Frequently Asked Questions (FAQs) for Faculty

I suspect a student in one of my classes has a disability. What should I do?

While it is true that faculty members should not ask a student if he or she has a disability, there are other ways to address this issue. If you notice any of the following indicators, please invite the student to speak with you during office hours:

  • Exhibits patterns of mistakes.
  • Demonstrates knowledge of course material during discussion, but performs poorly on exams.
  • Does not seem to grasp concepts.
  • Does not follow directions well or seems distracted.
  • Frequent absences or breaks taken during class.

During your meeting with the student, one way to bring up services provided by DSS is to use a list of campus resources: CollegePersonal Success Counselor (help with managing academic or personal stressors, developing more effective study strategies, etc.);Tutoring Center; assistance with writing at the Writing Center; utilization of the math lab, if appropriate; and academic adjustments for individuals with disabilities viathe Disability Support Services office.

If a student has an obvious access issue, such as inaccessible classroom furniture, please do not wait to accommodate him or her- facilities issues can be addressed by contacting the Facilities, Plant Operations and Maintenance office. Pleasedo, however, refer the student to DSS so that in future semesters, appropriate arrangements can be made before classes begin.

What should I do when a student requests accommodations?

You should receive electronic notification for students who are registered with the DSS office. Some students may present you with a hard copy of the electronic notification letter. This letter will list the accommodations for which the student is eligible. Invite students to your office hours to privately discuss accommodation matters and to engage in dialogue regarding a plan for how and when to implement the accommodations.

Please be aware that students may or may not need all of the accommodations for which they are eligible in your course. The student’s specific needs for your course should be clarified in the discussion regarding accommodation matters.

How should I proceed when I receive an electronic notification and the student never discusses his/her accommodation needs with me?

Once you receive an electronic notification of a student’s accommodations, this is an official request for accommodations.Some students are more comfortable than others in initiating a conversation about their accommodation needs. It is appropriate and necessary to discuss a plan of action with the student for ensuring that the requested accommodations are implemented, and you should feel free to address the student regarding such. You may send the student an email or approach the student privately after class and ask them to meet with you during office hours to discuss the letter. However, students should not be asked to disclose specific information about their disability,or to justify the need for accommodations, and they should never be put in a situation where sensitive information is discussed or disclosed in a non-confidential environment. In some situations where the student is unable to initiate a conversation with you him/herself, the Accommodations Specialist may facilitate a meeting between you and the student upon request by the student.

How does DSS assist faculty members?

The DSS office serves as a resource for the campus community and provides education, training, and information on a variety of issues, including disability, access, inclusion, diversity, and accommodations. Some of the ways in which DSS can be a resource to faculty is by:

  • Providingassistance and direction on how to coordinate exam accommodations with the college’s Testing Center.
  • Offering text conversion of required class materials into alternative format for qualifying students.
  • Answering questions about rights and responsibilities related to the provision of accommodations.
  • Providing training and education for faculty that have students with disabilities registered in their courses.
  • Providing early notification and consultation on accommodations that may require pre-planning.
  • Advising faculty on the appropriateness of requested accommodations for their individual courses.
  • Serving as a liaison between faculty and students, and clarifying roles and responsibilities.
  • Assisting faculty in finding resources for universal design of courses.

What is a reasonable accommodation?

Reasonable accommodations are changes in the learning environment that permit students with disabilities to compete on an equal level as his/her peers. The accommodations modify nonessential elements of college programs.

Examples of reasonable accommodations may include, but are not limited to:

  • Extended time for exams and quizzes
  • Note taking assistance
  • Enlarged course material or course textbooks in alternative format
  • Sign language interpreters
  • Adaptive computer software or other assistive technologies
  • Accessible classrooms or seating
  • Recording of lectures

DSS coordinates and provides reasonable accommodations to qualified students with disabilities. Accommodations are individualized to address specific environmental barriers to a student’s participation in an educational setting. There must be a logical link between the accommodation and the student’s disability.

Are accommodations fair to other students?

This question is often asked of students with disabilities. The underlying assumption of the question is that fairness and equal treatment are synonymous with “the same” treatment. However, the same treatment doesn’t always measure fairly. First, disability law protects students with disabilities from being subjected to the arbitrary measure of what is best for others, except in cases of safety to others. Second, the assumption of the law is that modifying non-essential tasks should give the student with a disability an equal, or fair, chance to demonstrate their ability, minimizing the impact of the environment to the greatest extent possible.

Examples:

  1. A student who cannot perform the physical task of writing or other fine motor manipulations may be an excellent writer even though they cannot print or type the letters and words. Thus, the physical act of writing is a non-essential task. The student’s mastery of language and course material must not, under the law, be judged by their ability to manipulate a pencil or pen, or by use of a keyboard. Accommodating the student by providing a scribe to record the student’s essay responses, permits the student to show whether they can write effectively and whether they have acquired the information and critical skills the instructor wished to convey in the course.
  2. A student with a learning disability can learn, but learns differently. Learning disabilities that involve eye-hand coordination or thought processing may call for accommodations (e.g., alternative format textbooks, readers and scribes for tests, screen readers, help with marking scantron sheets) that reduce barriers to learning in the classroom and/or the accurate demonstration of course competency.

Fair and just, as described in the dictionary, means students with disabilities take the same test as everyone else, and just means each according to their need. The provision of accommodations is not an issue of fairness but rather, justice.First, federal laws protect students with disabilities from being measured in a manner that precludes demonstration of their true level of abilities. Second, reasonable modification allows students with disabilities an equal opportunity to perform at a standard equivalent to students without a disability. While an accommodation may present an advantage to students without a disability, it isn’t an advantage for a student with a disability, but an equalizer.

When are accommodations not provided?

The college provides accommodations unless they fall under one of the following three categories:

  • FUNDAMENTAL ALTERATION: If an accommodation reduces the academic standards of the college, its schools, departments, or its courses, the collegemay deny the accommodation and deem it unreasonable. Academic standards are essential for any student. Determination of a fundamental alteration is made by DSS after discussion with faculty on the essential components of the course or major. Students with disabilities must acquire the same knowledge and skills as other students, regardless of whether accommodations are utilized.
  • UNDUE HARDSHIP: If an accommodation costs too much or is impossible to administer, the accommodation may be deemed unreasonable. An undue administrative burden occurs when the collegedoesn't have enough time to respond to the request, or when it would be impossible or infeasible to administer. In every instance, the college reserves the right to offer other, equally effective accommodations. It should be noted that in over twenty years of case law and findings under Section 504, the federal government has never allowed a post-secondary institution to claim undue financial hardship as a legitimate refusal to provide auxiliary aids or services. Thus, this is a difficulty claim to uphold.
  • PERSONAL SERVICE: If a request for an accommodation falls under the definition of a personal service, the college is not responsible for providing the request. Personal services are those that a person with a disability must use regardless of attendance at the college. In addition, personal services are those for which no correlation between the disability and program access can be established. The college, for instance, does not purchase wheelchairs or other assistive technologies that are used in every setting to compensate for a mobility disability. Other examples of personal services may include aids required for independent living, apersonal tutor, a personal care attendant, or a hearing aid, for example.

What should I do if I have questions about the appropriateness of an accommodation in my course?

If you are uncertain about the reasonableness of an accommodation, you have several options. First, you should review the letter of accommodation from the DSS office to verify that the accommodation is one required. If the letter doesn't mention the required accommodation, you can contact DSS for clarification. Many accommodations may be requested by a student, but this does not necessarily mean that they were discussed with- or approved by- the DSS office. This does not mean that the request is unreasonable or cannot be provided. Contact the DSS office if you are unsure if a request is reasonable, or feel that the required accommodation compromises the essential course or program standards.

What happens if I choose not to comply?

It’s important to realize that failure to provide a reasonable accommodation to a student with a disability is a violation of law, putting in jeopardy, among other things, an institution’s receipt of federal financial assistance. If an instructor does not provide an accommodation which is reasonable and required, the student has several options, both formal and informal. While DSS staff generally default to the level of action which intervenes the least between the student and the instructor, we also have an ethical obligation to inform students of their rights to due process under the law.

Informal options, and therefore the least interventionist ones, include the following:

  • Clarifying the student's rights in the situation at hand, and coaching them about how to best discuss the accommodations further with their instructor.
  • DSS staff may contact the instructor to further clarify the issue and to ensure he or she understands the student's civil rights.
  • Student and DSS staff meet jointly with instructor.
  • Student may contact the department chair or dean for assistance with the situation.

In situations where the above informal options are unsuccessful, the student may wish to file a formal, internal complaint with the ADA Compliance Officer (Dean of Students) on campus. This review process will attempt to determine if discrimination on the basis of disability has occurred, and recommend resolution.

And finally, the student retains the right to file formal complaints with either the Illinois Human Rights Commission or with the U.S. Dept. of Education's Office of Civil Rights (OCR). This process takes longer before the situation is resolved, but carries with it greater threats to the college as a whole in the event of adverse findings.

What if a student with a disability is failing my course?

Equal access through use of reasonable accommodations for a student with disabilities does not ensure success. The possibility of a student with a disability failing a course exists when academic performance falls below minimal standards. The question to ask yourself in this situation is, “were requested accommodations provided in a satisfactory manner?” If so, then the failing grade is an accurate measure of the student’s performance and has been earned.

It is possible for a student with a disability to fail a course. The faculty member must analyze his or her personal role in complying with civil rights laws that prohibit discrimination. These laws mandate access to education, not guaranteed academic success. When a faculty member has done all that is required, then failing the under-qualified student is proper and lawful.

Following is a compliance checklist for additional guidance:

  • Stand by academic standards and freedoms. Full and equitable access to academic programs serves as the foundation to standards and freedoms.
  • Communicate clear and concise expectations for performance to your students. Care should be taken to distinguish between essential and non-essential components of the course. Required course objectives and expectations should always be printed in the course syllabi.
  • Allow reasonable accommodations. Accommodations are changes in the way things are done and affect only non-essential aspects of a course. They are reasonable so long as course standards are not fundamentally altered.
  • Provide notice to your students of your willingness to accommodate. This can be done verbally during lectures and in writing within a course syllabus. DSS recommends both. One might say, “Students with disabilities are welcome to discuss accommodations with me.”
  • Consult with the student and DSS staff. Any student should initiate his or her own requests for accommodations. Requests for accommodations will be supported by an accommodation letter from the DSS office. The letter will provide information that is relevant for the faculty member. DSS takes great care in assuring that there exists a link between the student's disability and the requested accommodations.
  • Permit students to use auxiliary aides and technologies which ensure access. Depending on the disability, students may use note takers, sign language interpreters, readers, scribes, and lab assistants. Others may use recorders, computers, assistive listening devices, and other technologies for the same purpose.
  • When requested, provide alternatives to printed information such as Braille, electronic text, large print, and audio files. If Internet resources and other technologies (such as media with an audio component) are used, then they must be as accessible to students with disabilities as they are for other students.
  • Make academic adjustments in instruction. Some students need lecturers to face the audience while speaking. Others may need written or graphic information spoken aloud or described. Adjustments such as these may be made after the student requests them.
  • If faculty members are planning to provide test accommodations in their departments, work with students to arrange such. If faculty members do not have the time, space, or resources, DSS can facilitate this through the Testing Center. Test accommodations may include, but are not limited to, extended time, a quiet environment, a reader, or a scribe.
  • Regard disability-related discussions and information with the strictest confidentiality. No professor has the right to destroy program access by ignoring confidentiality.
  • Provide information to the student on other campus resources that may assist him/her with being more successful. Examples may include: tutoring services, the writing center, math lab, and personal success counseling.

If a faculty member has provided appropriate accommodations in compliance with the law and the student has not earned a passing grade, the student is subject to the same grading scale as the rest of the student population.

What if a student misses class because of the impact of a disability?

Students are expected and encouraged to attend class and meet deadlines for assignments and tests and faculty have the right to establish attendance and late work policies. However, if a student has a disability with random or cyclical acute episodes that may occasionally impact their ability to attend class and complete tests or assignments at the scheduled time, flexibility in attendance/assignments may be considered an appropriate accommodation. The number of allowable absences and the amount of time given for each assignment extension depends on the interactive or participatory nature of a course,among other factors, and therefore should be determined on a case-by-case basis.

Students may miss critical course information, be unable to take scheduled exams or pop quizzes, or be unable to give required presentations when absent from class. In such circumstances, the student should contact the instructor as soon as possible. He or she should request some assistance in obtaining course notes or rescheduling an exam or presentation. A discussion should also include how many absences are reasonable, how the student is to make up any missed work, and what other alternatives may be necessary depending on the circumstances. In some situations, a withdrawal from the course, an incomplete, or retaking the course at a later time may be the best solution.