Access Office

Q. What is a reasonable accommodation?
A. “Accommodation” is a term coined from disability and employment legislation, and it refers to any modifications that need to be made for a person or within an environment to minimize the discriminatory effect of a person’s physical, emotional, or learning disability. “Reasonable” means the provision of the adjustment should not cause undue burden on the setting or the institution. In academia, reasonable accommodations may be called academic adjustments, and they might include classroom adjustments, exam modifications, or administrative accommodations.

Individual academic adjustments are not specifically mandated by law; the idea is that the adjustment match the individual need of the student and does not change the essential requirements of the class or course. The student should be able to perform the role of a student with or without the adjustment; the adjustment should have the effect of reducing the handicapping effect of the disability in the academic environment. The goal of reasonable accommodations and academic adjustments has been referred to as “leveling the playing field” for people with disabilities. For a person with a sensory neural or physical disability, this might mean having an ASL interpreter or moving a class to an accessible location. For a student with a psychiatric disability, it might mean taping lectures, having beverages in class, or having priority registration to optimize times when medication side effects are least intrusive.

Q. How do I know if a student really has a disability?
A. In most cases, students who are requesting accommodations are receiving services from Disability Services for Students. This office requires documentation of the specific disability from the student’s medical doctor, psychologist or certified evaluator. Unless the student discloses his or her specific disability to you, as an instructor you are not entitled to the specifics of this information. If a student is requesting an adjustment from you, s/he should present you with a current accommodation letter from Disability Services for Students stating that s/he indeed qualifies for academic adjustments.

Q. How do I set limits or tell a student they are performing poorly in the class without upsetting the person or violating the law?
A. You should treat a student with a disability as you would any of your students. Follow your normal procedures for a student who is doing poorly in class. Make sure that your specific performance expectations are clearly delineated and communicated, and then track the student's performance, documenting each step.

Q. How do I know when I am providing “accommodations” or when I am over accommodating or going too far?
A. An accommodation letter generated from Disability Services for Students will list required accommodations. You should not change the curriculum of the course or modify assignments to alter the core requirements. For example, changes in test formats or giving extended time or advanced notice to a student would not be altering the requirement of learning course material, and therefore are within reason. If you feel uncomfortable with an adjustment request, discuss it with Disability Services for Students.

Q. Do I need to modify my typical grading process for someone with a psychiatric disability?
A. Giving a student an academic adjustment does not affect the grading process. The adjustment might involve altering the form of evaluation; for example, you might give an exam verbally instead of on paper, or you might change the format from multiple choice to essay. Otherwise students are required to meet all academic standards regardless of disability.

Q. If someone cannot do the classwork, no matter what adjustments I provide, can I give the student a failing grade?
A. Students with disabilities are required to meet the same academic requirements that all students are required to meet. If they cannot meet the standards then you should grade them as you would any other student.

Q. How do I know if an academic adjustment request is unreasonable?
A. The academic adjustment should not create an undue burden on you or the institution. If you believe an accommodation request is unreasonable, the best first step is to discuss it with the student and negotiate an acceptable solution. If you cannot reach an acceptable resolution, the next step is to discuss the academic adjustment with Disability Services for Students on campus.

Q. Who else in the school can I tell about the student’s disability and under what circumstances?
A. Students’ rights to privacy and confidentiality regarding information about their disability is protected under the ADA and Section 504 of the Rehabilitation Act. The very fact that a student has a disability is confidential information and therefore can only be shared if the student gives written permission (in the form of a signed release of information).

Q. Can I tell the other professors / instructors about a student and look to them for suggestions?
A. Specific information about a student’s disability is confidential, and cannot be shared without a student’s written permission. General information about psychiatric disability, academic adjustments, and classroom strategies can be shared, and issues can be discussed provided the student’s anonymity is absolutely protected. Otherwise, refer to Disability Services for Students for assistance and refer other instructors there as well.

Q. Once a student discloses a psychiatric disability, what kind of information do I need and how can I get it?
A. In general, you need to know what the present effect of the particular disability will be on the student’s functioning as a student in your class. Specifics regarding psychiatric history, diagnosis, and medications are not as relevant as the specific barriers that they present as the student attempts to complete the requirements of the class. Most useful is information about:

•	what behaviors to expect as a result of the disability or psychotropic medication;
•	how these behaviors interfere with the student’s participation and performance in the class,
•	what useful strategies and/or or academic adjustments may address these barriers and help him/her to function more effectively in the role of student?

One of the best sources of information is from the student him/herself; s/he is the best source of expertise about the impact of disability and its effect on individual functioning.

How the IDEA of 1997, Section 504 of the Rehabilitation Act of 1973, and the ADA of 1990 Influence Environments and People with Disabilities Differently

	Under the IDEA of 1997:	Under the Rehabilitation Act of 1973, Section 504:	Under the ADA of 1990:
According to the law, who is responsible for initiating and ensuring services are provided?	Schools are responsible for identification, assessment, development of Individual Education Programs, delivery of direct and related services, and the educational outcomes of children and youth with disabilities.	Individuals with disabilities are responsible for identifying themselves, undergoing assessment and seeking out assistance.	Individuals with disabilities are responsible for identifying themselves, undergoing assessment and seeking out assistance.

Does the law offer services, accommodations, or supports?	There is a focus on services rather than on accommodations.	There is a focus on services and supports.	There is a focus on accommodations rather than on services and supports.

What is the purpose of the law?	There is a focus on quality, least restrictive environment and the provision of a free, appropriate public education.	There is a focus on nondiscrimination.	There is a focus on nondiscrimination, reasonableness and undue hardship.

Who pays, according to the law?	Federal funds are available for the provision of assistance.	Public institutions bear the cost of assistance provision. The receipt of Federal funds for public institutions is linked to compliance with the law.	Institutions and employees bear the cost of assistance provision. There is no link between Federal funds and compliance with the law.

Where does the law apply?	The law only applies until a child graduates from secondary school or reaches the age of 21.	The law applies to all institutions receiving Federal funding. However, it tends to be applied mostly in post-secondary and employment environments.	The law applies across all environments.

* Excerpted from the Journal of Special Education Technology, Fall 2003 (Vol. 18, No. 4).

Disability Services for Students
118 Memorial Union Building
Durham, NH 03824
Voice/TTY: 603-862-2607
Fax: 603-862-4043