What is equal access to education?
Section
504 of the Rehabilitation Act of 1973 states that "no otherwise
qualified handicapped individual shall, solely by reason of the handicap,
be excluded from the participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving federal financial
assistance." Compliance with this law requires that academic institutions
like The University of Iowa provide the same opportunity for students
with disabilities to achieve success in the classroom that it provides
to other
students.
In other words, equal access to education is achieved when physical and instructional
barriers to learning are removed and the student is allowed to compete on
the basis of his or her academic abilities alone. The Americans with Disabilities
Act of 1990 (ADA) reinforced the provisions of the Rehabilitation Act by
requiring that all public facilities, services, and communications be accessible
to persons with disabilities and that auxiliary aids and services be provided
unless an undue burden would result.
What is reasonable accommodation?
Reasonable accommodation is the term used by the ADA for modifications made
to the learning environment that help to create equal educational opportunity.
It does not require that students with disabilities be given special advantages
in order to help them pass nor does it require that they be graded on a scale
different from their classmates.
On the contrary, it refers to steps that can be taken without significant
difficulty or expense to allow otherwise qualified students to fulfill course
requirements by limiting as much as possible the effects of their disabilities
on their performance. If reasonable accommodations are not obvious, effort
must be made to look for possible effective accommodations.
The Office of Student Disability Services (319/335-1462) is responsible
for assessing a student's eligibility for reasonable accommodation
and recommending specific
accommodation techniques based on information provided by the student's
health care provider. The following are examples of accommodations
that may be necessary
to ensure equal access to education:
-
providing
alternative ways to fulfill course requirements,
-
developing
and implementing innovative teaching techniques,
-
providing
supervised tutorial assistance and adaptive technology,
-
tailoring
course requirements to individual needs, and
-
modifying
testing procedures to ensure accurate measurement of a student's
academic
abilities and not his or
her disability.
Who qualifies as a disabled individual under the law?
The ADA defines an individual with a disability as
a person who:
(1) has
a physical or mental impairment that substantially limits one or
more of the major life
activities of that person,
(2) has
a record of such an impairment, or
(3) is
regarded as having such an impairment.
Major
life activities include caring for oneself, performing manual tasks,
walking, seeing, hearing, breathing, learning, and working. This
definition can cover a broad range of disabilities. Instructors
should seek guidance from Student Disability Services regarding
any question about the effect of a student's disability on the
student's academic performance.
What are your responsibilities as an instructor?
If a student identifies him/herself
as having a disability and requests accommodation, generally it is the instructor's
responsibility to ensure that
the learning environment is accessible. Due to the very personal and private
nature of some disabilities, it is important that instructors create an atmosphere
in which students feel comfortable about coming forward to discuss any special
needs they may have. It is also imperative that instructors safeguard the confidentiality
of students who disclose having a disability and/or request reasonable accommodation
for a disability.
Instructors can demonstrate their openness and willingness to help students by
including on their syllabi a statement encouraging students to make an appointment
with the instructor if they need course adaptations or accommodations, if they
have any emergency medical information of which the instructor should be aware,
or if they need special arrangements in the event the building must be evacuated.
It is also suggested that instructors bring the statement to the attention of
the students at the first class meeting and inform them that the Office of Student
Disability Services is available to assist them.
It is strongly recommended that the instructor make arrangements to meet privately
with students who choose to identify themselves as having a disability. When
a student discloses a disability, an instructor should refer the student to Student
Disability Services to register and request an accommodation. If Student Disability
Services determines that the student is eligible for a reasonable accommodation,
the instructor will receive a Student Academic Accommodation Request (SAAR) form
explaining the accommodations that are recommended by Student Disability Services,
based on the information provided by the student's health care provider. If the
instructor has any concerns or questions about the recommended accommodations,
the instructor should contact Student Disability Services to discuss those concerns
and should not approach the student directly. An instructor should also look
to his or her academic department for assistance in providing accommodations.
What are the responsibilities of the disabled student?
Although
it is an instructor's responsibility to create an accessible learning
environment, the student has the following responsibilities:
-
registering
with Student Disability Services
-
identifying
himself or herself as disabled if the disability is not obvious,
-
arranging
for orientation to campus through Student Disability Services,
-
ordering
special materials for class such as taped or brailled textbooks
or large-print material through Student Disability Services,
-
arranging
for in-class note takers and interpreters or tape recording lectures
through Student Disability Services,
-
initiating
contact with readers and tutors through Student Disability Services,
-
finding,
training, and employing attendants if necessary, and
-
requesting
special testing procedures in advance.
More
information about providing reasonable accommodations to students
with disabilities is available from Student
Disability Services.
[Adapted
with permission from Assisting Students with Disabilities
- A Guide for Instructors, prepared by the Indiana University
Office of Equal Opportunity and Diversity in association with
Indiana University Office of Disabled Student Services]
April 1994; revised August 2003
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