Wilson College Policy and Procedures for Students with ...



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Wilson College Policy and Procedures for Students with Disabilities

I. The Law: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 states:

“No otherwise qualified handicapped individual in the United States shall, solely by reason of his (sic) handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance [PL 93-112, material in public domain].”

Section 504 defines a handicapped person as “any person who has a physical or mental impairment that substantially limits one or more major life activities.”

A “qualified handicapped person” is defined in this legislation as “one who meets the academic and technical standards requisite to admission or participation in an education program or activity.”

II. Definition of a Disability: Herein, a “person with a disability” is defined as a person who has or is regarded as having any mental, psychological, or physical condition that substantially impairs or restricts one or more major life activities such as performing normal tasks, walking, seeing, hearing, speaking, breathing, learning and working.

III. Statement of Policy: Wilson College seeks to accommodate students with disabilities who have satisfied the admission requirements of the school and thus have been deemed qualified to undertake the various programs of study.

This policy is designed to give all learners who can benefit an opportunity to enroll and succeed academically with the provision of “reasonable Accommodations” as delineated in Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. In the spirit of this legislation, “reasonable accommodations” may be delimited by both the constraints of funding and the availability of human resources.

Furthermore, this document is not intended to serve as an immutable apparatus, but rather as an amendable guide to serve as a ready reference in matters of policy relating to Section 504 issues.

IV. Definition of Reasonable Accommodations: The term "reasonable accommodations" as used in Section 504 of the ADA of 1990 and Rehabilitation Act of 1973 refers to modifications made to the learning environment which eliminate, to the extent possible, any physical and/or instructional barriers to learning which students with disabilities might encounter due to their disability. The law does not require that students with disabilities be given "special" advantages nor does it compel an institution of higher learning to provide "nonessential" accommodations that would place an excessive financial burden on the institution.

Wilson College is committed to providing reasonable services and accommodations for students who have been appropriately identified as having disabilities.

V. Identification and Documentation: Students who disclose a disability must provide current and appropriate documentation to substantiate the disabling condition. The following documentation will be needed to support the existence of a

Physical Disability: Documentation from a physician specifying the type and extent of the physical disability and services required to accommodate the disability.

Psychological or Mental Health Disability: Documentation from a psychiatrist or a licensed or certified psychologist, social worker or mental health counselor specifying the type and extent of the mental illness or disorder and the services required to accommodate the disability.

Learning Disability: The student's grade twelve IEP, Department of Vocational Rehabilitation documentation, or private testing, and evaluations by a certified special educator or educational psychologist indicating the presence of a learning disability and information with respect to the types of services required to accommodate the disability.

VI. Self-Identification: Definition: “Self-identification” is defined herein as the disclosure of a disability or disabling condition by the student with the disability. It is the responsibility of the student with the disability or disabilities to identify him/herself and to request reasonable accommodations or auxiliary aids deemed necessary to provide the student with equal educational opportunities.

VII. Disclosure Procedure: The person with a disability can initiate self-disclosing this information to a faculty advisor, admissions officer, the Director of the Learning Resource Center, the Accommodations Coordinator, or any similarly qualified college administrator or member of the faculty. In all cases, the student who has self-identified should be referred to the Accommodations Coordinator or LRC Director.

Appropriate documentation to substantiate a disability or disabilities must be provided to the Accommodations Coordinator within a reasonable period of time (not to exceed two weeks) from the date of disclosure.

VIII. Provision of "Reasonable" Modifications or Auxiliary Aids:

Modification/auxiliary aid requests that are granted will be provided as soon as possible after the submission of the request and upon receipt of appropriate support documents (as described in Section V of this document).

IX. Areas of Responsibility of Reasonable Accommodations or Auxiliary Aids:

Learning Resource Center: It is not the sole responsibility of the Learning Resource Center to provide academic adjustments; rather, it is one of the functions of this office to assist and enable all areas of the college to meet mandated responsibilities with respect to Section 504. This office will develop recommendations in consultation with appropriate faculty and administrators.

X. The Right to Succeed: Wilson College believes that all students with disabilities admitted to the college should have the same opportunity to succeed academically as students without disabilities. To that end, the following practices are suggested:

1. Faculty are encouraged to inform students about the services and support provided to all students through the Learning Resource Center located on the first floor of Thomson Hall. Students with disabilities are encouraged to contact the Accommodations Coordinator at extension 3351 or the LRC Director at extension 3349.

2. The following statement will be sent to each student with his or her acceptance letter: “Any student who has a disability, can substantiate it, and is in need of a reasonable modification or auxiliary aid should contact the Accommodations Coordinator at (717) 264-4141 x3351 or the LRC Director at (717) 264-4141 x3349.”

XI. Student Rights and Responsibilities:

1. A college student with one or more disabilities has the right to reasonable accommodations or auxiliary aids in the classroom. This right is provided under Section 504 of the Vocational Rehabilitation Act of 1973 and the Americans with Disabilities

Act of 1990. It is the student’s responsibility to identify him/herself to the appropriate faculty or administrator. It is also the student's responsibility to provide appropriate required documentation and to request the desired reasonable accommodation or auxiliary aids in writing in sufficient time for the review of documentation, coordination of special arrangements, and the completion of appropriate paperwork.

2. Students with disabilities must satisfy the course, skill, knowledge or other prerequisites for each course in which they plan to enroll. Students with disabilities must also demonstrate the acquisition of skills and knowledge required for successful completion of each course in which they are subsequently enrolled.

3. Students who have received reasonable modifications are obligated to use these aids or accommodations in a responsible manner. A student who is entitled to extended time on a test may have the test administered in parts. Accommodations to testing procedures must be determined in advance. Except in extraordinary circumstances, procedures may not be altered during the test.

4. In order to provide the optimal learning opportunity for the student, students who are receiving reasonable accommodations or auxiliary aids have the responsibility to self-identify and request accommodations at the beginning of the course.

5. A student who disagrees with the determination of a request for accommodations or auxiliary aid has the right to dispute this determination pursuant to the Appeal/Grievance Procedure outlined in this policy.

XII. Faculty Members' Rights and Responsibilities:

1. A faculty member is not required to provide reasonable accommodations or auxiliary aids unless informed in writing by the Accommodations Coordinator or LRC Director of the eligibility of the student for such accommodations or aids. The type and extent of the accommodations will be outlined in a letter that provides the faculty member with suggested strategies for compliance, as well as the support and assistance provided by the Learning Resource Center.

2. A faculty member who disputes a reasonable accommodation or auxiliary aid recommended by the Accommodations Coordinator or LRC Director must continue to provide the service until the dispute is resolved.

3. The faculty member will be notified by the Accommodations Coordinator or LRC Director if a student expresses concern about the manner in which a prescribed accommodation is being administered.

4. If the recommendation of the Accommodations Coordinator or LRC Director is not satisfactory to the faculty member, he/she can appeal to the Section 504 Grievance Committee for consideration.

5. Written instructions from the professor are required if the Learning Resource Center is to be used to accommodate alternate test site, extended time, or test-reader accommodations. All such requests should be addressed to the Accommodations Coordinator or LRC Director who will then arrange to accommodate the request if possible. Reasonable prior notice must be given to the Learning Resource Center to ensure compliance with the request.

XIII. Reasonable Accommodations and Auxiliary Aids: The accommodations and aids listed below will generally conform to the following guidelines:

1. Extended time for tests and examinations: Generally, most colleges consider twice the amount of time specified for the completion of each test to be extended time. Testing at two or more sittings may be appropriate.

2. Scribes or readers: Scribes or readers for eligible students will read test items/record written responses exactly as given. Proctors will not provide additional information, interpretation, or definitions about test items unless specifically included as part of the accommodation provided to the student.

3. Extended time for written assignments: Extensions for written assignments will be decided on a case-by-case basis by the Accommodations Coordinator or LRC Director in consultation with the appropriate faculty and/or academic administrators, based on documentation provided by the student.

4. Tape recordings of classes: Faculty may request that students, for whom taping lectures is an appropriate accommodation, sign the Wilson College Tape Recording Agreement (copies available through the LRC Office and online).

5. Note Takers and Scribes: Note takers and scribes assisting the student are to decode or transcribe only. NOTE: It is the responsibility of the student to secure and arrange for the services of a note taker or scribe. The Accommodations Coordinator or LRC Director will assist the student in attempting to locate a volunteer note taker or scribe.

6. Sign language interpreters: Interpreters are to translate only. The Accommodations Coordinator or LRC Director will approve and coordinate sign language interpreter services for a student with a documented disability on a case-by-case basis. Note: It is the responsibility of the student to request sign language interpreters in a timely manner.

7. Aids/personal assistants: The College does not provide personal assistants. It does not provide services of a personal nature, which include assistance in eating, toileting, dressing, or locomotion from one area of the campus to another or from room to room.

8. Equipment: Wilson College does not provide devices such as wheelchairs or individually prescribed devices such as hearing aids. Modifications to existing structures or the provision of specialized equipment such as wheelchair accessible desks will be considered as it applies to the prescriptions inherent in Section 504 and on a case-by-case basis.

9. Waivers or substitutions: Course waivers or substitutions are not made without serious consideration. The ultimate decision is made by the Vice President of Academic Affairs/Dean of the Faculty in consultation with the appropriate department chair, the Director of Academic Advising, the Director of Admissions, and the Accommodations Coordinator and/or Director of the Learning Resource Center. Section 504 does not require that the institution make substitutions in course requirements on request, only that it be willing to consider course substitutions on a case-by-case basis. Course substitutions will be considered as a reasonable modification provided the substitution does not alter the nature of the program in which the student is enrolled, or excuse the student from courses that are integral to the program in which the student is enrolled.

10. Waivers: While there may be rare instances in which a waiver of a requirement is determined to be the appropriate accommodation, it is typically not the accommodation of choice in promoting equal access to educational opportunities. In some instances, however, a waiver may be an appropriate accommodation to consider if other accommodations attempted have proved to be inappropriate or ineffective and to ask the individual to continue to pursue successful completion of a requirement would be seen as punitive.

11. Transportation: If a field trip is scheduled for a class in which a disabled student is enrolled, and the transportation is provided by the college, the transportation will be accessible. Field trips and field experiences for courses that have enrolled students

with disabilities must be made to accessible sites, or alternative field trips/experiences must be offered to the entire class, unless the field trip or experience in question is an essential component of the course and no reasonable alternative field trip or experience exists.

XIV. Services, Accommodations, and Aids Currently Available to Students with

Disabilities:

1. Tutoring services are available through the Learning Resource Center on an individual or small group basis. Call extension 3349 for information.

2. Computers are available for tutee/student use in the Learning Resource Center, the Library, and in the Science Center and Warfield computer labs.

3. In addition to tutoring assistance, the Learning Resource Center offers periodic workshops in many academic skills areas, assists in setting up study groups, and serves as a repository for learning materials and resources.

4. In-person and online writing support services are offered through the Writing Lab operated in conjunction with the Learning Resource Center. Call extension 3349 for information.

5. The college provides an Accommodations Coordinator who serves, under the auspices of the LRC Director and Vice President of Academic Affairs/Dean of the Faculty, as an advocate and a resource for students with disabilities on campus. The Accommodations Coordinator and the LRC Director offices are located on the first floor of Thomson Hall.

6. All reasonable accommodations and auxiliary aids pursuant to Section 504 of the ADA will be provided to qualified students with disabilities on a case-by-case basis.

7. Wilson College is committed to maintaining compliance with ADA specifications with respect to building and facility accessibility and safety.

XV. Disputed Modification or Auxiliary Aid: If the documentation does not support the student's request for a specific reasonable accommodation or auxiliary aid, the student will be informed within 10 working days of the submission of the request and will be advised of the need to supply further documentation or to revise the academic adjustment request. The notice will explain why documentation did not support the request.

XVI. Disposition of Records: Documentation records maintained by the Accommodations Coordinator will be copies only, with the student retaining the originals. These records will be kept on file by the Accommodations Coordinator for five years after the last date of attendance, after which they will be destroyed.

XVII. Discrimination and Bias Statement: Wilson College policies prohibit discrimination, based on the tenets and articles of Section 504 and the ADA, in its educational programs, activities, or employment and admissions practices. Inquiries regarding Section 504 and ADA compliance may be directed to the Accommodations Coordinator at (717) 264-4141, extension 3351, or the LRC Director at (717) 264-4141, extension 3349 and by mail to the Accommodations Coordinator or LRC Director, Wilson College, 1015 Philadelphia Avenue, Chambersburg, PA, 17201.

XVIII. Legal Compliance: The Vice President of Academic Affairs/Dean of the Faculty, with the assistance of the Accommodations Coordinator and/or LRC Director, will be responsible for legal compliance and investigation of grievances for Students with Learning Disabilities and/or Neurological Impairments, as well as legal compliance and investigation of grievances for Students with a Physical Disability, a Mental or Emotional Impairment, and Students with a Health Impairment.

XIX. Appeal/Grievance Procedure: In the event of a dispute regarding compliance with applicable laws, college policy, or the appropriateness of specific reasonable modifications or auxiliary aids, the following procedures should be followed:

Informal Resolution Procedures: In accordance with the College’s Honor Principle, an informal resolution between the disputant and involved individual(s), office and/or department should be addressed first. The disputant may seek assistance from the Accommodation Coordinator or LRC Director in order to resolve any concerns related to compliance and/or accommodations. If the matter cannot be resolved informally, a formal resolution may be pursued.

Formal Resolution Procedures: The student or faculty member (disputant) shall provide a written statement to the Accommodations Coordinator or LRC Director, the department chair/director, and the faculty member or student within 10 working days of the incident or circumstance. It shall be the responsibility of the Accommodations Coordinator to contact all concerned parties in order to organize a meeting within five working days of receipt of the complaint.

During this meeting, each side will have the opportunity to make a presentation of its interpretation of the dispute, and the Accommodations Coordinator or LRC Director will act as the mediator. Every attempt will be made to affect a mutually agreeable solution.

Should this settlement be unacceptable to the disputant(s), the grievance issue will then be forwarded in writing to the Vice President of Academic Affairs/Dean of the Faculty who will, in conjunction with the Accommodations Coordinator and/or LRC Director, appoint an ad hoc Section 504 Grievance Committee who will then arrange a hearing within 10 working days of receipt of the grievance. After hearing each side, the Section 504 Grievance Committee will arbitrate what it considers a fair settlement. A written copy of this arbitration will be forwarded to the disputants, the Vice President of Academic Affairs/Dean of the Faculty, and the Accommodations Coordinator and/or LRC Director within 10 working days of the hearing.

Any person who seeks to appeal the decision of the Section 504 Grievance Committee may do so in writing, within 10 working days of receipt of the same, to the Vice President of Academic Affairs/Dean of the Faculty, whose decision is final.

If a disputant has a grievance and would like to go outside the College for resolution, s/he may wish to contact the Office of Civil Rights (OCR):

Office for Civil Rights Office for Civil Rights, Philadelphia Office

U.S. Department of Education U.S. Department of Education

400 Maryland Avenue, S.W. Wanamaker Building

Washington, DC 20202-1100 100 Penn Square East, Suite 515

1-800-421-3481 Philadelphia, PA 19107

Fax (202) 245-6840 (215) 656-8541

TDD 877-521-2172 Fax (215) 656-8605 TDD (215) 656-8604

Email: OCR @

about/offices/list/ocr/index.html

NOTE: All students with disabilities, regardless of the disability, are required to follow college policies and procedures, including Drop/Add of Courses, Class Attendance, and Testing and Grading Procedures.

Primary Resource:

Felician College Policy and Procedures for Providing Services to Students with Disabilities, 1998.

References

ADA Compliance Guide. October 1995. Thompson Publishing Group.

Crocket, R.B., and Kehl, S.S. 1996. Accommodating students with learning disabilities and emotional disabilities: A legal compendium. Washington D.C.: National Association of College and University Attorneys.

Mangrum, C.T., and Strichart, S.S. 1988 College and the learning-disabled student: Program development, implementation, and selection. Philadelphia: Grune and Stratton.

Sussex County Community College. 1996. Policy for accommodations for students with

disabilities. Learning Resource Center. Project Success.

Revised 7/2008

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