Eastern Oregon University
Disability Services Office
(DSO)
Faculty and Staff Guidelines for
Students with Disabilities
2009
Last Updated Tuesday, September 15, 2009
Adopted by the University Assembly on February 3, 2004.
EOU guides student inquiry through integrated, high-quality liberal arts and professional programs that lead to responsible and reflective action in a diverse and interconnected world.
As an educational, cultural and scholarly center, EOU connects the rural regions of Oregon to a wider world. Our beautiful setting and small size enhance the personal attention our students receive, while partnerships with colleges, universities, agencies and communities add to the educational possibilities of our region and state.
The Disability Services Office strives to provide and promote a supportive, accessible, non-discriminatory learning and working environment for students, faculty, staff and community members with disabilities.
These goals are realized through the provision of individualized support services, advocacy, and the identification and sharing of current technology and information related to accessibility and accommodations for persons with disabilities.
Pat Arnson, Disability Services Coordinator:
Phone: (541)962-3081
Fax: (541)962-3820
One University Blvd., Loso 234D, La Grande, OR 97850
E-Mail: parnson@eou.edu
Lynne Tilley, Disability Services Accommodations Specialist
Phone: (541)962-3235
Fax: (541)962-3820
One University Blvd., Loso 234, La Grande, OR 97850
E-Mail: ltilley@eou.edu
We would like to thank the Disability Access Services (DAS) at OSU and Disability Resource Center (DRC) at PSU for the use of their handbooks in the construction of ours.
To the Faculty and Staff:
How EOU's Campus Community works with the ADA to successfully serve Students with Disabilities.
Eastern Oregon University is committed to the full participation of students with disabilities in University programs. Eastern’s Disability Services Office (DSO) strives to provide and promote a supportive, accessible, non-discriminatory learning and working environment for students, faculty, staff and visitors with disabilities.
Students who are served by the DSO are required to submit documentation from a qualified professional that must clearly state the nature of the disability and the limitations resulting from the condition. (Eastern does not provide diagnostic testing for students.) This information is used to determine which services and accommodations students will receive. Accommodations may vary depending on the nature and purpose of the course.
Although students are encouraged to request accommodations early in the term, a qualified student cannot be denied an accommodation if they ask at any point in the term.
Since students have documentation on file about their disabilities, they do not have to disclose to their faculty "what is wrong with them." They are, however, encouraged to discuss their strengths and what learning strategies work well for them. The students are encouraged to self-advocate and to become skilled at communicating with their professors, tutors and study partners. The DSO discloses information on the specific nature of students' disabilities only in those cases where there is “a need to know” and that information is disclosed with permission of the students.
Open communication is important for ensuring that EOU works well in serving students with disabilities. Please call the DSO any time you need more information about accommodations or would like to discuss how to improve an accommodation for one of your students.
All syllabi must include information regarding accommodations for qualified students. In addition, you may want to announce in your first class meeting that services are available at Eastern for students with disabilities.
Here is an example statement:
“Any student who feels he or she may need an accommodation for any type of disability, may make an appointment to see me during my office hours or contact the Disability Services Office in Loso 234. Phone: 962-3235”
If you suspect that a student in your classroom may have a learning disability, please call the Disability Services Office to see if he/she is a program participant. If the student is not registered with the DSO Program, we will be happy to discuss with you the options available to help the student become successful in your class.
If you feel a requested accommodation is unreasonable, please contact the DSO prior to denying the request. This process provides your best legal protection in the event of a grievance.
Thank you for your continued support in creating an accessible environment for students with disabilities at Eastern Oregon University. We are looking forward to working with you this school year.
(Top)Congress passed the Rehabilitation Act in 1973. Section 504 of this act protects persons with disabilities from discrimination. In 1978 regulations were published outlining specific ways in which institutions or agencies receiving federal financial assistance are to insure that discrimination does not take place. The Disability Services Office at Eastern Oregon University is the access point for persons with disabilities. Disability Services helps students with campus resources and assists them in meeting the academic needs of the disabled student.
There are two key concepts which are important to understand about Section 504. First, 504 is a non-discrimination law. It states that disabled students must receive equal opportunity and equal treatment. 504 mandates that a qualified disabled student should have an educationally equivalent experience to that of a non-disabled student. Second, Section 504 requires a university to provide equal opportunity to disabled persons in each of its programs, activities, and services so when, viewed as a whole, the university is accessible. Barriers may exist, but as long as they do not hinder the full appreciation of disabled persons in each program or activity, it is deemed accessible. Program access may include, but is not limited to, providing auxiliary aids (note-takers, tape recorders, special texts, etc.), or reassignment of classes or other services to more appropriate buildings, or the use of an assistant to perform certain tasks.
Eastern offers a comprehensive program of services for students with various degrees of disabilities.
The Americans with Disabilities Act is a federal law intended to stop discrimination against people with disabilities. It applies to employers, state and local government agencies, places of public accommodation, transportation facilities, telephone companies, and the U.S. Congress. Under Title II of the ADA, public colleges and universities are required to provide reasonable accommodation in the form of auxiliary aids and services to qualified students with disabilities. Providing auxiliary aids and services is not considered special treatment, but rather an equal opportunity to participate in the services, programs, or activities offered by the institution.
According to the Association on Higher Education and Disability (AHEAD) the following are some of the highlights from the Amendments:
“The ADA Amendments Act of 2008 was passed by Congress on September 17th, signed by the President on September 25, and became law on January 1st 2009. Their purpose is to clarify congressional intent concerning the Americans with Disabilities Act of 1990.
First, the Amendments reinstate the pre-Sutton principle that when considering if an individual is protected by the ADA you do not consider the ameliorative effects of mitigating measures. Mitigating measures include medication, prosthetics, assistive technology, accommodations and compensatory or adaptive strategies.
The Amendments expand Section 504’s original non-inclusive list of major life activities so that it clearly includes major bodily functions such as normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, immune system; and reproductive functions. Additionally the Amendments expand the more familiar list of activities (caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, communicating, and working) by adding concentrating and thinking.
The Amendments clarify that “if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity” they are protected by the ADA.
Similarly the Amendments state that the change to “on the basis of disability” does not create a basis for a reverse discrimination complaint that the ADA never intended. The principle that the provision of accommodations to individuals who have disabilities is not discriminatory remains intact.”
The entire AHEAD document is available at the following website. http://ahead.org/resources/government-relations.
Information concerning a student's disability should be disclosed only to those with a legitimate "need to know." Sharing of information with other faculty and staff needs to be balanced with the student's interest while maintaining the student’s privacy. The DSO will take steps to notify an instructor of a potential for danger when the office has evidence of ongoing (either episodic or continuous) loss of control, when such loss of control would, in the circumstances, reasonably appear to present an appreciable risk of harm. The student will also be advised of any need to notify others. Further disclosure should only be made with the express written permission of the student or in consultation with appropriate DSO staff. Please be discreet, and never discuss a student's disability or need for accommodations in front of other students.
The understanding and support that an informed faculty can give is critical to the whole process of inclusion of students with disabilities as full participants in their educational experience.
The Disability Services Office (DSO) has the responsibility for administering, reviewing, maintaining, and supervising a variety of support procedures and services for students in accordance with state and federal laws. When appropriate, the DSO provides note takers, tutors, study partners, readers, writers, audio textbooks, assistance in working with instructors, and private rooms for studying and testing. Faculty and DSO staff work cooperatively to decide when adjustments to academic requirements, testing formats and substitution of classes may be necessary. It must be noted that faculty are not informed about accommodations that do not impact the classroom, such as audio text and note takers.
Because appropriate documentation is usually provided by the student to staff within the Disability Services Office, faculty members are not responsible for making decisions about accommodations. Disability Services professionals recommend the accommodations which will be most effective in assuring the student's access to academic programs. If a student is subsequently diagnosed with another disability or a condition worsens, the student only needs to bring in further documentation to assist the DSO in assessing changes in accommodation for that student. If a student is diagnosed with a disability and is later diagnosed with another disability, that new diagnosis does not “subtract from” those accommodations already in place. Before providing particular accommodations for a specific course, the disability specialist carefully considers the nature of the student's disability and how this disability may affect the student's ability to learn and to demonstrate achievement.
A student may have multiple disabilities caused by conditions like diabetes, cerebral palsy, multiple sclerosis, or a head injury. Depending on the nature of the disability, the length of time post-injury, or intensity of the condition, the student may have more than one type of impairment which impacts his/her academic performance.
The student who has an invisible or hidden disability may have substantial difficulties in class and need accommodations. Disabilities such as hearing impairments, heart conditions, epilepsy, asthma, attention deficit disorder, cancer, or learning disabilities may not be obvious but impair the student’s ability to learn or perform in class. Because the student with an invisible disability does not look different or appear to have significant disabilities, other students and faculty may doubt their claims.
The student with an invisible disability may hesitate to identify himself/herself early in the term for fear of being challenged about his/her disability needs. The student may start to fall behind in assignments or panic just before a test and request accommodations. A referral to the DSO can verify documentation and advise you on the best accommodation if the student is qualified. The student could also be a candidate for Eastern’s Early Alert System .
In order to meet eligibility requirements for support services, the student first meets with the Disability Services Coordinator. The student will have to submit documentation of the disability provided by his/her medical or mental health professionals. This documentation is required to include the actual diagnosis and any medication currently used. Documentation should be current within three years, but exceptions may be allowed depending on individual circumstances and disability (refer to the AHEAD amendments document.) A student who has a temporary disability needs to re-document the disability each term before services can continue.
For a learning disability, documentation must include the actual diagnosis and test scores used to determine the learning disability.
If documentation does not meet the standards for “acceptable documentation” to support eligibility for services, provisional academic accommodations may be made. Upon receipt of complete documentation to the DSO, eligibility for continued services will be determined.
Rights for persons with disabilities have been portrayed both positively and negatively in the media. This may result in incorrect or unclear interpretations of what the rights and responsibilities are when dealing with students with disabilities in the classroom.
The ADA is a civil rights statute, ensuring that students with disabilities will have the opportunity to participate in postsecondary education without discrimination. For faculty members, providing approved accommodations is one way to prevent discrimination.
Students with disabilities may expect their college/university and individuals associated with it to comply as follows:
By law, there shall be no harassment or retaliation of anyone who has filed a grievance concerning a student rights violation.
The Americans with Disabilities Act (ADA) of 1990 is a law which requires responsibility from all parties. The Act not only requires compliance from entities regarding access and accommodation, it requires that you (as the faculty) and the student have a responsibility in the fulfillment of accommodations.
In higher education, the Americans with Disabilities Act requires that the student self-identify to the DSO if the student requires academic accommodations or assistance in any class. According to the ADA, in order to meet eligibility requirements for support services, the student must let the DSO know that he/she needs an accommodation. Eastern Oregon University has identified the Disability Services Office as the entity to document the student’s disability and to keep the confidential files as required by law. Instructors are urged to use the DSO as a resource for the types of accommodations needed by the student, specific for his/her disability. The student will need to inform instructors in classes in which the student is receiving accommodations that affect the classroom. (This does not mean they have to tell you what their disability is, but they must identify themselves and have presented the DSO with substantiated documentation).
Another requirement is that the student needs to give timely notice to each instructor in whose class the accommodation will affect the classroom. This means that the student must identify his or her needs for accommodations to the instructor early in the term to allow the instructor the needed time to adjust, accommodate, or consult prior to the class or test. Failure to give timely notice can mean, for example, that the student may not be able to be accommodated for that specific test.
Once the student’s academic accommodation has been determined, the DSO will provide the instructor with an email stating any testing or assignment time accommodations. This letter provides official verification of disability and informs the instructor of testing requirements and classroom accommodations for which the student qualifies.
Any student with a disability, given the appropriate accommodations, is expected to conform to the same standards of behavior and performance in the classroom as all other students.
Eastern Oregon University is committed to providing equal opportunity to higher education for academically qualified students without regard to a disability.
The Faculty of EOU is committed to the retention of students while promoting academic success. Students are recruited to the university with the understanding that the Faculty is responsive to their needs and will provide reasonable accommodations. Providing reasonable accommodations is a cooperative effort between EOU Faculty and Disability Services Office (DSO).
Accommodations are alterations or services which allow the student to compete on an equal basis with peers in class. Accommodations are not intended to require you to compromise academic standards when evaluating academic performance. Accommodations, as an example, allow the student to be tested on what he/she knows about the subject matter, not how well he/she writes if writing is physically difficult. Accommodations can allow you to reexamine the essential components of your course, especially those items which you want all students to master.
Accommodations commonly occur in these areas:
The DSO works with advisors of students who have disabilities so that students may adjust class schedules to account for:
Auxiliary aids may include the use of human resources as well as adaptive technologies. Examples include having an interpreter present in the classroom to sign verbal communication, a student using an FM hearing system, or a student using an electronic recorder to capture the content of the lecture.
The goal for testing accommodations is to allow students to be tested on what they know and to avoid having the disability interfere with the ability to perform on the test. This may mean students who cannot write due to an impairment use a computer, or that students who have reading difficulties or cannot see use a reader for parts of a test.
Campus compliance with the ADA is a shared responsibility, and faculty members play an important role in an institution's efforts. The ADA is a civil rights statute, ensuring that students with disabilities will have the opportunity to participate in postsecondary education without discrimination. For faculty members, providing reasonable accommodations or auxiliary aids and services is one way to prevent discrimination.
Academic accommodations are adaptations of materials, methods, or environments to facilitate learning. Accommodations may also ensure that when students are evaluated, they are able to demonstrate what they have learned rather than the effects of their disability. The DSO staff may consult with a faculty member about the best way to meet a student’s academic accommodations in a particular course; however, it is not the faculty member’s role or responsibility to determine whether or not a student is eligible to receive accommodations.
Providing equal access to disabled students is a collaborative effort in which the faculty member has the following responsibilities:
The goal of an accommodation is to provide the opportunity to compete fairly in the classroom. Students with a disability are to be graded according to the same standards as other students.
The following are specific ways to accommodate students with disabilities in the classroom.
Because the DSO needs time to prepare alternate format texts it is recommended that professors and instructors have textbooks chosen six weeks prior to each term.
When selecting a new textbook, please ask the distributor if the textbook is available in E-text. E-text allows the DSO to readily adapt the text into an audio format. Also, ask the distributor for a desk copy for the Learning Center/Disability Services Office, as these texts are used by tutors and study partners who may assist all students.
The DSO provides books in alternative format according to the syllabus’ specifications. The DSO only provides reformatted materials for books/materials that are required for the class. In order to facilitate this process, the DSO needs copies of your class syllabi prior to the start of class to help students plan ahead for reading needs.
The DSO requires at least two weeks to get materials in, recorded/scanned, and back to the student. If students cannot get their texts at least 2 weeks prior to the start of the term, they are put at a disadvantage. We will be contacting you by email 3-4 weeks prior to the beginning of class if we need to make audio files for your text.
Our request for your syllabus gives us access to:
Before the beginning of the term, if requested, please provide a copy of your syllabus to the DSO via hard copy or e-mail.
Note-takers are hired and paid by the DSO. You may be contacted to recommend someone to take notes.
These recommendations will assist all students in lecture classes
Faculty will receive an email about students who are eligible for testing accommodations, that are administered in the Testing Center located on the second floor of Loso, Room 236. In addition to the email your student should contact you to discuss his/her specific testing accommodations.
Please deliver the test and testing cover sheet (available online or from the student) to the Testing Center the day before each exam, or email the exam and cover sheet to testing@eou.edu. There will be a locked drop box available for hard-copy exams delivered to the Testing Center after office hours.
It is the student’s responsibility to sign up with the DSO at least 3 days before each exam. The DSO schedules exams from 8:00 a.m. to 3:30 p.m. If the student does not schedule in advance or there are space/time restraints in the DSO testing center, the DSO may not be able to provide him/her with accommodations at the time of your exam.
You or your student can contact the DSO with any questions at (541) 962-3235.
If the student arrives late, the time allotted for him/her to take the exam may not be extended or may be rescheduled with your approval. You will also be asked for approval to schedule exams at times other than your class time if the extended testing time allotment conflicts with another of the student’s classes.
If the student cannot take your exam at the scheduled time (i.e., illness), the student should contact you and request permission to take the exam at another time and should also contact the DSO to cancel his/her reservation. The student is responsible for rescheduling his/her exam. It is essential that all parties involved in the testing system adhere to these procedures in order for the DSO to provide the services and accommodations our students require.
Because attendance may be integral to the pedagogic process, faculty at the college, departmental, or individual level establish the attendance policy. DSO does not have a role in setting course attendance policies but always has a role in addressing accommodation requests that may require deviation from policies including attendance policies. (See "Reasonable/Unreasonable Accommodations")
In some cases, attendance is fundamental to course objectives; for example, students may be required to interact with others in the class, to demonstrate the ability to think and argue critically, or to participate in group projects. In other instances, students can master course content despite some or many absences.
Similarly, the faculty determines policies regarding make-up work and missed quizzes and exams.
The faculty is not required to lower or substantially modify essential course elements in order to provide an accommodation. The DSO can provide faculty with information regarding the legitimacy of the absences, which is based on medical and/or psychological documentation.
Faculty should make their policies clear so students can make informed choices about which courses to take. Faculty may choose to announce attendance/makeup policies on the first day of class, and to reinforce this information by including it on the course syllabus.
If faculty intends to disallow or restrict absences, they may choose to use wording similar to this:
"Your presence is fundamental to meeting the objectives of this course. Consequently, there will be (0, 1, 2) excused absences, and (0, 1, 2) makeup quizzes/exams."
When a student has illnesses or injuries of a temporary nature or a chronic condition with random or cyclical acute episodes modifications to attendance policies may be appropriate.
Attendance accommodations should be established in advance, not retroactively. Syllabi with detailed attendance, lateness or participation policies should be a cue to the student to discuss this topic with the instructor.
Policies identifying the number of allowable absences before they impact grades may be designed to motivate attendance; reflect the interactive or participatory nature of a course or be based on department, college or accrediting agency rules. As with any other policy, possible modification (rarely elimination) as a form of accommodation must be considered. Factors to consider would include their function in relation to the purposes of the course.
These policies all relate to attendance and should be included when you discuss attendance. Modifications of these policies as a form of accommodation may be appropriate depending on the nature of the assignment and its relationship to the pacing and progression of instruction.
When departments or instructors require a written medical excuse to justify an absence, and the student is under a self-care regimen, the DSO can establish the number of excused absences that can be documented directly by the student's representation (based on expected frequency of episodes). All requests for excused need to be addressed to the DSO and are considered a part of the student’s confidential files kept by the DSO.
Reasonable accommodations are reasonable modifications of the learning environment that eliminate, as much as possible, physical or instructional barriers to learning encountered by the student with a disability. Accommodations are individualized and dependent on the nature of the specific disability or disabilities. A student's physical accessibility to the classroom as well as the student's ability to fully participate in all course activities are both considered in providing reasonable accommodation.
An accommodation is unreasonable if accommodations alter requirements that are essential to the program of instruction or to meet licensing prerequisites, cause fundamental alteration in the nature of the program, impose undue financial or administrative burden, or pose an appreciable threat to personal or public safety. If you believe the requested accommodation is unreasonable, discuss these factors with your department supervisor and the DSO Coordinator.
The determination that an accommodation is unreasonable is an institutional decision that must meet legal and educational requirements. Though the academic judgments involved in such decisions are typically the prerogative of the academic unit involved, those judgments must be made within legal parameters. Therefore, such determinations require collaboration between administration and academic units.
No student has the right to intimidate or harass a professor into changing a grade. As a professor you have a right to protect the integrity of your course. As a professor you have the right not to change grades if the student’s performance was not up to class standards when given the appropriate accommodations.
Faculty members should not unilaterally render and attempt to implement a judgment that an accommodation is unreasonable.
A faculty member who asserts that recommended accommodations can be shown to compromise fundamental course or program learning outcomes has the right to appeal the provision of those accommodations; however, recommended accommodations should be provided to the students until the appeal is resolved. The first step in the appeal process requires the faculty member to contact the Disability Services Coordinator and arrange a meeting to discuss the accommodations under question with the goal of reaching an agreement about what accommodations will be provided. This request must be made within two days of the faculty member receiving the accommodations notification.
If an agreement is not reached at this first meeting, the faculty member may initiate a formal appeal by submitting a written statement to the Dean of his or her college clearly documenting the fundamental academic goals of the course and explaining how the recommended accommodations prevent the students from attaining those goals.
Simultaneously, the Disability Services Coordinator will contact the Vice President for Student Affairs and request that the VPSA and the Dean of the College meet and reach a decision regarding the accommodation on behalf of the institution. A resolution regarding the accommodation must be arrived at within one week of the faculty member's appeal and communicated in writing to the Disability Services Coordinator and the faculty member.
Providing appropriate and reasonable accommodations to students who qualify for under the current Americans with Disabilities Act and its amendments is a responsibility that the University takes seriously. The entire appeal process, from the accommodations notification to the resolution must be conducted in timely fashion, and take no longer than ten working days to complete.