Application of ADA to Higher Education

There are several issues raised by ADA as it relates to higher education:

1. Who qualifies as a person with a disability?
2. What is the "reasonable" accommodation for that disability?
   
3. How is that information given to instructors?
   
4. What flexibility is there in changing the accommodation?
   
5. How are academic "standards" preserved?
   
6. What are your responsibilities and rights as an instructor under ADA?
   

Who qualifies as a person with a disability?

At Emory University, The Office of Disabilities Services, located at 110 Administration Building, receives documentation of students who wish to qualify for accommodations under ADA. These documents are carefully screened by a professional who determines whether the documentation is sufficient and, if so, if an accommodation is justified. Not everyone who received services under the Individuals with Disabilities Education Act in elementary through high school is eligible for accommodations. (Go to The Law.)

Some disabilities are relatively easy to document, such as physical and sensory impairments. Physicians may send of letter stating the condition and the extent of the disability. Psychologists and neuro-psychologists who evaluate "hidden" disabilities, such as learning disabilities and attention deficits, provide lengthy comprehensive evaluations of cognitive, academic and emotional functioning.

For an individual to qualify for accommodations as a person with a disability, documentation must indicate that there is a functional impairment of a degree that would not be experienced by the average person and that an attempt at compensation has been made. The average person standard does not mean the average university student, but the average person in the normative population. For example, a person who has excellent academic skills but is slower in processing some types of information, a common feature of a learning disability, would qualify for extra time in specific situations if it is shown that his/her processing speed falls below that of the average person. Specific norm-referenced and standardized measures are used to compare an individual’s speed of processing with a norm group.

Documentation procedures are posted on the web site of the Office of Disabilities Services at http://www.emory.edu/EEO/ODS. There are specific documentation procedures required for different types of disabilities. All documentation must be recent, comprehensive and clear as to the nature and effect of the disability as it relates to access to educational experiences.

What is the reasonable accommodation for the disability?

Once the functional impairment is determined, the disabilities specialist next determines how this might affect the student in each of his/her classes. The specialist will base the accommodation request on:

1) the document attesting to the presence, type and severity of a disability supplied by the student,

2)conversation with the student about experiences with and without the accommodation and

3) knowledge of the requirements of the course.

Because knowledge of the course is sometimes inadequate, the specialist may call the instructor to request information. If this does not occur or the accommodation suggested does address the needs of the student within the requirements of the course, the instructor and student have the option of discussing the accommodations with the disabilities specialist and modifying it.

There is no requirement under ADA for a change or modification of an essential course requirement. This is important for two reasons: first, because it relates to consistent standards of performance for all students and second, because the essential requirements of a course must be clearly stated.

The best way to do this is:

• to have the objectives of the course outlined on a syllabus
• to read the objectives of the course in class during the first class meeting
• to suggest that any student who might need to discuss these objectives arrange a private meeting with the instructor
• to suggest that any student requiring an accommodation in the class meets with you before a specific date (such as before the first exam). This can be done in writing on the first page of the syllabus.

How is information given to instructors about accommodations?

The disabilities specialist writes a letter for the student to share with the instructor. The letter is prepared at the beginning of each semester or whenever the documentation and service plan development phase is complete. This letter simply states that the named student is considered to have a disability under ADA guidelines and will need specific accommodations in his classes. These accommodations are listed within the letter. There is usually no information about how the accommodations are to be offered. There may be guidelines, such as 50% more time on tests. Confusion may arise if the instructor has not worked with the Disabilities Office previously. If there are questions about how to implement an accommodation or whether the accommodation is appropriate in the course, call the disabilities specialist.

It is the responsibility of the student to provide the letter requesting accommodations to his/her instructors. The instructor can encourage this behavior by stating his/her availability and desire to meet with students. If the student does not share this information, the instructor is not obligated to correct for a lack of accommodation at a later date.

What flexibility is there in changing an accommodation as requested by the Office of Disabilities Services?

In most cases, the accommodation(s) requested will be relevant to the course, but, sometimes, there will need to be changes. For example, there may be a request for the provision of a separate setting for the student for tests and no room may be available. This may require the disabilities specialist to make arrangements for a separate room and proctoring in another place. Anticipation of the difficulty in implementing the accommodation results in smooth flow of services.

If the objection to the accommodation is a result of the belief of the instructor that it would change an essential element of the curriculum, this needs to be explained to the disabilities specialist. For example, a student with oral expression problems may request that all tests are written and not oral. While this may be appropriate in many courses, one essential aspect of a foreign language course may be oral expression in that language.

The general rule is that if the accommodation makes sense within the structure of the course and allows the student to have the same opportunity to complete the essential requirements of the course, then the accommodation is appropriate. If it changes the course significantly, other options should be considered. Again, it is important to have the essential requirement (course objectives) clearly written.

How are academic standards preserved?

In some ways, this question has been answered above. The preservation of the standards or essential features of the course as established by the instructor is not in jeopardy under ADA. In fact, courts have upheld the position of universities to establish and maintain standards through numerous cases. The most recent and vivid is the 1996 decision in Guckenberger vs. Boston University. In this case, Judge Saris’ decision supported the rights of a university to establish and uphold the standards as set forth in its curriculum, in this case to require the student to take a foreign language to complete the degree program. (See Cases.) "Reasonable accommodation" does not mean academic "slippage."

The requirement for the student to have access to educational experiences is not necessarily in conflict with setting and preserving high academic standards. The confusion (and sometimes conflict) occurs when the instructor cannot explain why a task is essential or the faculty of the program cannot support reasons for maintaining a requirement.

What are your rights and responsibilities as an instructor?

• To develop a course of study that meets the highest academic standards
• To use the most appropriate methods of instruction to convey information and to develop new ways of thinking for all students
• To organize your courses so that tasks are clear and manageable
• To be available to students who need assistance
• To be true to your own vision of excellence in instruction while keeping in mind the diversity in your classroom