DSP&S Faculty Manual

State Center

Community College District

Disabled Students Programs & Services

Faculty Manual

A Guide to Working with

Students with Disabilities

STATE CENTER COMMUNITY COLLEGE DISTRICT

www.scccd.cc.ca.us

Fresno City College Reedley College Madera Community Center Oakhurst Center Willow & International Center

1101 E. University 995 North Reed Ave. 30277 Avenue 12 40241 Hwy. 41 10309 N. Willow

Fresno, CA 93741 Reedley, CA 93654 Madera, CA 93638 Oakhurst, CA 93644 Fresno, CA 93730

(559) 442-8237 (559) 638-3641 (559) 675-4800 (559) 683-3940 (559) 325-5208

FAX (559) 485-7304 FAX (559) 638-0382 FAX (559) 675-4820 (559) 683-4193 (559) 325-5299 (temp.)

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DSP&S Faculty Manual

PREFACE/WELCOME from JANICE


TABLE OF CONTENTS

1 INTRODUCTION 5

2 LAWS SUPPORTING STUDENTS WITH DISABILITIES 5

2.1 Section 504 of the Rehabilitation Act 5

2.2 Americans with Disabilities Act (ADA) 1990 5

2.3 Rehabilitation Act Amendment (Section 508) 6

3 CONFIDENTIALITY 6

4 FACULTY RESPONSIBILITIES 7

5 STUDENT RIGHTS AND RESPONSIBILITIES 7

6 AN OVERVIEW OF DSP&S 8

7 DSP&S PROGRAMS 9

8 ELIGIBILITY REQUIREMENTS 9

9 TYPES OF DISABILITIES AND INSTRUCTIONAL STRATEGIES 10

9.1 Acquired Brain Injuries 11

9.2 Attention Deficit Disorder (ADD)/Attention Deficit Hyperactivity Disorder (ADHD) 12

9.3 Deaf and Hearing Impairments 13

9.4 Learning Disabilities 15

9.5 Other Disabilities 17

9.6 Physical Disabilities 19

9.7 Psychiatric Disabilities 20

9.8 Speech and Language Disabilities 21

9.9 Visual Impairments 22

10 DISABILITY RELATED LANGUAGE 23

11 REASONABLE ACCOMMODATIONS 24

12 REFERRING STUDENTS TO DSP&S 24

13 SYLLABUS STATEMENT 25

14 FREQUENTLY ASKED QUESTIONS 25

15 PROCEDURES FOR SERVICES AND ACCOMMODATIONS 29

15.1 Adaptive Equipment and Technology 29

15.2 Adaptive Furniture 30

15.3 Alternate Media 30

15.4 Audio Recording of Lectures 31

15.5 Developmental Classes 32

15.6 Equipment Loans 32

15.7 LD Eligibility Screening 32

15.8 Notetakers 33

15.9 Seating 34

15.10 Sign Language Interpreters 34

15.11 Special Parking 35

15.12 Test Taking Accommodations 35

15.13 Tram (where available) and Classroom Assistance 36

15.14 Tutoring Assistance 37

APPENDICES 37

Appendix A: Academic Accommodations Review Procedures 40

Appendix B: DSP&S Forms 39

1  INTRODUCTION

Disabled Students Programs and Services (DSP&S) is committed to assisting students with disabilities in achieving their educational and vocational goals by providing the services and programs needed to participate in the mainstream college classroom.

In addition to providing services and programs to students with disabilities, DSP&S recognizes its responsibility to the faculty and staff to provide information, support and assistance.

This handbook describes various disabilities and the related educational implications, as well as the DSP&S programs and services offered. It is just one way in which DSP&S can assist the faculty and staff to provide reasonable accommodations for students with disabilities.

2  LAWS SUPPORTING STUDENTS WITH DISABILITIES

SCCCD is committed to ensuring that students with disabilities receive appropriate accommodations in their instructional activities as mandated by federal and state law and by College/District policy while maintaining academic integrity. With regard to students with disabilities, two Federal laws govern SCCCD: the American with Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1973, Section 504 (reauthorized in 1992). The main difference between these laws is that Section 504 applies to entities that receive federal funding while the ADA expands and clarifies the law to include private entities. SCCCD must comply with the provisions set forth in both laws.

2.1  Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act of 1973 is a Federal civil rights law, which protects the rights of persons with disabilities in any program or activity receiving federal funds. Section 504 states, "No otherwise qualified individual in the United States, as defined in Section 7 (6), shall solely by reason of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance."

Section 504 further states that, "A recipient (federal funds) shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee, unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program." The term "otherwise qualified individual with a disability," with respect to post-secondary education means a person who meets the academic and technical standards requisite for admission or participation in the educational program or activity, with or without reasonable modifications to rules, policies or practices; the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services.

These regulations cover all aspects of SCCCD services. Therefore, all faculty, staff, and students of SCCCD are covered, and the law applies to instruction, non-instruction and employment practices.

2.2  Americans with Disabilities Act (ADA) 1990

The Americans with Disabilities Act (ADA) extends the framework of civil rights laws and of Section 504. Mandates reasonable access for people with disabilities with all public and private entities. Provides essentially the same protection as Section 504, except it is broader in context and coverage, and redress is more specifically defined. There are five sections:

Title I – Employment: Prohibits employers of 15 or more to discriminate against a qualified applicant or employee with a disability and prohibits retaliation against any individual who has opposed any act or practice made unlawful by the ADA.

Title II – Public Services and Transportation: Prohibits state and local governments from discriminating against people with disabilities in their programs and activities. Includes entities receiving state or federal funding such as community colleges in anti-discrimination clauses. New public buses, new train cars in commuter, subway, intercity, and light rail systems as well as new stations and facilities must be accessible.

Title III – Public Accommodations: Prohibits privately operated public accommodations from denying goods, programs and services to people based on their disabilities. Businesses must accommodate patrons with disabilities by making reasonable modifications to policies and practices, providing auxiliary aids and improving physical accessibility.

Title IV – Telecommunications: Telephone companies need to provide continuous voice transmission relay services that allow people with speech and hearing disabilities to communicate over the phone through

Teletypewriters (TTYs). Also requires that federally funded television public service messages be closed-captioned for viewers who are deaf or hard of hearing.

Title V – Miscellaneous Provisions: Specifics for enforcement of the act and provisions for attorney’s fees.

In summary, relative to its relationship to students with disabilities, SCCCD:

·  Cannot exclude individuals based on disability.

·  Will strive to ensure participation in integrated settings.

·  Will make reasonable modifications in policies, practices, and procedures when necessary to avoid discrimination based on disability.

·  May not discriminate against an individual with a disability in the offering of examinations or courses relating to licensing or certification for educational or professional purpose mandate to integrate fully individuals with disabilities into mainstream society.

2.3  Rehabilitation Act Amendment (Section 508)

On August 7, 1998, President Clinton signed into law the Rehabilitation Act Amendments of 1998 (29 U.S.C. 794d) which covers access to federally funded programs and services. The law strengthens section 508 of the Rehabilitation Act and requires access to electronic and information technology provided by the Federal government. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Federal agencies must ensure that this technology is accessible to employees and members of the public with disabilities to the extent it does not pose an "undue burden." Section 508 speaks to various means for disseminating information, including computers, software, and electronic office equipment. It applies to, but is not solely focused on, Federal pages on the Internet or the World Wide Web. It does not apply to web pages of private industry.

In addition to Federal agencies, States are also impacted by Section 508. States receiving Federal funding under the Assistive Technology Act of 1998 will be subject to Section 508. This means that States' purchases of electronic and information technology must also comply with the accessibility standards set forth under Section 508. Even local governmental entities may be impacted, especially in those States where statutes prohibit discrimination on the basis of disability by entities receiving state funds.

3  CONFIDENTIALITY

Under the Right to Privacy Act and related laws affecting higher education, students have the right to confidentiality. Students with disabilities often mention having a disability revealed as the situation they fear the most at school. If that information is revealed to classmates or others without the student’s permission, it is a violation of confidentiality laws and the trust that the student has in the instructor and the college. It is not legal, for example, to announce by name that a student needs a notetaker, or to discuss the student’s disability in class or in the presence of other students.

When you receive a Notification of Authorized Services form (see Appendix B) that states a student has a disability and needs accommodations, or if the student shares that information with you verbally or in writing, that information must be kept confidential. Instructors and staff should treat all information regarding the identity of the student with a disability, the nature of the disability, and the disability-related accommodations she/he requires in a professional manner.

DSP&S is bound by laws that protect a student’s right to privacy. A DSP&S counselor cannot discuss anything pertaining to specific students with any of their instructors, staff, or family members without the student’s expressed written permission. DSP&S is allowed to disclose limited information and verify eligibility for specific services under an educational need to know clause in the student’s application for services. Other exceptions to confidentiality occur when required by law, such as when a student is determined to be a danger to self or others, or when there is reasonable suspicion of child abuse or the abuse of a dependent adult.

4  FACULTY RESPONSIBILITIES

The majority of support services required by students with disabilities are provided through DSP&S. However, full cooperation of faculty is the key to timely delivery of approved academic accommodations. In order for DSP&S to continue to provide the best level of services available, the following is needed from members of the faculty:

  1. Faculty will cooperate with DSP&S in providing authorized accommodations and/or support services for students in a fair and timely manner.
  2. Faculty will ensure that copies of classroom exams are provided to DSP&S in a timely manner to enable administration of special testing accommodations.
  3. Faculty will provide handouts and classroom materials to DSP&S in a timely manner for students who need this material reproduced in an accessible format.
  4. Faculty will select textbooks in a timely way so that e-text can be ordered from the publisher.
  5. Faculty will consult with DSP&S staff if there is any question regarding how to implement authorized academic accommodations.
  6. Faculty will respect the confidentiality of students with disabilities and will not disclose information on the student’s disability without prior consent.
  7. Faculty will include a statement in their syllabus each semester reminding students with verified disabilities to contact the instructor to arrange accommodations. (see page 25 for examples)

Faculty do not have the right to refuse to provide accommodations, to question whether the disability exists when accommodations have been authorized by DSP&S, or to request to examine the student’s documentation.

5  STUDENT RIGHTS AND RESPONSIBILITIES

1.  Participation in DSP&S by students with disabilities is voluntary. Not all students with disabilities require accommodations.

2.  Receiving support services does not prevent a student from participating in any other course, program or activity offered by the college.

3.  All records maintained by DSP&S pertaining to students with disabilities are protected from disclosure and are subject to all other requirements for handling of student records.

4.  Students assume responsibility for transportation, service animals, medications and the provision of personal attendant care. See current college catalog for complete Attendant Service Policy.

5.  Students assume personal responsibility for their education and accommodations.

6.  Students are expected to work collaboratively with SCCCD staff and instructors to ensure timely provision of services.

7.  Students must meet with a DSP&S counselor to complete a Student Educational Contract (see Appendix B). The student will meet with their counselor at least twice each semester to update the Student Educational Contract.

8.  The student will utilize DSP&S services in a responsible manner and adhere to written service provision procedures adopted by DSP&S.

9.  Students will comply with the Student Code of Conduct adopted by the college and published in the college catalog.

10.  Students must demonstrate measurable progress toward the goals established in the student’s Student Educational Contract (Board Policy No. 5410, Education Code 66300), and meet academic standards established by the college.

11.  Failure to comply with these standards may result in the suspension of DSP&S services.

12.  Students seeking to appeal the denial of services should seek remedy through the Director of DSP&S. If, after consulting with the DSP&S Director, students are still not satisfied, they may appeal via the Student Grievance Process. (see current college catalog, Grievance Policy for Students).

6  AN OVERVIEW OF DSP&S

In order to be eligible for DSP&S services, a student must have a verifiable disability that substantially limits one or more major life activities and imposes an educational limitation. A major life activity may include hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning, or working.

DSP&S ensures that all students with disabilities have an equal opportunity in the pursuit of their educational objectives. DSP&S attempts to coordinate the students’ needs with services and resources available within SCCCD and to insure accessible educational opportunities for students according to their individual needs. To assist students, we offer a number of support service programs. The purpose of these programs is not to create a competitive advantage for students with disabilities, but rather to ensure equal opportunity.