Accommodating Students with Disabilities and Ensuring Compliance

1. Accommodating Students with Disabilities
and Ensuring ADA Compliance
NMSU Alamogordo
2400 N. Scenic Drive
Alamogordo, NM 88310
Accommodating Students with
Disabilities and Ensuring
ADA Compliance
NMSU - Alamagordo
2400 N. Scenic Drive
Alamogordo, NM 88310

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
• Rights/Responsibilities of Students
• Rights/Responsibilities of Faculty.
• Service 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 the Accessibility Services
Coordinator in Counseling Services.

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 attend a class due to their inability to
physically access a classroom they should contact the
Accessibility Services Coordinator for alternatives. This may
include, but is not limited to enrolling in another section of the
course, or moving the class to an accessible location.
• Students that require an accessible classroom should seek priority
registration if it is available as soon as the registration process
begins for the following semester.

9. Temporary Disability
 Temporary disabilities can result from any cause, including injury,
traumatic experiences, and pregnancy. Students with such
disabilities are eligible for classroom accommodations and should
be encouraged to register with the Accessibility Services
Coordinator.
 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 remain in
close contact with their professors.

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 Accessibility Services
Coordinator.
 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 Accessibility Services Coordinator.

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 Accessibility Services
Coordinator in Counseling Services.

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:
• 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.
• Use the proctoring services available in the Academic Support
Center (ASC) Testing Center. 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 24 working hours in
advance to schedule an exam.
 Faculty will need to forward the exam and the completed Test
Administration Form to the Testing Center 24 hours in
advance.
 Faculty can send the exam via email to
testingnmsua@nmsu.edu or request the exam be hand
carried, by contacting the Testing Center 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
Accessibility Services Coordinator 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 Accessibility
Services Coordinator.
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 NMSU-A 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 Accessibility
Services Coordinator (ASC) 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 ASC.
 Discuss with the ASC 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 ASC, and is eligible for accommodations.
 Establish and identify essential course functions, abilities, skills
and knowledge required of all students.
 Discuss with the ASC concerns about the classroom
accommodations requested by the student.

23. 23
Revised Regulations on
Service Animals
 Service or assistance animals, are any dog that is
individually trained to perform tasks for the benefit of an
individual with a disability, including those that are physical,
sensory, psychiatric, or intellectually-related.
 Applies to students, faculty, staff, and the general public.
 For a dog to be considered a service animal they must
receive extensive training. Plus,
 There are no size or weight restrictions.
 There are no restrictions based on breed.
Sources: ADA, Americans with Disabilities Amendment Act of 2008 (ADAA)

24. Service Animal Verification
Based on federal regulations, only two questions can be asked to
determine if a dog is a service animal. They are:
Is this a service animal required for a disability?
What tasks is the animal trained to perform?
In addition:
The owner cannot be asked about their disability.
Evidence of a vest or disability documentation is not required.
Service animals are granted access to all areas of campus.
24

25. Emotional Support, Comfort, and
Therapy Animals
25
I
If an animal’s only function is to provide emotional
support then:
They have not received specialized training.
They are not defined by federal law.
They are not recognized by New Mexico law.
There is no requirement to accommodate them in
campus housing, or elsewhere on campus.
A dog whose sole function is to provide comfort or
emotional support does not qualify as a service
animal under the ADA.

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 Segways.
Use of such devices on campus can require verification of a state-
issued disability parking placard. Golf cart, moped, and Segway
owner/operators will also need to have a state-issued driver’s
license to drive on campus. A course on defensive driving is also
recommended. This guideline applies to students, faculty, staff, and
the general public.
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:
• Don’t 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.
• Don’t lean on a person’s wheelchair. It is not furniture.
• Don’t distract a service animal from doing their job.
Requests to feed, pet, or play with the animal must be
directed to the owner.

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 Accessibility Services Coordinator.
 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. Presenter
Presented by:
Bill Dethlefs, Ph.D., Director
The Center for Accommodations and Support Services
The University of Texas at El Paso (UTEP)
106 UTEP Union East
El Paso, TX 79968-0609
(915)747-6197 or bdethlefs@utep.edu

31. Summary and Closure
Questions?