Policies, Procedures, Forms

1. The credentials of the evaluator(s): The best quality documentation is provided by a licensed or otherwise properly credentialed professional who has undergone appropriate and comprehensive training, has relevant experience and has no personal relationship with the individual being evaluated. A good match between the credentials of the individual making the diagnosis and the condition being reported is expected (e.g., an orthopedic limitation might be documented by a physician, but not a licensed psychologist).
2. A diagnostic statement identifying the disability: Quality documentation includes a clear diagnostic statement that describes how the condition was diagnosed, provides information on the functional impact, and details the typical progression or prognosis of the condition. While diagnostic codes from the Diagnostic Statistical Manual of the American Psychiatric Association (DSM) or the International Classification of Functioning, Disability, and Health (ICF) of the World Health Organization are helpful in providing this information, a full clinical description will also convey the necessary information.
3. A description of the diagnostic methodology used: Quality documentation includes a description of the diagnostic criteria, evaluation methods, procedures, tests and dates of administration, as well as a clinical narrative, observation, and specific results. Where appropriate to the nature of the disability, having both summary data and specific test scores (with the norming population identified) within the report is recommended. Diagnostic methods that are congruent with the particular disability and current professional practices in the field are recommended. Methods may include formal instruments, medical examinations, structured interview protocols, performance observations, and unstructured interviews. If results from informal, non-standardized or less common methods of evaluation are reported, an explanation of their role and significance in the diagnostic process will strengthen their value in providing useful information.
4. A description of the current functional limitations: Information on how the disabling condition(s) currently impacts the individual provides useful information for both establishing a disability and identifying possible accommodations. A combination of the results of formal evaluation procedures, clinical narrative, and the individual’s self-report is the most comprehensive approach to fully documenting impact. The best quality documentation is thorough enough to demonstrate whether and how a major life activity is substantially limited by providing a clear sense of the severity, frequency, and pervasiveness of the condition(s).While relatively recent documentation is recommended in most circumstances, common sense and discretion in accepting older documentation of conditions that are permanent or non-varying are recommended. Likewise, changing conditions and/or changes in how the condition impacts the individual brought on by growth and development may warrant more frequent updates in order to provide an accurate picture. It is important to remember that documentation is not time-bound; the need for recent documentation depends on the facts and circumstances of the individual’s condition.
5. A description of the expected progression or stability of the disability: It is helpful when documentation provides information on expected changes in the functional impact of the disability over time and context. Information on the cyclical or episodic nature of the disability and known or suspected environmental triggers to episodes provides opportunities to anticipate and plan for varying functional impacts. If the condition is not stable, information on interventions (including the individual’s own strategies) for exacerbation and recommended timelines for re-evaluation are most helpful.
6. A description of current and past accommodations, services and/or medications: The most comprehensive documentation will include a description of both current and past medications, auxiliary aids, assisting devices, support services, and accommodations, including their effectiveness in ameliorating functional impacts of the disability. A discussion of any significant side effects from current medications or services that may impact physical, perceptual, behavioral or cognitive performance is helpful when included in the report. While accommodations provided in another setting are not binding on the current institution, they may provide insight in making current decisions.
7. Recommendations for accommodations, adaptive devices, assisting services, compensatory strategies, and/or collateral support services: Recommendations from professionals with a history of working with the individual provide valuable information for review and the planning process. It is most helpful when recommended accommodations and strategies are logically related to functional limitations; if connections are not obvious, a clear explanation of their relationship can be useful in decision-making. While the post-secondary institution has no obligation to provide or adopt recommendations made by outside entities, those that are congruent with the programs, services, and benefits offered by the college or program may be appropriate. When recommendations go beyond equitable and inclusive services and benefits, they may still be useful in suggesting alternative accommodations and/or services. If the student will need accommodations for an exam administered by Educational Testing Service (ETS), such as the Praxis exams or GRE, the student will need to submit documentation to ETS Disability Services.  Please note that approval for accommodations for Allegheny classes does not guarantee accommodations for an ETS exam.  ETS Disability Services, not Student Accessibility and Support Services, determines accommodations for ETS exams.

The primary mission of the Office of Student Accessibility and Support Services (SASS) is to determine if a student’s request for accessibility-related accommodations is appropriate. An important piece in making this determination is documentation that the student provides to SASS. Accessibility documentation for the purpose of providing accommodations must both establish an accessibility issue and provide adequate information on the functional impact of the accessibility issue so that effective accommodations can be identified. The documentation needs to provide SASS with a basic understanding of the student’s accessibility needs and enough information to anticipate how the current impact is expected to interact with Allegheny’s requirements.

Students who wish to be considered for reasonable accommodations must submit current documentation (ie., medical/educational/diagnostic reports) from licensed physicians, psychologists, or other qualified professionals as well as supporting historical records and materials.  School plans such as IEPs or 504 Plans are helpful, but do not substitute for complete and current documentation.

Documentation guidelines are provided in the interest of assuring that documentation is complete and supports requested accommodations, academic adjustments, and/or auxiliary aids as being necessary.  A diagnosis of a disorder/impairment alone does not qualify an individual for an accommodation under applicable federal laws.

For the purpose of receiving consideration for reasonable accommodations at Allegheny College, an individual must have an impairment that substantially limits one or more major life activities.

*SASS used information and guidelines from the Association on Higher Education and Disability (AHEAD) and the Educational Testing Service (ETS) in developing these guidelines.

Documentation that is submitted to SASS must:

• clearly state the diagnosed disability or disabilities
• describe the functional limitations resulting from the disability or disabilities
• be age-appropriate — describing how the disability or disabilities currently affect the student in an educational setting
• be comprehensive- including complete educational, developmental, and medical history relevant to the disability for which accommodations are being requested
• include a list of all test instruments used in the evaluation report and relevant subtest scores used to document the stated disability (this requirement does not apply to physical or sensory disabilities of a permanent or unchanging nature)
• describe the specific accommodations requested
• adequately support each of the requested accommodations
• be typed or printed on official letterhead and be signed by an evaluator qualified to make the diagnosis (include information about license or certification and area of specialization).

For Allegheny graduates who have provided documentation of disability to The Maytum Center for Student Success (previously the Maytum Learning Commons), this documentation will be kept on file for five years after the student graduates. Additionally, documentation supplied to Student Accessibility and Support Services (previously Disability Services) by students who have left the university prior to graduation will be kept on file in the Student Accessibility and Support Services office for five years. Former students wishing to request a copy of documentation should submit a written request to the Associate Dean for Academic Support & Director of Student Accessibility and Support Services.

This is a chart which explains the differences in the law from secondary to post-secondary education. It is vital that students understand that the onus of responsibility for advocating for their legal rights shifts to them at the university level.

Secondary vs. Postsecondary Education.  Whose responsibility is it?

Source: Brinckerhoff, L.B., Shaw, S.F., & McGuire, J.M.

What are the differences between secondary and postsecondary disability laws?

Source: Kay McVey, Faculty Development Specialist PROJECT CONNECT, Henderson State University

What is the Law?

Section 504 of the Rehabilitation Act of 1973 states that:

“No otherwise qualified person with a disability in the United States…shall, solely by reason of…disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

Who is Protected Under the Law?

A “person with a disability” includes “any person who (i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities; (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.”

A “qualified person with a disability” is defined as one who meets the requisite academic and technical standards required for admission or participation in the postsecondary institution’s programs and activities. Section 504 protects the civil rights of individuals who are qualified to participate and who have disabilities such as, but not limited to, the following:

• Blindness or visual impairments
• Cerebral palsy
• Chronic illnesses, such as:
• AIDS
• Arthritis
• Cancer
• Cardiac diseases
• Diabetes
• Multiple sclerosis
• Muscular dystrophy
• Psychiatric disabilities
• Deafness or hearing impairments
• Drug or alcohol addiction (Section 504 covers former users and those in recovery programs and not currently using drugs or alcohol.)
• Epilepsy or seizure disorders
• Mental retardation
• Orthopedic impairment
• Specific learning disabilities
• Speech disorder
• Spinal cord or traumatic brain injury

What is the Impact of the Law on Postsecondary Education?

Colleges and universities receiving federal financial assistance must not discriminate in the recruitment, admission, or treatment of students. Students with documented disabilities may request modifications, accommodations, or auxiliary aids which will enable them to participate in and benefit from all postsecondary educational programs and activities. Postsecondary institutions must make such changes to ensure that the academic program is accessible to the greatest extent possible by all students with disabilities.

Under the provisions of Section 504, universities and colleges may not:

• Limit the number of students with disabilities admitted;
• Make preadmission inquiries as to whether or not an applicant is disabled;
• Use admissions tests or criteria that inadequately measure the academic qualifications of disabled students because special provisions were not made for them;
• Exclude a qualified student with a disability from any course of study;
• Limit eligibility to a student with a disability for financial assistance or otherwise discriminate in administering scholarships, fellowships, internships, or assistantships on the basis of disability;
• Counsel a student with a disability toward a more restrictive career;
• Measure student achievement using modes that adversely discriminate against a student with a disability; or
• Establish rules and policies that may adversely affect students with disabilities.

What Can Colleges and Universities Do to Implement Program Modifications?

For college students with disabilities, academic adjustments may include adaptations in the way specific courses are conducted, the use of auxiliary equipment and support staff, and modifications in academic requirements. A college or university has the flexibility to select the specific aid or service it provides, as long as it is effective. Such aids or services should be selected in consultation with the student who will use them.

Postsecondary institutions can make modifications for students with disabilities such as:

• Removing architectural barriers;
• Providing services such as readers for blind or learning disabled individuals, qualified interpreters and notetakers for deaf and hard of hearing students, or note-takers for students with learning disabilities or mobility impairments. (College and universities may, but need not, provide aids, devices, or services of a personal nature, such as personal assistants, wheelchairs, or specifically certified tutors.);
• Provide modifications, substitutions, or waivers of courses, major fields of study, or degree requirements on a case-by-case basis. (Such accommodations need not be made if the institution demonstrates that the changes requested would substantially alter essential elements of the course or program.);
• Allowing extra time to complete exams;
• Permitting examinations to be individually proctored, read orally, dictated, or typed;
• Using alternative forms for students to demonstrate course mastery (e.g., a narrative tape instead of a written journal); and permitting the use of computer software programs or other assistive technological devices to assist in test-taking and study skills.

*This information is from a brochure published by the American Council on Education.

What is the law?

The Americans with Disabilities Act of 1990 (ADA) is the civil rights guarantee for persons with disabilities in the United States. It provides protection from discrimination for individuals on the basis of disability. The ADA extends civil rights protections for people with disabilities to employment in the public and private sectors, transportation, public accommodations, services provided by state and local government, and telecommunication relay services.

What is the ADA’s definition of a “person with a disability?”

A “person with a disability” is anyone with a physical or mental impairment that substantially limits one or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In addition to those people who have visible disabilities – persons who are blind, deaf, or use a wheelchair – the definition includes people with a whole range of invisible disabilities. These include psychological problems, learning disabilities, or some chronic health impairment such as epilepsy, cancer, cardiac problems, HIV/AIDS, and more. (Documentation of the disability is required.) A person is considered to be a person with disability if he/she has a disability, has a record of a disability, or is regarded as having a disability.

How does the ADA affect institutions of higher education?

The ADA upholds and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of 1973 to employment practices, communications, and all policies, procedures and practices that impact on the treatment of students with disabilities. Employment issues for all institutions are covered under Title I. For all activities, public institutions are covered under Title II; private institutions are covered under Title III.

Because of the public attention given to the passage and implementation of the ADA, renewed attention is being focused on disability access to institutions of higher education. This focus includes the whole scope of the institution’s activities, including facilities, programs, and employment.

Employment issues under the ADA University and college personnel will be asked to make “reasonable accommodations” within the employment process to insure nondiscrimination on the basis of disability. Institutions should be prepared to accommodate persons with disabilities qualified to work in campus offices and departments in all aspects of employment including recruitment, application, hiring, benefits, promotion, evaluation, and termination. This includes:

• Active recruitment of qualified persons with disabilities for open positions
• Changes in qualifying examinations and interviewing questions
• Changes to training materials and training policies
• Provision of qualified readers or interpreters, as well as technology that will allow employees with disabilities to be fully functional within the employment setting

Areas of review for an ADA self-evaluation

Public institutions of higher education are responsible for having a clearly established grievance procedure for persons with disabilities who feel their rights have been violated under the ADA. Moreover, each institution is responsible for conducting a self-evaluation of its preparedness, as well as ongoing review of possible barriers in the following areas:

• There may be no exclusion on the basis of disability
• There may be no discrimination through contract
• Participation should be in the most integrated setting possible
• There may be no discrimination through eligibility criteria
• Reasonable modifications in policies, practices, and procedures must be made as necessary to avoid discrimination on the basis of disability
• Modifications must be made to allow the presence/use of service animals
• There may be no discrimination through association with a person with a disability
• Surcharges to cover the costs of accommodations may not be imposed solely on persons with disabilities
• Examinations and courses must be accessible
• There may be no discrimination because of insurance constraints
• There may be no harassment or retaliation against individuals who are accessing their rights under the law or against those who assist people with disabilities in accessing their rights
• Of particular importance in making appropriate accommodations for students with disabilities are the mandates for making modifications as needed in policies, practices, and procedures, and for assuring accessibility of examinations and courses. As required under Section 504, this includes all aspects of academic and nonacademic activities including admissions and recruitment, admission to programs, academic adjustments, housing, financial assistance, physical education and athletics, and counseling.

This information is from a brochure published by The American Council on Education.