An individual with a disability is defined as any person who: "has a physical or mental impairment which substantially limits one or more major life activities (including walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, or performing manual tasks), has a record of such an impairment, or is regarded as having such an impairment."

Isn't "disability" and "handicap" the same thing?

A "disability" is a condition caused by accident, trauma, genetics or disease that may limit a person's mobility, hearing, vision, speech, or mental function. A person may have more than one disability.

A "handicap" is a physical or attitudinal constraint imposed upon a person; for example, stairs, narrow doorways, and curbs are handicaps imposed upon people with disabilities who use wheelchairs.

What is a reasonable accommodation?

A reasonable accommodation is a modification or adjustment to a course, program, service, activity, or facility that enables a qualified individual with a disability to have an equal opportunity to attain the same level of performance or to enjoy equal benefits and privileges as are available to an individual without a disability. Some common academic accommodations include extended time on tests, use of peer note takers, use of computer with spell check, and provision of sign language interpreters.

How does a person become eligible to receive accommodations?

To become eligible, a person must have a documented disability and inform the University that s/he is requesting accommodations based on that disability.

A student must:
1. Contact Counseling and Disability Services (C&DS);
2. Provide specific documentation of the disability from a qualified professional;
3. Consult with a counselor in C&DS to determine appropriate accommodations.

Who determines the accommodation?

Counseling and Disability Services staff, in conjunction with the Committee for Academic Accommodations, determines the accommodations using:

• Documentation of the disability from qualified professionals provided by the student,
• Information gathered from an intake process
• Information from history of the disability.

The determination of reasonable accommodations considers the following:

• Classroom or physical barriers,
• The array of accommodations that might remove the barriers,
• Whether or not the person has access to the course, program, service, job, activity, or facility without accommodations, and
• Whether essential elements of the course, program, service, activity, or facility are not compromised by the accommodations.

How are accommodations determined for a student with a disability?

Reasonable accommodations are determined on an individual basis after considering the specific disability and documentation of functional limitations in accordance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. See the Association on Higher Education and Disability (AHEAD) at www.ahead.org  for more information regarding documentation guidelines. Accommodations are designed to provide an equal educational opportunity, not to give the student a competitive edge.

Should I refer a student to Counseling and Disability Services?

Faculty members are encouraged to refer students to Counseling and Disability Services if the student has disclosed that they have a disability.

What do I do when a student discloses a disability?

Ask for the Letter of Accommodation from the student; this letter describes the accommodations that faculty are legally mandated to provide. During an office hour or at another convenient time, discuss the letter and the accommodations with the student. Students must present a letter from Counseling and Disability Services to receive accommodations. If the student does not have a letter, he or she should be referred to Counseling and Disability Services to request services. C&DS counselors, in conjunction with the Committee for Academic Accommodations, will determine the appropriate accommodations after reviewing documentation of the disability provided by the student.

How do I verify the eligibility of a student who simply tells me that he or she is disabled and requires accommodations?

UST Counseling and Disability Services, in conjunction with the Committee for Academic Accommodations, is regarded as the on-campus authority to verify disabilities and determine whether a student qualifies for academic accommodations. All students receiving accommodations have presented the necessary documentation, which has been verified by the C&DS staff.  Each semester, you should receive a C&DS letter from the student that states granted accommodations.

Do I have the right to know the nature of a student's disability?

The information regarding a student's disability should be shared only when there is a compelling reason for disclosure. The U. S. Department of Justice has indicated that a faculty member generally does not have a need to know this information, only that it has been appropriately verified by the office assigned this responsibility on behalf of the institution. Students may submit their documentation of disability to Counseling and Disability Services without disclosing to their instructors the specific nature of their disability.

Upon a student's request for accommodations, the University and the instructor are required by law to appropriately accommodate the student in a timely manner. While students are not required to share their specific disability information, students are encouraged to discuss their specific needs with their instructors.

Can I review the student's documentation of the disability?

Counseling and Disability Services is the office designated to receive and interpret documentation of the disability. C&DS staff, in conjunction with the Committee for Academic Accommodations, certifies eligibility for services and determines accommodations. Disability information is confidential and students are not required to disclose this information to instructors.

What if I suspect that a student has a disability?

Talk with the student about your concerns regarding his or her performance. If the concern seems disability-related, ask if s/he has ever received assistance for a disability. If it seems appropriate, refer the student to Counseling and Disability Services to apply for services. Whether to self-identify to C&DS is the decision of the student; however, to receive accommodations, disclosure to C&DS with proper documentation is required.

If the student has never been evaluated for a learning disability and/or Attention-Deficit/ Hyperactivity Disorder (ADHD), Counseling and Disability Services will provide a list of local resources where the student may be screened or tested. Some of the resources offer a sliding fee schedule.

How is extra time for exams justified for students who qualify for academic accommodations?

Various factors account for the need for extra time on tests for students with learning disabilities or ADHD. These include:

• speed of processing
• visual perceptual deficits
• difficulty with mechanics of syntax, spelling and punctuation
• reading comprehension deficits.

Research on the effects of extended time on exams has shown dramatic improvements for students with learning disabilities, but only marginal improvement for students without learning disabilities (UC Berkeley, 1991 and the University of Toronto, 1993). Rather than providing an unfair advantage in the class, extended time for exams allows these students to demonstrate their level of mastery of the course objectives, rather than reflecting the deficits innate to their learning disabilities. In other words, it levels the playing field.

The most common accommodation is extended time for testing. In specific circumstances, students may also require the use of readers and/or scribes or a modification of test format, which might include oral administration of examinations or an alternative time for testing.  

The purpose of academic accommodations is to adjust for the effect of the student's disability, not to dilute academic requirements. The evaluation and assigning of grades should have the same standards for all students, including students with disabilities.

What if a student with a disability is failing?

Treat the student as you would any student who is not performing well in your class. Invite the student to your office hour to discuss reasons for the failing performance and what resources the student may use to improve. Encourage the student to see the Counseling and Disability Services staff to discuss some additional strategies to improve his or her grades. Contact a C&DS staff member to discuss any additional concerns.

What if a student with a disability is often absent?

Talk with the student to discuss your concerns that absences are affecting class performance. Remind him or her of your policy on class absences. Determine with the student whether the missed work can be made up and make arrangements with the student to do so. Refer the student to Counseling and Disability Services if too much class work has been missed.

Some students qualify for “flexibility in attendance” due to a chronic illness or other extenuating circumstance.  This will be an academic accommodation listed on the student’s Letter of Accommodation.  Circumstances may vary for each student who receives the “flexibility in attendance” accommodation.  If the student experiences an exacerbation of illness during the semester, s/he is encouraged to stay in touch with each professor in order to keep them informed of their progress and to stay current with assignments as appropriate. 

What is a note taker?

A note taker is usually another student in class who agrees to provide copies of lecture notes taken during class. At times, students with a disability may request their professor’s assistance with finding a note taker in class. If you are asked to do so, please respect the privacy of the student with a disability by making an anonymous request for note-sharing. If you would like more information about this process, please consult with Counseling and Disability Services staff.

How can I assist a student with getting notes?

The Letter of Accommodation will document the need for note takers. Students who cannot take notes or have difficulty taking notes adequately due to the effects of their disability can be accommodated in a number of ways including allowing them to tape record lectures, assisting them in obtaining an in-class volunteer note taker, and/or providing them with an outline of lecture materials and copies of overhead transparencies.

What if a student doesn't tell me about a disability until late in the semester?

Students have a responsibility to give instructors and Counseling and Disability Services adequate time to arrange accommodations. C&DS encourages students to identify early in the semester. Instructors can help by announcing in class and in the syllabus an invitation for students to identify themselves early in the semester: "Any student who may need an accommodation due to a disability, please make an appointment to see me during my office hours.  Additionally, you will need to contact Counseling and Disability Services in Crooker Center at 713-525-6953 or 3162.”

Once a student has identified to the instructor and requests disability-related accommodations authorized by Counseling and Disability Services, the University has a legal responsibility to make reasonable attempts to accommodate the need, even late in the semester. There is no responsibility to provide accommodations prior to identification (i.e., allowing the student to re-take exams with extended time). Academic accommodations are not retroactive.

What should I do if my class needs to evacuate the building due to an emergency?

• Students should let you know at the beginning of the semester if they will need assistance during an emergency.
• Students who are blind or have low vision may need a "buddy" to assist them exit the building.
• Some students with head injuries or psychiatric disabilities may become confused or disoriented during an emergency and may also need a "buddy."
• Students who use wheelchairs should NOT use the elevator but should wait for Security to safely assist them to exit the building. To prevent injuries, instructors or other untrained personnel should NOT attempt to evacuate a student who uses a wheelchair. Please wait for trained emergency personnel.

What if a student has a seizure in my classroom?

• Counseling and Disability Services encourages students with seizure disorders to inform their instructors about what should be done if a seizure occurs during class time. Some students request that Security be called immediately; others request action as listed below.
• Seizures happen when there is a sudden electrical discharge in the brain. Each individual has a unique reaction. A seizure can result in a relatively slight reaction, such as a short lapse in attention, or a more severe reaction known as a grand mal, which involves convulsions. Seizure disorders are generally controlled by medication, so the possibility of a seizure in the classroom is rare. If one does occur, the following actions are suggested:
• Keep calm. Ease the student to the floor and open the collar of the shirt. You cannot stop a seizure. Let it run its course and do not try to revive the student.
• Remove hard, sharp, or hot objects that may injure the student, but do not interfere with his or her movements.
• Do not force anything between the student's teeth.
• Turn the student's head to one side for release of saliva. Place something soft under the head.
• Make sure that breathing is unobstructed, but do not be concerned if breathing is irregular.
• When the student regains consciousness, let him or her rest as long as desired.
• To help orient the student to time and space, suggest where he or she is and what happened.
• Speak reassuringly to the student, especially as the seizure ends. The student may be agitated or confused for several minutes afterward.
• Don't leave the student alone until he or she is clearheaded. Ask whether you can call a friend or relative to help him or her get home.
• If the seizure lasts beyond a few minutes, or if the student seems to pass from one seizure to another without regaining consciousness, contact the campus Security office at 713-525-3888. This rarely happens, but when it does, it should be treated immediately.