A Guide for Faculty and Staff Working with Students with Disabilities
Section II: The Accommodation Process
The purpose and governance structure of the University of Wisconsin dictate that faculty play a key role in the accommodation process. Faculty Document 1071 reaffirms that “[d]isability should not be the basis for exclusion from educational programs. All students are entitled to an accessible, accommodating, and supportive teaching and learning environment.” Students have the right to request accommodations and the responsibility to provide disability documentation that supports those requests. The university has the right to establish eligibility guidelines in accordance with both law and policy regarding disability and provide those accommodations that appropriately provide equal access to the programs and activities it sponsors. The accommodation process is rightly a partnership among students with disabilities, faculty and instructional staff, and disability specialists at the McBurney Disability Resource Center.
A. Evaluating the Need for an Accommodation
A student may contact the McBurney Center during the admissions process, once admitted, or after the enrollment process is done. Disability documentation meeting guidelines germane to the disability is submitted. After reviewing the disability documentation and meeting with the student, a McBurney counselor determines whether the student is a qualified student with a disability. If so, the McBurney counselor will make accommodation recommendations, which are then recorded in the student’s “VISA” (Verified Individualized Service and Accommodation plan). The VISA is a tool that provides:
- McBurney recommendations.
- An expiration date.
- The name, phone number and email address of the student’s McBurney counselor.
Students also have the right to bypass the McBurney process and work directly with faculty in receiving accommodations. Faculty, however, have the right to have the disability verified and the accommodation request evaluated by McBurney Center staff when the student does not have a VISA.
When a faculty member receives an accommodation request, she or he should consider the degree to which the accommodation changes the nature of the learning or testing process. When there is no meaningful impact to the standards of the course or exam, the accommodation should be provided. In general, accommodations found on a VISA fall well within acceptable legal and pedagogic practices and are commonly provided locally and nationally to university students with disabilities. As with all issues surrounding disability, however, decisions about accommodation recommendations are individually determined and subject to review when warranted.
B. Identifying Appropriate, Reasonable and Effective Accommodations.
Accommodation occurs in four primary areas: physical, electronic, instructional and attitudinal. Examples of modifying the physical environment include providing adaptive equipment or removing a physical barrier (e.g., a ramp replacing stairs). Electronic accommodations include making web sites accessible to a screen reader or providing inaccessible electronic files in an alternative media (audio or paper). Instructional accommodations are intended to provide equal access to the activities associated with learning and demonstrating course knowledge. Note takers, test accommodations and taped books are examples of instructional accommodations. Education about what a disability is and is not is a primary means of removing attitudinal barriers that limit access to the campus community.
The following table illustrates the relationship between the functional limitation that may result from a number of possible disabilities and possible accommodations that may minimize that limitation.
Functional Limitation |
Possible Accommodation |
Possible Disability |
Substantial difficulty with reading rate and/or
reading comprehension. |
|
|
Difficulty writing quickly and/or legibly. |
|
|
Difficulty understanding or following a classroom
lecture. |
|
|
Difficulty entering or leaving classrooms or buildings
quickly and/or safely. |
|
|
C. Receiving and Maintaining Confidential Student Records
A student’s disability documentation is considered a confidential medical or educational record. Documentation is housed at the McBurney Center and is not part of a student’s permanent student record. No permanent record regarding disability accommodations or services is maintained as files are destroyed seven years after the last date of enrollment. Communication about disability or accommodations should respect a student’s right to privacy at all times. Conversations between instructors and students about disability-related matters, including accommodation arrangements, during class or in other public settings is discouraged.
When a faculty member has a question about the appropriateness of the accommodation for a specific course or course activity, the AARC may be called upon to discuss the faculty member’s concern. As the AARC is a member of the department in which the course resides, the AARC is uniquely positioned to appreciate the standards of the department while remaining mindful of the legal requirements and university guidelines regarding disability access. A student may also contact the AARC to consult with a neutral department member regarding a requested accommodation or proposed alternative to an accommodation.
Typically, AARCs do not consult with faculty on common accommodation requests. An AARC may be consulted however when an accommodation request is unusual (e.g., alternative test format) or the faculty is concerned that the provision of the requested accommodation may fundamentally alter the nature of the activity or lower the academic standards of the course or program. The University utilizes a seven-step “decision tree” when reviewing denials to accommodation requests. The AARC may assist faculty by utilizing this process before making a decision. Faculty are encouraged to consult with the departmental AARC before denying an accommodation.
D. Facilitating Access to Applicable Appeals Procedures.
The Appeals Process applies to situations where a student has made a request for a disability-related accommodation and that request has been denied. The University’s procedure for evaluating student accommodation requests involves a comprehensive multi-level petition of due process. As students may make an accommodation request to an individual faculty member, a department (either academic or administrative), or to the McBurney Disability Resource Center, the appeals process may vary.
There are generally three components to this multi-level process. The first level utilizes the existing appeals mechanism internal to the unit or department or an ad hoc group when no internal process exists. Time limits, including the period during which an appeal must be filed and other procedural requirements follow established guidelines that should be communicated to the person filing the appeal at the outset. The second level involves a review by the ADA Coordinator (currently the Vice Chancellor for Legal and Executive Affairs). Third, a § 36.12 Wisconsin Statutes complaint can be filed with the UW Equity and Diversity Resource Center. The first two levels are “appeals” to the denial decision; the third level is a “complaint.” A complaint will not be processed until level one and two appeals have been decided because no institutional denial has yet occurred.
At any point, a student may file a separate complaint with the Office of Civil Rights, the Department of Justice or in a Federal Court.
Appeals will increase the number of individuals involved in a disability matter, resulting in somewhat lessened student privacy. For example, faculty and staff may consult with Administrative Legal Services. Additionally, others may be consulted as needed throughout the process. Nevertheless, individuals involved in an appeal should take reasonable steps to preserve the student’s privacy.
E. Campus Resources and School, College or Departmental Program Evaluation
The purpose and governance structure of the university is the cornerstone upon which the role of the AARC is built. The AARC network consists of faculty members or instructional staff who serve as resources within their departments or units. In this way, the AARC assists faculty in their responsibility to shape the teaching and learning environment, maintain the highest academic standards, and offer full inclusion of students with disabilities in educational programs.
Through periodic training, both AARCs and faculty can learn about campus resources that may assist students, staff and faculty in addressing accommodation concerns. When appropriate, the AARC may be called upon to receive additional training regarding campus policies or process. The AARC may facilitate access to applicable appeals procedures and may assist in evaluating school, college or departmental programs, activities and services to ensure access by students with disabilities.