Frequently Asked Questions on Disabilities
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.
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.
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.
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.
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.
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.
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.Yes.Back to Faculty and Staff Resources
