1. Talk at Baker College
April 29, 2014
Stuart S Segal, Ph.D.
Director of the Office of Services for Student with Disabilities-
University of Michigan
sssegal@umich.edu

2.  The core definition of “disability”:
“The term 'disability' means… a physical or mental impairment
that substantially limits one or more major life activities of such
individual.”
 “By retaining the essential elements of the definition of disability
including the key term ‘substantially limits’ we reaffirm that not
every individual with a physical or mental impairment is covered
by the … definition of disability in the ADA.
 An impairment that does not substantially limit a major life
activity is not a disability…. That has not change after enactment
of the ADA Amendments Act, nor will the necessity of making this
determination on an individual basis.”
(“Statement of the Managers to Accompany S. 3406,” Cong. Rec.
S8345 (9/11/08)).

3.  “Merely having an impairment does not make one
disabled for the purposes of the ADA. Claimants
also need to demonstrate that the impairment
limits a major life activity[,]” and the limitation
must be “substantial.” Toyota Motor Mfg. Ky., Inc.
v. Williams, 534 U.S. 184, 195 (2002).

4.  “Merely having an impairment does not make one
disabled for the purposes of the ADA. Claimants
also need to demonstrate that the impairment
limits a major life activity[,]” and the limitation
must be “substantial.” Toyota Motor Mfg. Ky., Inc.
v. Williams, 534 U.S. 184, 195 (2002).

5.  The ADA’s “fundamental alteration” and “undue
burden” concepts have not changed (although
language was added re-affirming the fundamental
alteration concept, generally and with specific
regard to “academic requirements in postsecondary
education”)

6.  The institution is still legally entitled to it, but that
alone is not much of a reason
 How do we make an appropriate decision regarding
requested accommodations?
 If we start saying yes to everything when or how
can we say no- You can’t!, except in the three cases
when accommodations/academic adjustments do
not need to be applied-

7.  Protects the Institution:
 Resources
 Integrity
 Legal Protection
Protects the Student:
- In case of legal challenge: denial of accommodations
from faculty
- Focus of documentation: impairment!!!
- What do we do in cases where students are unable to
adequately articulate their accommodations?

8.  Documentation must be current
 Name, titles & professional credentials at the evaluation
 Report must be on letterhead, typed, date & have original
signatures of the evaluation
 A list of all the tests given & all of the standard percentile
scores based on age or grade norms
 There must be a clear diagnosis “suggest”, “seems to be
similar” “is indicative”, Needs to ruled out are NOT
diagnosis.
 The report must describe the impact of the disability and on
specific major life activities and provide a rational on how
specific accommodation will allow equal access to the
curriculum

9.  Documentation must be current
 Name, titles & professional credentials at the evaluation
 Report must be on letterhead, typed, date & have original
signatures of the evaluation
 A list of all the tests given & all of the standard percentile
scores based on age or grade norms
 There must be a clear diagnosis “suggest”, “seems to be
similar” “is indicative”, Needs to ruled out are NOT
diagnosis.
 The report must describe the impact of the disability and on
specific major life activities and provide a rational on how
specific accommodation will allow equal access to the
curriculum

10.  Average test scores (no scores representing a significant
limitation)
 Unsigned reports
 Report not written on evaluator’s letterhead
 No functional limitations given (for instance, how the
diagnosis affects the individual related to the
accommodation request)
 Diagnosis based upon subtest score with no additional
support
 In the case of a head injury no assessment conducted
after trauma or the recovery period

11.  Unsigned reports
 Report not written on evaluator’s letterhead
 No functional limitations given (for instance, how
the diagnosis affects the individual related to the
accommodation request)
 Diagnosis based upon subtest score with no
additional support
 In the case of a head injury no assessment
conducted after trauma or the recovery period

12.  If it would fundamentally alter the nature of the
program
 When the academic requirements are essential to a
program of study or to meet licensing requirements
 If it would be an undue burden such AS a significant
difficulty or expense

13. ?????????