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Believing without seeing : a survey of best practices and legal obligations for supporting "invisible" disabilities in higher education

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Believing without seeing : a survey of best practices and legal obligations for supporting "invisible" disabilities in higher education
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Frank, Kelli
Zarrad, Jenaya
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Presentation

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Auraria Library
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Auraria Library
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All applicable rights reserved by the source institution and holding location.

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PAGE 1

Believing Without Seeing:A survey of best practices & legal obligations for supporting students with “invisible” disabilities in higher educationPresented by: Kelli Frank –Metropolitan State University of Denver Jenaya Zarrad –Colorado Challenge, Community College of Denver

PAGE 2

Framework• College students hold multiple intersecting identities that may impact learning • Faculty and staff preparation for supporting students with diverse needs • Not all disabilities are visible • Institutions have legal obligations • We are not experts

PAGE 3

Presentation Goals• To broaden understanding of disability • To share legal obligations & accommodations information • To encourage faculty & staff to be well informed about student needs • To provide practice opportunities to faculty & staff using a case study approach • To offer resources & guidance

PAGE 4

Have you ever encountered a college studentÂ…

PAGE 5

How is “disability” defined and what is an “invisible disability?”ADA: “having a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.” Invisible: May be physical, mental, cognitive or neurological, chronic or temporary. May not be obvious to others

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Examples of disabilities:Physical/Chronic Illness: Multiple Sclerosis, Fibromyalgia, Lupus, CrohnÂ’sdisease, Diabetes, Hearing loss Mental Illness: Depression, Anxiety, Bipolar, Post Traumatic Stress, Obsessive Compulsive Disorder, Dissociative Identity Disorder, Eating Disorders Cognitive: Autism & Asperger spectrum, Learning Disabilities, Traumatic Brain Injuries Temporary: Pregnancy

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Federal Sources of Legal Obligations• Americans with Disabilities Act of 1990 (ADA) & 2008 Amendments (ADAAA) • Rehabilitation Act– Section 504• Fair Housing Act– Institutions as landlords• Other sources:– HIPPA & Dear Colleague Letter

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Basic Purpose of Anti-Discrimination Statutes• To enable individuals to satisfy essential job or academic functions • Institutions need not excuse essential job functions, lower academic standards or substantially alter a program • *Avoid making assumptions about an individual’s situation. Focus on the objective behaviors and medical records.

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• Is the person legally disabled? • If so, parties must engage in an interactive process to identify potential reasonable accommodations • May not cause undue hardship on institution • Trained, eligible staff only reviewing accommodationsUnderstanding accommodations

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• Admission standards • Modification of exam procedures • Modification of course requirements • Modification of deadlines • Modification of work schedule • Modification of job duties (non-essential) • Leave of absence (FMLA & beyond) • Assistance Animals on CampusExamples of Accommodations

PAGE 11

Benefits of campus disability access centers & accommodations• Employ specialists who understand disability issues and can assist with student needs • Can provide clarity for faculty involvement • Allow students to have privacy protected • Empower students to consider options • “Attempts to level the playing field”

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Case Study 1It is week six of the semester and Kris approaches you during office hours to discuss recent class absences. Kris hands you a physician note detailing a diagnosis of kidney failure and explains the need to undergo dialysis treatment three times per week. Kris explains that missing class in the future is likely and hopes it will not impact the final grade.

PAGE 13

Case Study 2:During New Student Orientation, a parent approaches you (staff member) and shares that her son has “testing issues” and would do better if he received more time on tests. She tells you that her son would be unlikely to ask for this help and hopes you can provide her with his class schedule so she can reach out to professors on his behalf. She hopes you understand her perspective as a concerned parent who just wants her son to be successful.

PAGE 14

Case Study 3:Casey, a student in your English 1000 class approaches you before class about her recent low examination score. You notice Casey often comes in 10 to 15 minutes late and falls asleep during your lectures at least once per week. She is concerned about her grade and shares that she has been having some “health struggles” this year. She hopes you understand and asks if you have any suggestions to raise her grade.



PAGE 1

Believing Without Seeing:A survey of best practices & legal obligations for supporting students with “invisible” disabilities in higher educationPresented by: Kelli Frank –Metropolitan State University of Denver Jenaya Zarrad –Colorado Challenge, Community College of Denver

PAGE 2

Framework• College students hold multiple intersecting identities that may impact learning • Faculty and staff preparation for supporting students with diverse needs • Not all disabilities are visible • Institutions have legal obligations • We are not experts

PAGE 3

Presentation Goals• To broaden understanding of disability • To share legal obligations & accommodations information • To encourage faculty & staff to be well informed about student needs • To provide practice opportunities to faculty & staff using a case study approach • To offer resources & guidance

PAGE 4

Have you ever encountered a college studentÂ…

PAGE 5

How is “disability” defined and what is an “invisible disability?”ADA: “having a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.” Invisible: May be physical, mental, cognitive or neurological, chronic or temporary. May not be obvious to others

PAGE 6

Examples of disabilities:Physical/Chronic Illness: Multiple Sclerosis, Fibromyalgia, Lupus, CrohnÂ’sdisease, Diabetes, Hearing loss Mental Illness: Depression, Anxiety, Bipolar, Post Traumatic Stress, Obsessive Compulsive Disorder, Dissociative Identity Disorder, Eating Disorders Cognitive: Autism & Asperger spectrum, Learning Disabilities, Traumatic Brain Injuries Temporary: Pregnancy

PAGE 7

Federal Sources of Legal Obligations• Americans with Disabilities Act of 1990 (ADA) & 2008 Amendments (ADAAA) • Rehabilitation Act– Section 504• Fair Housing Act– Institutions as landlords• Other sources:– HIPPA & Dear Colleague Letter

PAGE 8

Basic Purpose of Anti-Discrimination Statutes• To enable individuals to satisfy essential job or academic functions • Institutions need not excuse essential job functions, lower academic standards or substantially alter a program • *Avoid making assumptions about an individual’s situation. Focus on the objective behaviors and medical records.

PAGE 9

• Is the person legally disabled? • If so, parties must engage in an interactive process to identify potential reasonable accommodations • May not cause undue hardship on institution • Trained, eligible staff only reviewing accommodationsUnderstanding accommodations

PAGE 10

• Admission standards • Modification of exam procedures • Modification of course requirements • Modification of deadlines • Modification of work schedule • Modification of job duties (non-essential) • Leave of absence (FMLA & beyond) • Assistance Animals on CampusExamples of Accommodations

PAGE 11

Benefits of campus disability access centers & accommodations• Employ specialists who understand disability issues and can assist with student needs • Can provide clarity for faculty involvement • Allow students to have privacy protected • Empower students to consider options • “Attempts to level the playing field”

PAGE 12

Case Study 1It is week six of the semester and Kris approaches you during office hours to discuss recent class absences. Kris hands you a physician note detailing a diagnosis of kidney failure and explains the need to undergo dialysis treatment three times per week. Kris explains that missing class in the future is likely and hopes it will not impact the final grade.

PAGE 13

Case Study 2:During New Student Orientation, a parent approaches you (staff member) and shares that her son has “testing issues” and would do better if he received more time on tests. She tells you that her son would be unlikely to ask for this help and hopes you can provide her with his class schedule so she can reach out to professors on his behalf. She hopes you understand her perspective as a concerned parent who just wants her son to be successful.

PAGE 14

Case Study 3:Casey, a student in your English 1000 class approaches you before class about her recent low examination score. You notice Casey often comes in 10 to 15 minutes late and falls asleep during your lectures at least once per week. She is concerned about her grade and shares that she has been having some “health struggles” this year. She hopes you understand and asks if you have any suggestions to raise her grade.