This document provides information about laws protecting students with disabilities, defining disabilities, and outlining reasonable accommodations. It discusses the responsibilities of students and faculty regarding accommodations. Common accommodations include note-taking services, testing accommodations, and use of assistive technology. The document also covers service animals, emotional support animals, and personal mobility devices.

1. Accommodating Students with Disabilities &
Ensuring ADA Compliance

2. What is Covered?
The following topics will be covered in this module:
• Laws that Protect Students with Disabilities
• ADA Definition of an Individual with a Disability
• Reasonable Accommodations
• Responsibilities and Rights of Students
• Responsibilities and Rights of Faculty
• Service Animals, Emotional Support Animals, and Personal
Mobility Devices

3. Higher Education Legislation Regarding
Students with Disabilities
• Section 504 of the Rehabilitation Act, 1973
The federal Rehabilitation Act is a Civil Rights statute designed
to prevent discrimination against individuals with disabilities.
• Americans with Disabilities Act (ADA), 1990
The ADA expanded opportunities for people with disabilities. It
also placed disability under Civil Rights protections.
• Americans with Disabilities Amendments Act (ADAA), 2008
The ADAA covers rights associated with ticket purchases,
service animals, personal mobility devices, among other
disability-related regulations.

4. Who is an “Individual With a Disability?”
An individual who:
• Has a physical or mental impairment which substantially limits a
major life activity;
• Has a record or history of such impairment or
• Is regarded as having such impairment
Source: Americans with Disabilities Act of 1990 (ADA)
Note: Disclosure of a disability is voluntary under federal law. This includes a
student’s decision to register with DACC’s Student Accessibility & Resource
Center (SARC Office).

5. Categories of Student Disabilities
• Cognitive Disorders
• Dexterity Limitations
• Hearing Impairments
• Learning Disabilities
• Mobility Impairments
• Physical Disabilities
• Psychological Disorders
• Speech Impairments
• Temporary Disabilities
• Visual Impairments

6. Barriers Faced by Students with Disabilities
• Difficulty reading textbooks or handouts.
• Keeping up with reading assignments.
• Problems with writing lecture notes or homework.
• Difficulty hearing videos, lectures, and discussions.
• Problems seeing notes on the board or PowerPoint slides.
• Difficulty entering buildings or classrooms.
• Overcoming obstacles in their path such as hills, stairs or long
distances between classrooms.

7. Definition of Accessibility
Accessibility is used to describe the degree to which a product,
service, or environment is available to everyone, irrespective of
limitations, as a guiding principal of Universal Design.
It is often used in reference to people with disabilities and their
rights to unobstructed parking, and easy access to pathways,
buildings, classrooms, restrooms and internet-based content.
Sources: Uniform Federal Accessibility Standards (UFAS) 1968; and the
U.S. Instructional Materials Accessibility Act of 2002.

8. Classroom and Campus Accessibility
• If a student is unable to physically access a classroom,
they should contact the SARC Office to remedy the
situation. On rare occasions, an accommodation such as
re-locating the classroom or switching course sections
may be necessary.
• Students that are registered with the SARC office, and/or
require some form of accommodation, are entitled to
priority course registration.

9. Temporary Disability
• Temporary disabilities can result from any cause, including injury,
traumatic experiences, and surgeries. Students with such
disabilities are eligible for classroom accommodations and should
be encouraged to register with the SARC Office.
• Depending on the student’s class schedule, the severity of the
disability, and the accessibility of their classrooms, adjustments to
the class or to the student’s schedule might be needed.
• In all cases of temporary disability, the student should
communicate with the professor.

10. What are Reasonable Accommodations?
• Reasonable accommodations are defined as physical or assistive
modifications to a course, program, service, activity or facility that
enables a student with a disability to have the same academic
opportunities as all other students.
• The ADA indicates the student must request their classroom
accommodations. This action cannot be required by others.
• Students that receive accommodations are still expected to
complete all academic requirements of the course.

11. Classroom Accommodations
• Accommodations are provided only to students with documented
disabilities that are registered with the Student Accessibility &
Resource Center (SARC).
• Accommodations are provided to allow equal access and
opportunities for students with disabilities.
• Each student’s personal circumstances are unique, which means
each student will have a different set of accommodations.
• If accommodations are provided, students must still complete all
course requirements.

12. Accommodation Letter
• An accommodation letter is prepared every semester for each
course for which the student has requested an accommodation.
• The student is required to supply the letter to his/her professor,
before accommodations can be provided.
• Letters of Accommodation are covered by FERPA and are only
shared on a need-to-know basis.
• The student and faculty member should discuss how the
accommodations are to be implemented.
• Faculty are encouraged to discuss questions or concerns with
the SARC Director.

13. Common Classroom Accommodations
• Note taking services
• Sign language interpreting services
• Alternative format of reading materials
• Testing accommodations
• Absence consideration
• Extended time on coursework
• Use of adaptive furniture and technology
• Service animals

14. Requesting Note Takers for a Student
When a note taker is needed for a student, faculty are asked to:
•Request a volunteer from other students in the classroom,
without identifying the student with a disability.
•Refer the student volunteer to the SARC Office.

15. Student Access to Lectures and
Classroom Discussions
Every student is entitled to have access to all spoken
information in the classroom, in small group discussions, and in
auditorium settings. In some situations, a student may need to:
•Sit closer to the speaker, such as in the front row.
•Use a sign language interpreter, or
•Use an assistive listening device that consists of a transmitter
with microphone, worn by a speaker. A receiver with an ear
piece is then used by the student to amplify the speakers’
voices.
•Faculty are asked to ensure such requests are supported.

16. Testing Accommodation Options
Faculty have two options when administering an exam to a
student with testing accommodations. They can:
1.Provide the physical accommodations for the student onsite.
Therefore, the professor is responsible for providing all
accommodations needed, as well as making arrangements with
the student.
2.Use the proctoring services available in the Academic Support
Testing Center or at the SARC Office. This is often done when
a quiet environment, extended time, available space, or when
adaptive technology is needed for the student’s authorized
accommodations.

17. Testing and Proctoring Services
• To use the proctoring services, the professor is responsible
for contacting the Testing Center at least 48 working hours in
advance to schedule an exam.
• Faculty will need to forward the exam and the completed Test
Administration Form to the SARC Office or Testing Center 24
hours in advance.
• Faculty can send the exam via email or request the exam be
hand carried, by contacting the SARC or Testing Center
Office at least 24 hours before the test is to be administered.

18. Campus and Community Referral Resources
To prevent duplication of services, and in support of their individual
needs, students will be referred to other disability-related services
on and off campus, when appropriate. Referrals to such ancillary
services that are not provided by the SARC Office may include:
• Mental health counseling
• Disability-related diagnostic testing
• Provision of personal attendants

19. Student Responsibilities
The student must:
•Self-disclose a disability by registering with the SARC Office. If the
student decides not to disclose, then services can not be provided
by the SARC Office.
•Provide disability documentation from an appropriate licensed
professional, which includes the diagnosis and prognosis.
•Follow proper procedures for requesting accommodations.
•Ensure that faculty receive the letters of accommodation.
•Meet all requirements and essential elements of the course.
•Adhere to the DACC student code of conduct.

20. Rights of Students with Disabilities
• Expect all disability-related information to be treated as
confidential under FERPA and HIPAA guidelines.
• Receive appropriate accommodations in the classroom, during
exams, and in other areas of campus as needed.
• Have the right to appeal decisions regarding ADA
accommodations, and the use of auxiliary aids and assistive
technology.

21. Responsibilities of Faculty
• Provide accommodations authorized by the SARC Office to the
student in the classroom and during exams and quizzes.
• Follow FERPA guidelines for treating information regarding a
student’s accommodations and disability as confidential.
• If using proctoring services in the Testing Center, provide a copy
of the exam/quiz with completed proctoring sheet.
• Support the use of auxiliary aides and adaptive technology when
needed by the student.
• Include a statement in the syllabus that encourages students with
disabilities to request accommodations from the SARC Office.
• Discuss with the SARC Director concerns regarding
accommodations related to the curriculum and/or course,
program or activity.

22. Rights of Faculty
• Expect the student to initiate a request for accommodations in
the classroom.
• Recognize that a student with a letter of accommodation is
registered with the SARC Office, and is eligible for
accommodations.
• Establish and identify essential course functions, abilities, skills
and knowledge required of all students.
• Discuss with the SARC Director concerns about the classroom
accommodations requested by the student.

23. Basics about Service Animals (1 of 2)
• Service animals are allowed to go almost everywhere with their handler, a person
with a disability.
• The service animal is trained to perform tasks which assist the person in a manner
related to the symptoms or effects of the disability.
• Recent changes in state and federal law now recognize that primarily dogs, and
sometimes miniature horses are the only types of service animals.
• By law, persons with disabilities who use a service animal do not need to register
with SARC, nor produce proof the animal is trained, nor have their animal wear a
vest, although a vest or other ID for the public is encouraged, in order to reduce
undue attention on the animal.
• In the event it is not evident that an animal is a service animal, the law permits only
two questions to be asked: 1. “Is this a service animal required for a disability?; and
2. “What tasks is the animal trained to perform?”

24. Basics about Service Animals (2 of 2)
• Service animals must behave professionally; they may be asked to leave for
misbehavior or accommodations may need to be made if a particular course (e.g. a
lab) will present safety issues for either person or the animal.
• Service animals in the process of being trained are entitle to equal public access
as a trained service animal.
• It violates state law, and constitutes a crime to misrepresent an animal as a service
animal, when it is not.
• It violates state law, and constitutes a crime to interfere with either a service animal
or its handler.
• The current NMSU Policy can be found at
Policy 3.06 Assistive, Service and Companion Animals on Campus
Policy Overview 3.06.

25. Emotional Support Animals
• Federal law recognizes that an emotional support animal (ESA) may be a reasonable
accommodation for a person with a disability. Specifically, the Fair Housing Act requires
University Housing to consider accommodation requests for ESA’s. This does not mean that
it would be reasonable for an ESA to accompany its owner to class. Whether an ESA will be
allowed at other locations on campus is an issue to be determined by the SARC Office,
coordinating with NMSU SAS and OIE.
• Unlike service animals, ESA’s need not be a dog; ESA’s are not required to be specially
trained; and ESA’s are not entitled to public access as are service animals, absent explicit
authorization by SARC.
• You may ask if the animal is needed for a disability, and what tasks the animals performs. If
the answer is that it is not a service animal, but is an ESA, then you may ask to see a copy of
the Accommodation Agreement that addresses this.
• The current NMSU Policy can be found at
Policy 3.06 Assistive, Service and Companion Animals on Campus

26. Campus Transit
Personal Mobility Devices
Personal mobility devices used by people with disabilities can
include any of the following vehicles: Manual and power-
driven wheelchairs, mopeds, golf carts, and Segway's.
Note: Owner/operators of such devices cannot be asked about the
nature and extent of their disability.

27. Common Courtesy
When in a classroom or group setting, please:
• Do not single out or bring attention to a person with a
disability.
• Speak directly to the individual and not to their aide if
they are using an ASL Interpreter or personal attendant.
• Place yourself at eye level with a person using a
wheelchair.
• Do not lean on a person’s wheelchair.
• Do not distract a service animal from doing its job. Do not
feed, pet, or play with a service animal.

28. Interacting with People with Disabilities
People First Language
People First Language recognizes that individuals with disabilities
are first and foremost, people. It emphasizes each person’s value,
individuality, dignity, and capabilities. The following examples
provide guidance on what terms to use and which ones are
inappropriate when talking or writing about people with disabilities.
People First Labels that Stereotype
•People with disabilities. ● The handicapped/disabled
•A person who is deaf. ● The deaf.
•A person who uses a wheelchair. ● A person who is wheelchair bound.

29. Additional Points
• All students receiving disability-related accommodations must be
registered with the DACC SARC Office.
• Assistive furniture – such as adjustable tables used by students
in power wheelchairs – are provided for student use only. Such
furniture is placed in specific classrooms and should not be
removed.
• All classroom and online video content must be captioned.
Sources: ADA of 1990; and the Federal Telecommunications Act of 1996.

30. SARC Director
Dr. Michael R. Banegas
DACC Student Accessibility & Resource Center (SARC)
Telephone: (575) 527-7648
Fax: (575) 527-7647
mbanegas@dacc.nmsu.edu

31. Summary and Closure
Questions?