ASU Disability Services Student Union, Room 2181 Dean B. Ellis Library, Room 242 http://disability.astate.edu 870-972-3964 TDD: 870-972-3458 DISABILITY SERVICES STAFF Jane Coburn – Administrative Specialist Christina Laurentia – Adaptive Technology Computer Specialist Sondra Sims – Learning Disability Specialist Corlisha Presley – Note-taking Specialist Vaneta Harvey – Physical Accommodations Specialist WHAT IS A DISABILITY? Definition A person with a disability is an individual who has a physical or mental impairment that substantially limits one or more of his/her major life activities. Changes While the definition of disability remains unchanged, the new regulations have changed the way federal courts are required to interpret the term “disability”. MAJOR LIFE ACTIVITIES Major life activities are those that an average person can perform with little or no difficulty The term “major bodily functions” has been included within the term “major life activities” Examples of major life activities and major bodily function are in the following slides. MAJOR LIFE ACTIVITIES INCLUDE (BUT ARE NOT LIMITED TO): – – – – – – – – – Walking Speaking Breathing Performing manual tasks Seeing Hearing Learning Caring for oneself Working Sleeping - Standing - Lifting - Bending - Reading - Concentrating - Thinking - Communicating - Eating - In the EOCC’s final ruling it added: sitting, reaching, and interacting with others MAJOR BODILY FUNCTIONS INCLUDES FUNCTIONS OF: Immune system Special sense organs Skin Normal cell growth Digestive Genitourinary Bowel Bladder Neurological Brain Respiratory Circulatory Cardiovascular Endocrine Hemic Lymphatic Musculoskeletal & Reproductive systems This also includes the operation of an individual organ with a body system (e.g. the operation of the kidney, liver or pancreas) NEW REGULATIONS The regulations no longer call for: An evaluation of the nature and severity of the impairment The duration or expected duration of the impairment The actual or expected impact of the impairment EEOC EXPLAINS FURTHER The “condition, manner or duration” analysis may be useful in some circumstances, but is not required to prove or disprove a disability. It may be useful in appropriate cases to consider, as compared to most people in the general population, the condition and manner in which the individual performs the major life activity and/or the duration of time it takes to perform the major life activity. (29 C.F.R. 1630.2 (j)(4)) EPISODIC OR IN REMISSION As required by the Amendments Act, the new regulations state that an “impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active” (29 C.F.R. 1630.2 (j)(1)(vii)) * *This provision was added to ensure that disabilities such as diabetes and posttraumatic stress disorder would be covered. TOTAL STUDENT POPULATION SERVED ADD 11% 25% Cognitive 2% Dyslexia 8% Hearing 7% 20% 15% Learning Disability 15% Physical Mobility 23% 10% Psychological 10% 5% Visual 8% Physical Dexterity 6% Other 14% 0% ASU DEGREE CENTERS/REGIONAL SITES ASU Paragould ASU Beebe ASU Technical Center – Marked Tree ASU Mountain Home ASU Newport East Arkansas Community College – Forrest City Mid-South Community College – West Memphis Arkansas Northeastern College – Blytheville Ozarka College - Melbourne ASU’S COMMITMENT ASU is committed to achieving equal educational opportunity and full participation for persons with disabilities. It is the University’s policy that no qualified person be excluded from participating in any University program or activity, be denied the benefits of any University program or activity, or otherwise be subjected to discrimination with regard to any University program or activity. COMMITMENT (CONT.) A person with a disability must be ensured the same access to programs, opportunities, and activities at the University as all others. Existing barriers, whether physical, programmatic or attitudinal must be removed. RESPONSIBILITIES OF FACULTY Discuss with the DS contact person any concerns related to the accommodations or arrangements requested by the student. Provide appropriate accommodations, either personally or by making arrangements with DS. Ensure the confidentiality of information regarding students with disabilities. TIPS FOR FACULTY If a student with a disability does not contact you, contact the student to find out what accommodations will be helpful. Talk to students about possible course concerns during the term and encourage them to stay in touch. Do not discourage students from taking your course. If you foresee problems, discuss them, but let students make their own decisions. TIPS FOR FACULTY (CONT.) When speaking to a deaf student with an interpreter, talk directly to the student, not the interpreter. Do not delve into the student’s medical history or inquire about his/her diagnosis. Treat the student with a disability as you would all other students in situations where disability is not an issue. Do not overcompensate by doing things for students with disabilities. ADDITIONAL INFORMATION FOR FACULTY The faculty member’s action towards the student should not change with the knowledge about the disability; Faculty does not need to know what type of disability the student has been diagnosed with. Faculty will only be informed that appropriate documentation has been provided to DS and that accommodation is necessary to fulfill the mandate for equal access under ADA/504. SHOULD A STUDENT WITH A DISABILITY SELF-IDENTIFY? If students choose not to self-identify and/or request protection, he/she is not considered a person with a disability. This is the only federal civil rights law that acknowledges the right of the individual not to be included within the protected class. STUDENT’S RIGHTS Every student with a documented disability has the following rights: Equal access to courses, programs, services, jobs, activities, and facilities available through the University. Reasonable and/or auxiliary aids determined on a case-by-case basis. Appropriate confidentiality of all information pertaining to his/her disability with the choice of to whom to disclose their disability, except as required by law. STUDENT’S RESPONSIBILITIES Every student with a disability has the responsibility to: Meet the University’s qualifications and essential technical, academic and institutional standards Register with Disability Services Self-identify in a timely manner Provide appropriate documentation to Disability Services WHAT IS THE DS PROCESS? Students must have documentation from a licensed professional that verifies their disability Student completes DS registration form Conference with DS Counselor Documentation is reviewed Discussion on appropriate accommodations Student meets DS support staff Accommodation card given to student PROGRAMS/SERVICES OFFERED Testing Note-taking Reader Services Transcription Technology Assistance Accommodations Physical Accommodations ACCOMMODATIONS DS also provides accommodations for computerized tests such as algebra. In Introductory, Intermediate, and College Algebra, students can take their computerized test in our testing lab as required. Accommodations may vary based on disability. Accessible workstations are currently available in thirteen locations across the ASU campus. SERVICE ANIMALS What is a service animal? The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Please note: - If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. WHAT IF A SERVICE ANIMAL BARKS OR GROWLS AT OTHER PEOPLE OR ACTS OUT OF CONTROL? You may exclude an animal, including a service animal, from your facility when that animal’s behavior poses a direct threat to the health and safety of others. Please note: - You may not make assumptions, however, about how a particular animal is likely to behave based on your past experience. Each situation must be considered individually. THANK YOU! Dr. Jenifer Rice-Mason, Director of Disability Services This drawing was done by a student with a disability as he sat in the Director’s office. We appreciate your willingness to work with students with disabilities and to provide accommodations to students in the classroom! REFERENCES New ADA Regulations Take Effect; Employers Should Revise Procedures. (May 2011). No. 390. Section 504 Compliance Handbook. Washington, DC: Thompson Publishing Group.