Important Instruction from the Office of Civil Rights (OCR)
“OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (Title II), which prohibit discrimination based on disability. Most institutions of postsecondary education in the United States are subject to Section 504 or Title II. Entities covered by these civil rights laws have an obligation to comply with legal requirements and to carry out their programs and activities in a manner that does not discriminate based on disability.
Institutions of postsecondary education must provide an appropriate academic adjustment based on students’ disabilities and individual needs when necessary to avoid discrimination. In providing an academic adjustment, a postsecondary institution does not have to eliminate or lower essential requirements or make modifications that would result in a fundamental alteration of the programs or activities being offered or impose an undue burden on the institution.”
Faculty Roles
- Make Reasonable Accommodations
- Provide Access to Classroom & Materials
- Maintain Confidentiality
- Not denying access to students with registered accommodations.
While it is the faculty’s responsibility to ensure that the learning environment is accessible, students with disabilities must request accommodations, when needed. Faculty may find it useful to include a syllabus statement file, which informs students about the steps they need to take to receive classroom accommodations through the Office of Disability Services (ODS).
In certain situations, reasonable accommodations may require adaptations of standard classroom approaches that do not alter the fundamental requirements of a course.
The following are examples of accommodations that may be necessary to ensure equal access to education:
- Provide necessary accommodations for exams or provide the exam to ODS where the student can receive the accommodations needed; ODS is happy to proctor all student exams throughout the year and during finals week, for those with specific testing accommodations.
- Provide alternative ways to fulfill course requirements, if necessary, due to illness or extenuating circumstances.
- Allow assistive technology such as audio recorders, electronic note takers, and laptop computers to be used in the classroom; ODS has a recorded lecture agreement that all students must sign prior to using these devices. The faculty can access this agreement on our website or by calling our office.
Confidentiality in the accommodation process must be maintained by all parties. Letters of accommodation should be filed in a safe place, and faculty should refrain from discussing students’ disabilities and necessary accommodations in the presence of fellow students or others who do not have an “educational need to know.”
Disability Service’s staff are always available to answer questions and serve as a resource for faculty seeking assistance in providing accommodations to students.
Faculty members have the right to:
- Maintain academic standards for courses and integrity of the program.
- Determine course content and how it will be taught.
- Confirm a student’s accommodation and ask for clarification about specific accommodation (listed on the student’s accommodation letter) with Disability Services.
- Deny or further discuss a request for accommodation – if the student has not been approved for such accommodation or if the student does not provide their accommodation letter to the faculty; please contact our office if this occurs. Students are not required to provide their letter by a specific date and time, they are encouraged to do so in a timely fashion and at the start of a new semester.
- Award grades appropriate to the level of the student’s demonstration of mastery of material.
- Fail a student who does not perform to passing standards, even if they used accommodations during their time in the classroom.
Faculty members or staff of the university do not have the right to:
- Refuse to provide approved accommodation for a documented disability that is approved by the Office of Disability Services; please call us if you have questions. If certain accommodations are not able to be offered due to the nature of the course, we can come up with a reasonable alternative.
- Challenge the validity of a student’s disability.
- Review a student’s documentation, including diagnostic data.
- Create unreasonable accommodations that create further barriers to education.
Faculty members can also assist in the disability process by:
- Understand the laws (ADA, 504, and OCR policies) and university’s guidelines regarding students with disabilities.
- Refer students to Disability Services when necessary.
- Provide requested accommodations and academic adjustments to students who have documented disabilities (given provide their accommodations letter to instructor) in a timely manner.
- Maintain appropriate confidentiality of records concerning students with disabilities except when disclosure is required by law or authorized by the student.
- Provide handouts, videos, and other course materials in accessible formats upon request or work with ODS to make this happen for a student.
ODS is happy to work with all faculty on accommodations, accessibility of courses, adaptations of materials, and other issues that may arise when working with a student who has a disability. Please, do not hesitate to reach out with questions or concerns.
