicit about this. Persons with disabilities are entitled to participate in the most integrated settings possible. If a teacher conducts field trips or special programs, accommodations must be offered. If an institution offers transportation to students going on a field trip, it must offer accessible transportation for students with disabilities. For example, a student who uses a wheelchair, is enrolled in your class and you decide to use a college van to take the students to a museum. You must offer accessible transportation to the student with a disability. The student may accept or refuse the accessible transportation.

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 for Civil Rights of the U.S. Department of Education, or under the ADA Titles II and III that is 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.

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

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