Legal Landscape
 

At the foundation, Student Accessibility Services is guided by Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). The ADA was passed on July 26, 1990, as Public Law 101-336 and became effective on Jan. 26, 1992. The ADA is a landmark federal legislation that provides civil rights protections to individuals with disabilities.
 

An individual with a disability and/or medical/mental health condition is defined by the ADA as a person who:

• Has a physical or mental impairment that substantially limits one or more of such person's major life activities
• Has a record of such an impairment
• Is regarded as having such an impairment
• Could have the terminology "substantial limits" applied to them, meaning they are unable to perform a major life activity that the average person in the general population can perform
• Is significantly restricted as to the condition, manner, or duration under which the average person in the general population can perform the same major life activity

Qualified Individual:

• Has a diagnosed and documented disability through Student Accessibility Services
• Has approved accommodations issued by Student Accessibility Services after going through the process for determining eligibility for services
• Is otherwise qualified to attend UTampa

Confidentiality:

• All disability-related information, including documentation and the nature of an individual's disability, is confidential information between Student Accessibility Services staff and the student unless the student chooses to reveal it
• Any explicit or implicit inference to a particular student and the disability is inappropriate

The University of Tampa is a place for all students to be welcomed and provided an accessible learning opportunity free from barriers. Accessibility means everyone can learn the information, regardless of how they encounter it. The University has created Accessibility Resources for Faculty containing information about creating accessible course content. In addition, Student Accessibility Services is happy to answer questions related to creating accessible course content.
 

Use the Following Statement in your Syllabus:
 

“Any student needing to arrange a reasonable accommodation for their disability and/or medical/mental health condition should contact Student Accessibility Services, Academic Success Center - 2nd Floor Technology Building. Phone: (813) 257-5757, Email: accessibility.services@ut.edu, Website: ut.edu/disabilities. You can view all required syllabus disclosures at the following link: Required UTampa Syllabus Disclosures.”

We recommend taking some time to review this statement with your class as it may help students feel more comfortable approaching you with proactive requests. 
 

Faculty Guide: Teaching & Interacting with Students with Disabilities
 

Faculty impart knowledge to students and evaluate whether students have learned the material by creating assignments and exams that allow the student to demonstrate mastery based on course goals, objectives and the nature of the curriculum. Having an understanding of a disability and the limitations caused by that disability are essential when teaching to and interacting with students whose learning styles are different from their peers.
 

Accommodating Students with Specific Types of Disabilities

• Students with Learning Disabilities and Attention Deficit/Hyperactivity Disorder
• Student with Visual Disabilities
• Students who are Deaf and Hard of Hearing
• Students with Health-Related Disabilities
• Students with Mental Health Disabilities
• Students with Physical Disabilities
• Students with Autism

Students with Learning Disabilities and Attention Deficit/Hyperactivity Disorder

Students with Learning Disabilities (LD’s) and/or Attention Deficit/Hyperactivity Disorder (ADHD) make up the majority of students registered with SAS. Examples of LD’s include Dyslexia, Dysgraphia, Math Disorders, and Nonverbal Learning Disorders. Students are diagnosed after a battery of testing with results that indicate lack of achievement at age and ability level and a severe discrepancy between achievement and intelligence.

Examples of limitations faced by these students are:

• Inability to change from one task to another
• Difficulty scheduling time to complete short and long-term assignments
• Difficulty completing tests without additional time
• Difficulty following directions
• Difficulty concentrating in lectures
• Problems with grammar
• Impulsiveness
• Difficulty delaying resolution to a problem
• Poor self-esteem
• Difficulty taking notes
• Slow reading rate
• Poor comprehension and retention of material read
• Difficulty with basic math operations
• Difficulty with reasoning

When preparing your lectures, and then presenting the materials, consider the following:

• Link previous lecture to current lecture
• Outline main points on overhead
• State class objective
• Write key terms on overhead
• Leave overheads up longer than you think necessary for you to copy
• Identify patterns of organization
• Make lectures interactive
• Make notes available on the internet
• Maintain student attention by varying delivery approach
• Move around the room
• Summarize or draw conclusions at the end of the lecture

Commonly used accommodations for students with LD’s:

• Extended time for testing
• Use of a computer with a spell-checking program
• Writing on the test, rather than using Scantrons
• Use of a calculator
• Copies of overheads, handouts, lecture notes
• Readers for exams
• Preferential seating

Accommodations for students with ADHD may include:

• Reduced distraction environment for testing
• Extended time for testing
• Preferential seating near the front of the class
• Notetaking support

Student with Visual Disabilities

There are two categories of visual disabilities: blindness and low vision. Between 70 and 80 percent of all persons in the United States identified with visual disabilities actually have some residual and functional vision, and may use a term such as low vision.  To be diagnosed with low vision, visual acuity has to be 20/70 or less in the better eye after the best possible correction, or have a constricted visual field (peripheral vision) of 30 degrees or less.  To be diagnosed as legally blind, visual acuity has to be 20/200 or less in the better eye after the best possible correction or a have a visual field (peripheral vision) of 20 degrees or less.

Academic limitations can be the result of constricted peripheral vision, progressive loss of vision, and/or fluctuation of visual acuity.  Visual disabilities may result in difficulties with the following activities:

• Mobility around campus and in the classroom
• Ability to take notes in class
• Ability to see classroom visual aids, writing on chalkboard, etc.
• Reading standard print materials
• Finding transportation
• Obtaining textbooks in an alternative format and in a timely manner (audio, large print, Braille)

Some examples of accommodations used by students who are blind or have low vision include:

• Large print or Braille handouts, signs, equipment labels
• TV monitor connected to microscope to enlarge images
• Directions, notices, assignments in electronic format
• Printed materials on colored paper or materials in high contrast
• Computers with enlarged screen images
• Seating where the lighting is best
• Audio, Braille, electronic formats for notes, handouts, texts
• Describe visual aids (text or audio descriptions)
• Raised-line drawings and tactile models of graphic materials
• Computers with optical character readers, voice activated computers, voice output, Braille keyboards and printers
• Extended time for testing
• Use of a reader and/or scribe for exams
• Use of tinted glasses for indoors/outdoors

Students who are Deaf and Hard of Hearing

Communication access is the most common barrier between students who are Deaf or Hard of Hearing and their hearing peers and instructors. Some of these students use American Sign Language and not spoken English. They often identify with other people of similar upbringing and prefer to be called Deaf with a capital D. People who became deaf later in life may call themselves Deaf or hard-of-hearing based on the degree of hearing loss they experience.

Examples of disability related limitations include:

• Listening to and understanding lecture information
• Taking notes in class
• Working effectively in group projects or class discussions

Commonly used accommodations are:

• Interpreters, real-time transcription, assistive listening systems, note taking assistance
• Face student when speaking
• Written copies of any oral instructions (directions, assignments, lab instructions)
• Visual aids, visual warning systems
• Repeat questions and statements from others
• Electronic mail for communicating
• Captioned videos and transcripts of audio recordings

Students with Health-Related Disabilities

Chronic illnesses include conditions affecting one or more of the body’s functions. These conditions can include, but are not limited to, the respiratory, immunological, neurological and circulatory systems. There can be several different impairments and they can vary significantly in their effects and symptoms. In general, these conditions can vary in severity and length of time, and can be very unstable.

Examples of chronic medical conditions include:

• Cancer
• Chemical dependency
• Chronic Fatigue Syndrome
• Diabetes
• Dysautonomia
• Epilepsy/seizure disorder
• Human immunodeficiency virus (HIV)
• Multiple chemical sensitivities
• Multiple sclerosis
• Renal disease/failure

Academic difficulties can include:

• Mobility around campus and in the classroom
• Taking notes in class
• Concentration/attention
• Time management
• Anxiety
• Missing classes due to symptoms or treatment of medical condition

Most commonly requested accommodations are:

• Note-taking assistance, audio-taped class sessions
• Flexible attendance requirements
• Extra exam time, alternative testing arrangements
• Assignments in electronic formats
• Communication through electronic mail
• Absences due to symptomology and doctors appointments

Students with Mental Health Disabilities

Mental Health disabilities may not be apparent, but they can have a dramatic impact on interpersonal and school behavior that affects the learning process. These disabilities cover a wide range of conditions that may be chronic or reoccurring. With appropriate treatment many mental health-related disabilities can be effectively controlled or improved. However, treatment, which often combines medications and psychotherapy and may effectively stop acute symptoms or halt the downward spiral in some individuals, sometimes causes additional limitations as a result of prescribed medications.

Examples of some mental health disabilities are:

• Major depression
• Bipolar disorder
• Severe anxiety disorders
• Sleep disorders
• Eating disorders
• Substance-related disorders

Academic difficulties can include:

• Concentration
• Cognitive (short-term memory difficulties)
• Distractibility
• Time management
• Impulsiveness
• Fluctuating stamina causing class absences
• Irritability
• Feelings of fear and anxiety about exams

Accommodations can include:

• Preferential seating, near door
• Prearranged or frequent breaks
• Audio recorder, note-taking assistance
• Text, assignments in alternate formats
• Personal and private feedback
• Permit use of computer software
• Extended test-taking time
• Separate, quiet room for testing

Students with Physical Disabilities

The phrase “physical disability” is used to describe a wide range of physical limitations and diagnoses, the most common of which would be someone that uses a wheelchair or other mobility device. Some limitations may be very severe and noticeable, while other are almost hidden or non-apparent.  The most common barrier to academic success for a person with a physical disability is access. Access takes many forms, from a class assigned in an inaccessible building to the person’s own limitations preventing them from taking class notes. As with all other disabilities and impairments, it is important to treat students with physical disabilities fairly. Students with physical disabilities typically are very knowledgeable of both their limitations and abilities and are accustomed to communicating their needs to others.

Examples of physical disabilities include:

• Wheelchair users
• Amputees
• Speech impairments
• Muscular Dystrophy
• Multiple Sclerosis

Some limitations of students with physical disabilities are:

• Difficulty writing, such as class notes and on exams
• Sitting in a standard desk
• Participating in labs where lab tables and equipment are hard to reach
• Transportation
• Classrooms or buildings that are not wheelchair accessible

Possible accommodations include:

• Relocating a class or lab to an accessible building/space
• Audio recorder or notetaking assistance
• Accessible seating or table in the classroom
• Scribe for Scantrons and/or essay exams
• Additional time for completing exams

Students with Autism

College campuses are seeing an increase in the number of students who are diagnosed with Autism. Individuals with autism understand and respond to the thoughts and feelings of others in different ways compared to other individuals. Please note that no two students with Autism are alike in terms of how they respond to others and experience the educational environment.

Below are some examples of what one may encounter when working with students with Autism:

• The social behavior of persons with Autism may be naive and peculiar.
• Some students with Autism expect all people to be good, and it may be jarring for them to learn that some people may try to exploit them.
• They may not understand jokes, irony and metaphors.
• Students with Autism may talk “at” rather than “to” people, disregarding the listener’s interest.
• Students with Autism may talk too loud, stand too close and maintain poor eye contact.
• The individual usually does not accurately convey the intensity of his or her emotions until they are full blown, such that the reaction may appear to be far more intense than the situation warrants.
• Although students with Autism may crave social interaction, their unusual manner may rebuff others, leaving them feeling misunderstood and isolated.
• Difficulty “fitting in” with other college students (many students with Autism know they are different, there are some students that may have a desire to be “typical”).
• Social immaturity (interest in relationships can be appropriate for their physical developmental level, but their social developmental level may lag behind).
• Lack of structure (students may not know what to do with much more free time than in high school)
• Experience difficulty with classes that are not within their interests (often have preoccupations and they may not see the relevance of “core curriculum” classes).
• Difficulty dealing with ambiguity and lack of problem solving skills.
• Difficulty getting a job after college (poor interviewing skills, limited knowledge of how to look for a job, lack of references).

When interacting with a student with Autism:

• Use clear, specific language (avoid slang or regional terms).
• Give specific directions.
• Find out the students strengths and limitations and advise accordingly.
• Get to know the student so he/she will feel comfortable coming to you with problems.
• Help connect students to academic advisor or other professional who can be a resource.
• Set explicit guidelines for classroom behavior.
• Parents may be more involved in their student’s lives compared to other students.
• Communicate with the student’s Access Coordinator in Disability Resources if you observe any behavior or interactions that you are unsure of how to approach.

Instructor Rights:

• Insist that all students adhere to the Spartan Code and the Academic Integrity Policy
• Require students to present letters of accommodation from Student Accessibility Services before allowing accommodations
• May request a signed agreement from students for the audio recording of lectures, and must request an agreement for modified attendance. These forms are available to the student via Accommodate by Symplicity
• Reach out to Student Accessibility Services directly any time you feel an accommodation fundamentally alters the nature of the course. Please contact the SAS staff member assigned to that particular student (see above).
• Accommodations are not retroactive. Accommodations can only be applied to situations from the time of approval, moving forward. All accommodations usage must follow appropriate protocols.

Instructor Responsibilities:

• Shared institutional responsibility for providing student accommodations, in partnership with Student Accessibility Services, through a timely, good-faith, due diligence process
• Assist Student Accessibility Services with identifying appropriate accommodations for your course, when requested
• Provide reasonable accommodations when a letter of accommodation has been received
• Include a Student Accessibility Services statement on your syllabus:
  • If there is a student who requires accommodations because of any disability, please go to the Academic Success Center on the second floor of the Jenkins Technology Building for information regarding registering as a student with a disability. You may also call (813) 257-5757 or email accessibility.services@ut.edu. Please feel free to discuss this issue with me, in private, if you need more information.
• Consult with Student Accessibility Services whenever there is a question concerning a student with a disability

The Interactive Process

Sorting through reasonable accommodation outcomes require that an “interactive process” occur to make solid rational decisions regarding a student’s accommodation needs. This process affords Student Accessibility Services with the ability to make equitable accommodation decisions that address student barriers to their education while accounting for the academic and campus standards, objectives, expectations, and/or experiences of a particular course or degree program.

In engaging in the interactive process, SAS answers each of the following:

• Is this a student with a disability…
• Who needs an accommodation is reasonable and necessary for equitable access…
• That will logically remove an unnecessary academic barrier (at the intersection of the disability and the environment)…
• Without fundamentally altering academic or campus standards?

Many accommodations will be straightforward and can happen through simple steps and basic transactions. The people who need to participate further in the interactive process will organically evolve as the respective situation unfolds.

In addition, the process could involve substantial conversation with the student, SAS, and the instructors to explore accommodation options. In some instances, other academic administrators may become involved. Overall, the process needs to play out through a good faith effort and analysis until a logical and reasonable decision has been made in which a sound outcome and rationale can be provided.

Fundamental Alteration

A fundamental alteration review may become necessary part of the interactive process. A fundamental alteration occurs when implementation of the accommodation would change the essential aspect of the academic experience (program or course) such that the academic objectives cannot be achieved as designed and/or the academic expectations would be significantly altered or lessened for a disabled student.

In a fundamental alteration, implementation of the accommodation would cause any of the following (not exhaustive):

• It becomes impossible to accurately assess the individual student’s learning, knowledge and coursework relative to the required course, program or degree goals, learning objectives and essential elements.
• It becomes improperly easier for a student to fulfill the mandatory elements or learning objectives by substantially modifying or removing academic standards required of all other students for the course, program or degree achievement.
• Implementation would become an administrative or financial burden.
• Implementation would pose a health or safety risk to the student with a disability or others within the academic setting.

Accommodations are more likely to be fundamentally altered if academic standards are logically impacted without identifiable alternatives to equitable access. Common academic standards include:

• University academic requirements.
• Degree requirements.
• Course requirements.
• Learning objectives.
• Technical standards for specific programs.
• The need for grades and evaluative measures.
• Decisions on how to evaluate students in the classroom.

Once an academic standard is established, students must meet the criteria with or without reasonable accommodations. If an accommodation changes how a standard can be met but does not modify the standard, the accommodation will likely be reasonable. If the accommodation implementation modifies the standard overall (such as attendance modification not being reasonable for a music class) or at a certain threshold (such as no more than two absences for a music class), then it may very likely be an unreasonable accommodation. Other options need to be assessed when practical. While the facilitation of most accommodations will not result in a fundamental alteration, institutions can determine that certain accommodations within certain courses and program experiences are fundamental so long as a careful, thoughtful, and rational review of the academic program and its requirements exists.

Factors to be considered in determining whether an academic standard is an essential include (not exhaustive):

• The nature and purpose of the program and course.
• The relationship of the academic standard to the functional elements of the program and course.
• Whether the academic standard is required for licensure or certification in a related occupation or profession.
• Whether the requirement is consistent with similar programs at other educational institutions and with relevant national and expert guidelines; If not, is there any unique justification for a requirement that other educational institutions do not generally adopt?

To determine whether an accommodation fundamentally alters the nature of a course, faculty who teach or who have taught the course should be able to identify the essential academic standards of the course, the requirements that go to the very nature of the subject matter, or requirements that are of the utmost importance in achieving the course, program, or degree objectives. The syllabus document serves as the initial checkpoint for this assessment. What exists in writing carries more weight than what is stated. From the reviewer’s perspective, too many faculty fundamental alteration claims fall apart during the syllabus review.

While not an exhaustive list, potential questions to ask to assess whether a fundamental alteration may be in play:

• How is the standard or expectation communicated in program materials and course materials (usually the syllabus) through outcomes, learning objectives or other end goals?
• What essential requirements for the course and program provided to
• students in writing?
• What are the unique qualities of the course in relation to its overall objectives, and how does this align with the program in which the course is required?
• What are the specific requirements that individual instructors believe are fundamental to teaching the course/program and assessing student learning and performance?
  • Would a specific accommodation invalidate these requirements or lower the expectations held of students relative to the requirements, and how if so?
• Will the requested accommodation lower the academic standards of the course/program? How will the standards be reduced if so?
• Why was the specific academic standard (such as a presentation) chosen for the course? How does this align with the curriculum or program's bigger-picture learning objectives?
• Why is the standard the instructor believes will be lowered important to the course/program?
• Has the program or professor modified the standard in other student situations? If yes, how is the current situation different?

SAS will lead the fundamental alteration process, engaging with other relevant members of the institution as needed. Ideally, mutual decisions are made. The depth of the dive into determining fundamental alternation will vary based on the situation. In some cases, a fundamental alteration can be identified within a few rounds of communication. In other instances, substantial exploration is needed to make an informed decision.

Most accommodations will not result in a fundamental alteration. In potential fundamental alteration situations, accommodation alternatives can often be identified. 

Discussing a Possible Fundamental Alteration – Contact SAS

Reach out to Student Accessibility Services directly any time you feel an accommodation fundamentally alters the nature of the course. Please contact the SAS staff member assigned to that particular student (see above).

Have a student in your course who is approved for exam/quiz accommodations through SAS? Use the chart below to gain insight into how the Testing Center processes exam/quiz requests once a student makes a request to take their exam/quiz with their approved accommodations:

Guidelines and Responsibilities

• Modified Attendance
• Extension on Assignments