Frequently Asked Questions on Disabilities

Accommodations

Is it the university's responsibility to fund the accommodations which faculty must make, such as faculty having to hire someone to help with assignments or exams?

The Office of Disability Services will arrange any accommodations, which are appropriate to be funded through the university (i.e. when a student needs a scribe in a class, that individual is hired through the Office of Disability Services). It is part of a faculty member's job to determine how the students in his/her class will be evaluated. If part of that evaluation is to give exams and a student needs extended time, it is the faculty member's responsibility, with assistance as needed from the Office of Disability Services, to work that out with the student at a time the faculty member can provide that extended time. The institution does not have a staff member whose job is to administer extended time exams.

Why aren't faculty notified in advance of the beginning of a course that an enrolled student needs alternative assignments or exams?

Whether a faculty member is notified before the beginning of a course depends on several factors. Before a faculty member can be notified, the institution must be notified. Once the institution is notified, if the student has a physical or psychiatric disability, which will require unusual coordination, the faculty member is notified about the student and asked to contact the Office of Disability Services. Students with learning disabilities and Attention Deficit Disorder are expected to advocate for themselves and notify the instructor of the need for accommodations at the beginning of the course. The Office of Disability Services must authorize appropriate accommodations. Frequently students don't complete their course schedules until after faculty leave campus for the summer. In these cases, faculty are notified but may not get the letter until they return to campus in for the fall semester.

Disclosure and Documentation

What is the process for disclosure?

It is a violation of the law to ask students about disabilities during the admission process. Some students do disclose during this process and are connected with the Office of Disability Services so their documentation can be in place prior to the start of the academic year. Many students do not disclose until after they start classes and begin to have difficulty. In either case, Southern New Hampshire University has strict documentation guidelines, which must be followed before a student can be provided with accommodations. When a student discloses to a faculty member, it is very important that the student be referred to the Office of Disability Services for assistance. The faculty member must not provide accommodations when the institution does not have appropriate documentation. Once a student has disclosed a disability he or she meets with the Office of Disability Services and is given documentation forms to be completed by the professional making the diagnosis. After those forms are returned to the Office of Disability Services, appropriate accommodations are discussed with the student and an accommodation form is prepared. Students are encouraged to provide all faculty with the accommodations form. Faculty members may not decide that an accommodation is not appropriate for their class without discussion with the Office of Disability Services.

How late is "too late" for self-disclosure?

Students may disclose a disability at any time. The institution and faculty are not responsible for changing what happened prior to disclosure but must accommodate the student within a reasonable amount of time after the disclosure. For most classroom accommodations a "reasonable" amount of time is usually considered to be two weeks; therefore, if a student discloses that s/he needs extended time the day before the midterm, that is not a reasonable amount of time to prepare accommodations. That student would need to be accommodated for the rest of the course but not for the midterm. It is important to note that if a student discloses to a faculty member at the beginning of a course and is not referred to the Office of Disability Services and the faculty member does not follow up, then a request the day before an exam may need to be accommodated.

Why can't faculty see the documentation of a student's disability?

The student is required to provide documentation that a) establishes that s/he has a disability as defined under the law and b) supports the need for the accommodation(s) requested. Southern New Hampshire University is entitled to complete medical reports regarding the disability in question, including not only the diagnosis but also the results of the clinical tests used to make the diagnosis. Students are entitled to confidentiality regarding their diagnosis and clinical reports so that only those individuals responsible for determining whether the documentation is adequate have a right to access those records.

What happens when students self disclose, do not accept accommodations and then panic when they get into academic trouble?

As a faculty member your responsibility is to offer the appropriate accommodations. If a student refuses those accommodations and then gets into trouble, s/he can ask that those accommodations be implemented in the future, but nothing has to be changed about what already happened as long as the policy was followed appropriately.

Legal Issues

Whose responsibility is it to comply with the Americans with Disabilities Act?

It is the institution's responsibility to ensure that students are provided the reasonable accommodations to which they are entitled to under the law. Institutions can not provide necessary accommodations in the academic setting without the participation and cooperation of the faculty. Southern New Hampshire University has determined that faculty are responsible for providing classroom accommodations with the support of the Office of Disability Services.

Is the school legally responsible or is the faculty member legally responsible?

The institution is legally responsible for creating and maintaining policies, employing a compliance officer, and ensuring that appropriate accommodations are made. The faculty member is legally responsible for his/her behavior and compliance with the institution's policies. Faculty members have been successfully sued as individuals for violating the ADA.

Does the law say that the requirements for passing a course should be "different" for disabled students?

Faculty members are not required to make modifications that alter the nature and the content of their subject. For example, an instructor can require group work, even for a student with a disability that prohibits work in groups, as long as the instructor can demonstrate that the group work is essential to the nature of the course; however, accommodations that essentially provide equal access to students with disabilities must be made. Examples of acceptable accommodations include changes in length of time to complete coursework, extended time for exams, adaptations in the way knowledge is tested and adaptations in the manner in which a course is taught. It is not appropriate to adopt different standards to assess the success or failure of students with disabilities in comparison to other students.

Does the Americans with Disabilities Act apply to employees as well as to students?

Yes.

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