Services for Students with Disabilities

Table of Contents

Mission Statement
About this Booklet
Acknowledgments
Questions and Answers
Legal Basis
Transition to College
About Access
Access to Academics
Special Services
Test Transmittal Form
Release Form

Services for Students with Disabilities Mission Statement

"To ensure equal access for students with disabilities at IPFW." In accordance with federal mandates, the Services for Students with Disabilities (SSD) office has a primary mission: to ensure that all students with disabilities can freely and actively participate in all facets of university life and to provide and/or coordinate support services and programs that enable students with disabilities to maximize their educational potential.


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About this Booklet

The right of access to the programs, services, and activities of Indiana University-Purdue University Fort Wayne (IPFW) by people with disabilities raises many questions of the campus community. In this booklet, we hope to summarize and respond to some of the most important of these questions for all applicants for admission, students, faculty, and staff.

In the original edition we invited comments from readers on what would be needed in future updates. Some asked that we revise for a community audience; others, that we give more examples to illustrate abstract points. Still other commenters raised new questions and asked for more information about the Americans with Disabilities Act of 1990 (ADA) as it applies to higher education. We thank the community for this feedback and hope this update fills initial gaps.

For information or assistance please visit, call, or write us at Services for Students with Disabilities, Walb Memorial Union, Room 113, Indiana University-Purdue University Fort Wayne, IN 46805; telephone: 260-481-6657 (voice/TTY). Scheduled appointments are recommended. You may also contact the accommodations specialist/S counselor at waskiewa@ipfw.edu.
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Acknowledgments

We wish to acknowledge and congratulate the Adaptive Programs staff of the Office of the Dean of Students at Purdue University West Lafayette for their work in cooperation with the Purdue Faculty Senate Educational Policy Committee and Purdue attorneys in developing the landmark pamphlet "Removing the Barriers". That pamphlet and the original edition of this work were developed separately as a part of the universities' obligation to respond institutionally in implementing many of the regulations of the ADA. Though this edition of Access . . . (with its new name Access to the Academic Programs of IPFW for Students with Disabilities) remains the house that Randy Borst of IPFW built, much of the information presented in this update, indeed some of the language in it, is borrowed from "Removing the Barriers". We also followed Purdue's lead in presenting the text in a query format, which we hope will make needed information convenient to locate and contextually clear.

Finally, we wish to thank the following persons for reading drafts or sections of drafts of this edition and making comments on technical accuracy or just helping to work out kinks in the text: Frank L. Borelli, Randy Borst, Jack C. Dahl, Lauren D. Denhartog, Leonard Fiedler, Steven Hollander, Frederick Kirchhoff, Steve Scott, Gail Renz, Gina Roberts, Karl F. Zimmerman, and Marian K. Zimmerman.
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Questions and Answers

Legal Basis

Q: What is the legal basis for the right of nondiscrimination against people with disabilities in higher education?

In 1978, the U.S. Department of Education (DOE) issued regulations to implement Section 504 of the Rehabilitation Act of 1973. These regulations applied to institutions receiving federal funds. Section 504, as revised, states in part:

No otherwise qualified individuals with disabilities in the United States . . . shall, solely by reason of the disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

The Americans with Disabilities Act of 1990 (ADA) is a broad affirmation of Section 504 administrative regulations. Its application is not limited to federal recipients, however, and it is expressly actionable in federal court. As a result of the ADA, people with disabilities now have the civil right of equality of opportunity in these major workings of American society: employment, services of state and local governments, public accommodations, transportation, and telecommunication. Though ADA has garnered more public attention and consumer sentiment than has the Rehabilitation Act, the latter is still in force.

Q: How does the ADA apply to IPFW?

Stated simply, two titles of the ADA apply to IPFW: Title I requires nondiscrimination in employment. Title II requires nondiscrimination in all programs, services, and activities of state and local governments, which includes publicly supported colleges and universities. The ADA Access Guidelines, an appendix to U.S. Department of Justice (DOJ) Title III regulations, govern physical access features of new building construction and remodeling. Some other parts of the ADA apply as well, but these are sufficiently cross-referenced in Titles I and II

Q: Who are the ADA/Section 504 coordinators at IPFW, and how can the coordinators be contacted?

The ADA/Section 504 co-coordinator position is unfilled at this time. This coordinator chairs IPFW's ADA committee and reports to the chancellor of IPFW on all matters of ADA compliance. The additional University ADA co-coordinator is Dave Danielson.

The coordinator's office is located in the Walter W. Walb Memorial Union, Room 113. The telephone number is 260- 481-6950, 260-481-6657 voice/TTY; fax: 260-481-6045. Email the ADA coordinators at danielson@ipfw.edu

Q: What are IPFW's complaint procedures for students?

Students having complaints concerning actions or decisions which are claimed to violate rights under the ADA must first seek to resolve their complaints at the lowest unit level. Good-faith efforts will ensure the timely handling of such complaints. The ADA co-coordinator may be designated to investigate, mediate, and suggest a resolution. Other administrators or faculty may also assist in resolving the complaint. Only after all such remedies have been exhausted, may a hearing be requested before the Campus Appeals Board. The Campus Appeals Board shall have the authority and duty to reach findings and to convey recommendations to the chief administrative officer of IPFW.

Q: What is a disability?

Both the ADA and the Rehabilitation Act define disability as: a) a physical or mental impairment that substantially limits one or more of the major activities of life; b) a record of such an impairment; or c) being regarded as having such an impairment. A physical or mental impairment is defined as "any physiological disorder or condition, cosmetic disfiguration, or anatomical loss affecting one or more . . . body systems." An impairment constitutes a disability only if it is severe enough to result in a "substantial limitation in one or more major life activities" for the individual in question. Such activities are defined to include the ability to perform functions such as walking, seeing, hearing, speaking, breathing, learning, working, performing manual tasks, and taking care of oneself.

Q: How is disability documented at IPFW?

Acceptable documentation of a disability depends on what the disability is and the extent of the request. The student must provide appropriate documentation as an eligibility requirement. Requests for services and accommodations intended to effect special access to academic programs always require formal documentation. Formal documentation must include records or written statements from a professional who is licensed to practice in the field appropriate for diagnosing and/or treating the disability in question a physician, optometrist, audiologist, physical or occupational therapist, psychologist, etc. All persons seeking services through SSD must provide appropriate documentation to determine program eligibility.

Formal documentation should state the name of the diagnosed impairment. It may need to give information on how the disability limits one or more of the major activities of life for the person making the service or accommodation request. Written instructions with regard to what services and accommodations might be provided may also be valuable or even necessary again, depending on the nature of the request. For example, a student requesting accommodations on the basis of a learning disability must provide a written statement from a licensed psychologist or psychiatrist which specifically states 1) the nature of the disability, 2) a description of the way(s) in which the disability substantially limits the student's academic activities, and 3)any suggestions for remediation.

For answers to specific questions about disability documentation, please contact the director of Services for Students with Disabilities (SSD).

Q: Does the ADA require affirmative action or grant special advantages to students with disabilities?

No. The law does not require "special treatment" for people with disabilities only equal opportunity. There is no obligation to change academic requirements and/or standards that the university "can demonstrate are essential to a program of instruction . . . or to any directly related licensing requirement." The law is very clear that an individual with a disability must be qualified for a program in order to participate in it. Q: Do the employment provisions of the ADA cover student workers?

Yes. The employment provisions of the ADA apply to all employees at IPFW full-time, part-time, and student workers. For information about disability and employment, please consult with the personnel office in Kettler G56.
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Transition to College

Q: Are policies and procedures for meeting special access needs of students with disabilities the same in college as they are in high school?

No. The laws which are applicable to K-12 institutions are distinct from those which are applicable to post secondary institutions: the laws have different approaches to meeting the needs of students with disabilities.

Primary and secondary schools are required to identify students with disabilities. Public school systems are required to provide a free and appropriate education for these students under "individual education plans." Thus, many families of students with disabilities incorrectly believe that records of disability automatically transfer from high school to college along with academic records and that the college then continues services and accommodations much as was done in high school. To the contrary, in post secondary education the responsibility to identify disability lies with the student, if he or she desires to request services and accommodations on the basis of disability. In fact, prior to the admission decision and notification, post secondary admissions offices are prohibited from asking applicants if they have disabilities. The institution does, of course, have a duty to notify the people it serves that services and accommodations are available and how to request these services.

Q: Does IPFW have special admission standards for people with disabilities?

No. Disability is not a factor of the admission decision; admission standards are the same for all.

Q: How can an applicant for admission request special services and accommodations?

SSD is not limited to serving students only. If an applicant for admission needs disability-related services at any step in the admissions and enrollment process information in accessible formats, help with filling out forms, standing in lines, sign-language interpretation, etc. assistance is available. Visit or write SSD at IPFW, 2101 Coliseum Blvd. East, Walb 113, Fort Wayne, IN 46805-1499; telephone: 260-481-6657 (voice/TTY).

Q: Are students with disabilities required to take placement tests?

Yes. Placement testing for writing, reading, and math are required of all students, with or without disability, before registration for many IPFW courses is permitted. Students requesting special services for placement testing must give evidence that special services are needed. Accessible placement testing is provided via request to Placement Services for an accessible workstation reservation.

Q: Does IPFW provide transportation or attendant care?

No. Students are responsible for their own transportation to and from campus and between classes and buildings once on campus. They are similarly responsible for self-care or for arranging attendant care for activities such as eating, medical treatment, toileting, showering, etc. IPFW is not legally required to provide these services, and university staff has not received training to provide these services adequately. In times of inclement weather or other emergencies, however, university police and SSD staff are available upon request to escort students across campus.

Q: Does IPFW provide special services to students seeking certificates and associate degrees in vocational technical programs?

Yes. SSD receives grant monies under the Carl D. Perkins Act to provide special services for students with disabilities who are enrolled in certificate or associate degree, vocational/technical academic programs. These services may include special tutoring, psycho educational assessments, the purchase of special equipment for use at school, etc. IPFW strongly encourages students with disabilities to consider technical careers and to that end has prepared a plan for using Perkins funds to provide special services. Inquire at the SSD office.

Q: Are there any financial aid sources, including scholarships, especially for people with disabilities?

The major grant and loan sources make no special allowance for disability itself in the determination of program eligibility or grant amounts. However, students whose disabilities cause additional expenses may submit a Special Conditions Appeal Form, available at the IPFW financial aid office. Some aid programs allow these expenses to be considered as part of the student's cost of attendance. Several private organizations, including the Fort Wayne chapter of the National Federation of the Blind and some local service clubs, offer scholarships on the basis of disability. The Fort Wayne Street Rod Association makes a sizeable annual donation to IPFW's Disabled Student Scholarship Fund. This fund is supported primarily by proceeds from the association's annual Muddy River Run, held on the IPFW campus. Huntner Scholarships for students with disabilities are also granted. Inquire at the financial aid office in Kettler 109, telephone 260-481-6820; TTY: 260-481-6082.

The State of Indiana has a vocational rehabilitation program, dually funded by the state and the federal government. Program eligibility is based on a disability that materially limits the ability to work and the need for services. The Fort Wayne office is located at 219 West Wayne Street. The telephone number is 260-424-1595; TTY: 260-426-8905; email sscott@fssa.state.in.us or grenz@fssa.state.in.us.

Q: How do the state vocational rehabilitation agency and IPFW coordinate services for students with disabilities who are VR clients?

Vocational Rehabilitation Services (VRS) and the IPFW financial aid office financial information on a form known as the Financial Aid Communication Form (FAC). Government regulations require that VRS not pay for tuition, student fees, or books and supplies beyond the amount of unmet financial need, which is determined through government regulations. Similarly, the financial aid office must take into account funds that VRS plans to authorize for these services. This is the reason for the FAC. The long process of exchanging information and arranging state authorization and direct payment to IPFW routinely does not meet IPFW fee-payment deadlines. Thus, it must be the student's responsibility to monitor communication between VRS counselors and IPFW and to request fee-payment extensions in person at the financial aid office before fee payment deadlines fall. All such deadlines are clearly stated on the fee statement provided by the IPFW bursar following registration for classes. Do not assume once the VRS counselor agrees to pay for educationally related expenses at IPFW, that the rest is automatic and the student need not be involved any further in business matters between VRS and the university.

VRS and the director of SSD also communicate formally and informally in other ways on students' behalf. They exchange information about student needs, refer students to one another, and cooperate, with student permission, to exchange medical information in the interest of documenting eligibility for services. At a broader level, the Indiana Association on Higher Education and Disability (IN-AHEAD) and the management of VRS are currently working together to improve working relationships between post secondary institutions and VRS in the interest of serving student-clients better.

Q: Is there an organization of students with disabilities on campus? 

Yes and anyone in the IPFW campus community can join. The name of the organization is disAbled Students Excelling in Leadership (affectionately known as dASEL). dASEL is an officially recognized student organization of IPFW. dASEL's mission is to serve as a students' sounding board to the university administration and to provide a forum for students and other interested persons to meet in mutual support. Membership in dASEL develops leadership and exemplifies academic and personal success. The annual membership fee is $1 for students or $2 for faculty and staff. The director of SSD is proud to serve as IPFW's advisor to dASEL. For further information, contact Student Activities or SSD.
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About Access

Q: What is accessibility?

The word "access" has two formal applications: physical access and program access. Physical access has to do with things like designated parking, curb cuts and ramps, door widths, location and type of elevator control buttons, service-counter heights, signage etc. The ADA contains detailed, enforceable guidelines to assure access to new buildings and to existing facilities as they are remodeled. Program access refers to an allowance that special services and accommodations be made by state and local governments where existing facilities are inaccessible, so that people with disabilities can participate in and benefit from government-provided programs, services, and activities. When existing facilities are inaccessible and program-access services would be ineffective, physical facilities must be modified in accordance with ADA access guidelines. To illustrate, an employee could walk around a built-in inaccessible counter to work at a table with a person who uses a wheelchair but could not help the same person use an inaccessible washroom.

More generically, the word "accessibility" has to do with equality of opportunity. The ADA requires special services to that end, and "reasonable modifications in policies and practices" to assure nondiscrimination. Nondiscrimination against people with disabilities can be stated more positively as the right of access.

Q: Speaking of physical access, how can a student obtain a permit to use accessible parking?

Two items are required for students to obtain permission to park in accessible parking places: a note from a medical doctor documenting the need and a parking-fee payment receipt. All students are required to pay a parking fee each semester. Take the doctor's note to Police and Safety, located west of the Classroom-Medical Building.

Q: Does the university honor "handicapped parking permits" issued by the city and state?

Yes. These permits are honored when used by members of the general public. Students, however, are required to pay the parking fee and also display a university-issued permit. If the student's motor vehicle has a state license designated for accessible parking, IPFW Police and Safety will grant the university permit without need of further documentation.

Q: Can special class-scheduling needs be accommodated?

Yes, under certain circumstances. IPFW recognizes that special scheduling needs can arise from disability. Hence, priority can be given to students with such needs, to assure an equal opportunity to participate in academic programs. Eligibility for priority registration is based on actual special needs imposed by disability; simply having a disability is not enough. Some examples would be the need for extended time to ambulate across campus or take a break between classes, medically prescribed dietary and other treatment schedules, side effects of medications, disorders that alter sleep cycles, and the need to order accessible textbooks well in advance of the beginning of a class. Students who plan to request priority registration are advised to contact their academic advisors to set appointments for academic advising in advance of announced registration periods. Should any question arise as to the appropriateness of priority registration for a given student, advisors are requested to contact the director of SSD.

Q: If a classroom is inaccessible to a particular student, can the class be moved?

Yes, although the need to move a class to a different room in order to enhance accessibility rarely presents itself at IPFW, there is a simple procedure for doing so. Any student having this need should contact SSD and explain the difficulty with the current location. SSD staff will work with the course instructor and registrar to identify an appropriate alternative location. The academic department or school offering the class must complete a Form 200 and submit it to the registrar immediately, to confirm the change and reserve the new room.
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Access to Academics

Q: Just what is a "reasonable accommodation"?

The term "reasonable accommodation" comes from legislation covering nondiscrimination in employment, not from that covering access to state and local government services. Employers are required to make "reasonable accommodations" for employees and job applicants with disabilities. The ADA defines reasonable accommodation by examples:

"Reasonable accommodations" may include (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

The term's catch all nature, ease of use, and neutral appeal have led it into generic use, but "reasonable accommodation" is not found in the federal regulations in any context but employment. Though much of what is done to achieve access to academic programming looks a lot like "reasonable accommodations," discussions of whether a particular request is "reasonable" may be spurious in the light of two alternative legal concepts which set higher standards for educationally related adaptation than what is merely reasonable "auxiliary aids and services" and "academic adjustments."

Q: What are auxiliary aids and services?

Auxiliary aids and services are defined as equipment and direct personal services to facilitate communication with people whose impairments require them. While an exhaustive list is not possible, we can give some examples of auxiliary aids and services: qualified sign-language interpreters, readers, scribes; real-time transcriptions; assistive listening devices; braille, large-print, or tape-recorded textbooks, assistive computer technology and software; etc.

Q: What are academic adjustments?

The U.S. Department of Education (DOE) regulations implementing Section 504 of the Rehabilitation Act, as it specifically applies to post secondary educational institutions, define academic adjustments as "adjustments to academic requirements and practices that discriminate or have the effect of discriminating on the basis of disability." DOE regulations give an example of allowing a deaf student to substitute a music or art history course for a required music appreciation course. The requirement of academic adjustments permits students with disabilities to use needed aids and equipment in the classroom such as tape recorders, calculators, braillers, and service animals. Similarly, the ADA requires "reasonable modifications in policies and practices" to assure nondiscrimination.

For the sake of brevity, this handbook generally refers to auxiliary aids and services and academic adjustments as "services and accommodations."

Q: How does a student become eligible to receive services and accommodations?

Eligibility for services and accommodations is determined by the director of SSD in an assessment made in a meeting between the director and student. Three factors are taken into account; information given by the medical or psychological documentation, the student's adaptive experiences, and the professional judgment of the director (who is trained and experienced in identifying the functional limitations of and mitigating approaches to disability).

Q: How are faculty and staff informed of needed services and accommodations?

The eligibility assessment concludes with a written description of services and accommodations recommended as necessary for the student to have an equal academic opportunity. Personalized memoranda detailing these needs are then prepared, with written permission from the student (see Appendix B), and sent via campus mail to the university personnel involved in providing the needed service or accommodation.

Q: What information about the student is given in such a memorandum? 

Information stated in a memorandum to a faculty member or administrator with regard to the provision of services and accommodations for a student on the basis of disability is selected according to academic need-to-know. The student's right to confidentiality of medical records (including diagnosis and other personal facts about the disabling condition) is always protected. The student is identified as a student with a disability, however, and a general description of how the student's impairment supports recommended services and accommodations is given. Recommendations of the director of SSD are listed and described, and the person receiving the memorandum is invited to contact the SSD office if further assistance is needed.

Q: How can the student be certain that services and accommodations will be made?

Once the student is determined eligible to receive services and accommodations and the faculty and staff are notified, it becomes the student's responsibility to make timely contact with faculty and staff to discuss and arrange those services and accommodations. This requirement is not intended to complicate the process or place administrative burdens on students. The purpose is to keep students informed and to become their own best advocates. SSD will provide advocacy and other services as needed by the student in meeting this requirement.

Q: What are the time guidelines for requesting services and accommodations?

Students must make timely requests. A student who knows in advance that services and accommodations will be needed must notify SSD of this, no later than 3 weeks after the beginning of the semester or 6 class sessions after the beginning of a class shorter in length than 16 weeks. Those who need highly specialized services such as sign-language interpretation or tape-recorded textbooks should notify SSD of this at least six weeks in advance of the semester. Even this length of time for advance notice may not be adequate in extreme circumstances. These guidelines are not intended to restrict access; they have been arrived at in order to assure that services and accommodations are adequately documented, validly determined, and communicated and arranged so as to be effective while preserving the integrity of both academic and disability-related programming.

Late requests are not rejected out of hand. Sometimes, documentation can be difficult to obtain. Disability can be acquired or can become newly identified late in the semester. Sometimes students, especially new students, inform SSD early about their disabilities but want to "try it on their own" without services and accommodations services and accommodations they find necessary as the semester progresses. Sometimes, too, the student has insufficient academic experience to know early in the semester what limitations the impairment is likely to impose. Nevertheless, students must respect the fact that eligibility and communication processing take time to administer properly and ethically. Therefore, last-minute requests for services and accommodations may be denied on the basis of their untimeliness.

Q: Can services and accommodations include adapted testing procedures such as extended time limits, and is this fair to other students?

Yes. Regulatory authorities and the courts have concluded that extended time on examinations is an appropriate academic adjustment in those instances when no compelling case can be made that the examination in question is specifically designed to measure speed of completion. These authorities have made it clear that results of an examination should accurately reflect an individual's aptitude or achievement level, understanding and assimilation or whatever the test purports to measure instead of an individual's impaired sensory, manual, or speaking skills. An instructor who wished to dispute the application of these presumptions for a particular examination would have to demonstrate to the satisfaction of investigating authorities that completion of the examination within a period uniform for all students, regardless of disability, is an essential element in the "aptitude or achievement level . . . [that] the test purports to measure."

In furtherance of the right to test-time extension many Courts have required state Boards of Bar Examiners to increase the standard time for applicants with disabilities to take the bar exam. Typically, two days are allowed for bar examination, but courts have required up to four days in cases where evidence supporting such a request was provided by a licensed professional. For example, the U.S. District Court for the Western District of New York recently ruled that a bar exam applicant with a significant visual impairment must be allowed a four-day examination period rather than the standard two-day period. Consistent with these rulings, the DOE, Office for Civil Rights has confirmed that extended time for examinations is an appropriate academic adjustment for students with learning disabilities, some physical impairments, and some emotional illnesses.

Q: How is the appropriate test-time adjustment determined?

The director of SSD typically recommends a range of 50-100 percent time-limit extension for in-class quizzes and tests, based on the extent of limitations imposed by the disability and the student's residual capacities. In some cases, such as those in which tests with complex items are read to the student, longer extensions may be required.

Notwithstanding these procedures, specific instructions written by the student's physician, psychologist, or other qualified medical-service provider are given "great weight" by federal investigators and the courts, according to the Disability Rights Education and Defense Fund (DREDF). (DREDF provides ADA training recognized jointly by the U. S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC).)

Q: Who is responsible for providing services and accommodations for administering tests to students with disabilities?

Bottom-line authority and responsibility for test administration are held by the faculty; however, school office facilities and staff levels are often inadequate to assure that special services and accommodations are suitable. For this reason, faculty members commonly utilize the facilities of SSD to assist them in administering in-class tests and quizzes. It is the responsibility of the student who needs this service to make special arrangements with faculty for delivery of test materials to SSD. It is also the student's responsibility to schedule the service time at SSD. Changes in scheduled test times CAN BE MADE ONLY by permission of the teacher assigning the test. After proctoring, all test materials are returned to the faculty by SSD staff. Supervised test security is promised by SSD.

All test materials sent to SSD for proctoring should be accompanied by the Accommodated Test Transmittal Form available from SSD. The purpose of the transmittal form is to provide SSD staff with needed information to assure the student taking the test has an equal opportunity with nondisabled peers the time allowed for test completion within the recommended range and allowances given the class such as open books, calculators, class notes, etc.

Q: What if a member of the faculty and the director of SSD disagree on what services and accommodations are appropriate in meeting a student's stated access needs?

The university as a whole is legally obligated to make necessary and appropriate adjustments and to provide free and effective services and accommodations for students with disabilities. Though most always routine, this process can require discussion. While the diverse effects of disability are unique to the individual and need to be evaluated by the trained eye, academic necessities do vary from discipline to discipline and need to be established by academic authorities. Therefore, SSD does not have unqualified responsibility to determine, and a member of the faculty does not have unlimited authority to deny, service and accommodation requests without rigorous consideration of all pertinent facts.

A faculty member who believes that a recommended academic adjustment or result of a student grievance fundamentally and irreparably debases the academic integrity of a course or academic program should contact the director of SSD to discuss the matter. Either party to such a discussion may in turn consult authorities such as department chairs and deans. If disagreement persists, the faculty member may contact the chair of the advisory committee on services for students with disabilities, who will investigate, mediate, and attempt to resolve the disagreement. A refusal to honor recommended services and accommodations could form the basis of a student complaint.

Q: In reserving judgment about the appropriateness of services and accommodations recommended by the director of SSD, are faculty and administrators permitted to require a student to reveal information about the type or effects of the student's disability? 

No. Medical and psychological facts about a student's disability are personal and confidential, and need only be revealed to the director of SSD for service and accommodation determination. Once the director of SSD has properly notified involved faculty members and administrators that a student has an impairment which requires services and accommodations, judgment can only be reserved on the basis of academic necessity or undue financial and administrative burdens (which are rare), not on the basis of presumptions about disability.

Q: Do students with disabilities have the right to expect teachers to allow special consideration when setting class-attendance policy?

No. Class-attendance policies are set by teachers individually, according to academic necessity. Lecture materials, collaborative learning activities, utilization of laboratory and other equipment, etc., make up unique and essential elements of the teaching, learning, and performance process. Teachers have the right to determine the degree to which class attendance affects learning outcomes and the extent to which individual student attendance meets standards for satisfactory completion of the course. A student who cannot attend class because of disability, illness, or other reasons, may not be qualified to participate in the class.

No policy of IPFW, however, is exempt from the ADA requirement for reasonable modification of policies and procedures needed to assure nondiscrimination on the basis of disability. Therefore, if a requested excused absence were made on the basis of disability and the student could miss class and still fulfill course learning and performance requirements, modification of attendance policies should be considered, in consultation with the director of SSD.

If the university were somehow responsible for a student's having to miss class, program access services would be necessitated in addition to waiver of attendance policy. For example, let us say that five minutes before the start of a class located on the third floor of a building, a student finds that an elevator has just gone out of order. The student's disability impairs his or her ability to climb stairs, and it is too late to move the class. The university would be obligated, then, to provide services which would make up for the loss experienced by the student, and the student could not be penalized for having missed the class.

Q: Can people with disabilities be required to take advantage of special programming designed for them?

No. The ADA explicitly leaves to people with disabilities the option of taking or not taking advantage of special programming made available to them. DOJ's Interpretive Guidance to its ADA Title II regulations give the example that a blind person could not be required to select a museum tour specially designed for people who are blind. At IPFW, a student with a disability who is not requesting special services and accommodations cannot be required to visit or contact the SSD office.

Faculty and administrators are always within their rights to refuse academic adjustments requested on the basis of disability in cases where the student has not given due notification to SSD and/or has not been determined by the director of SSD to be eligible for these adjustments.

Q: Are faculty and staff permitted to refer to SSD, students who have not identified themselves as having disabilities but who are having significant academic problems?

Yes. Of all questions asked of SSD staff by concerned faculty, this is the question most common. Many students have undetected disabilities whose limitations negatively affect academic performance. Yet, because most academic problems are not disability related, faculty and staff often are uncomfortable, understandably, with the risk of errantly putting the disability label to academic problems, even significant and persistent ones. Still, in the context of offering help and information, it is perfectly legal and acceptable to inform students about the existence and location of SSD and to tell them that we can informally provide guidance and counseling on academic problems and that certainty of disability is not required for this service. We can also provide information and referral services to those students seeking psycho educational assessments to detect possible learning or other disabilities.

Faculty and staff are welcome to contact SSD to discuss confidentially any concerns they have about student needs which may be disability related. It should be added here that the ADA protects the civil rights of people who are falsely regarded as having disabilities. All campus-community members not licensed to diagnose disability should take care to avoid speculating, even with the best of intent, about whether a student has or does not have a disability.
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Special Services

Q: Does SSD have a special resource room?

Yes. SSD has a special resource facility in Walb Memorial Union, Room 113. Staffed by Ana Waskiewicz, a learning disabilities specialist/counselor, the facility is equipped with talking and large-display computers, a reading machine, electronic spell checkers, cassette transcription machines, specially adapted cassette recorder/players, braille equipment, carbonless note-taking paper, and more. This is where accommodated exams are proctored, work study readers are assigned, and special materials are stored. Students with disabilities are encouraged to use the resource room for their special academic needs. It may be necessary to schedule equipment use time for certain items.

Q: Are special advising and counseling services available?

Yes. Students with disabilities sometimes need specialized counseling and advising related to disability issues. For example, sometimes these students need to take disability into consideration when deciding on course-load size, course selection, special vocational/career plans, daily schedules, available services, etc. We can sign registration cards only with the expressed approval of the assigned academic advisor as a program access service. SSD cooperates with Career Services to assist in career development for students with disabilities. These services begin with career counseling that takes the functional limitations, residual capacities, and career interests of the client/student into consideration. Help with developing a résumé, writing cover letters, and preparing for the job interview are included in collaboration with career services personnel.

Students may seek one-on-one personal counseling to assist them with academic and personal adjustment to disability via appointments scheduled with Ana Waskiewicz, Accommodations Specialist/Counselor at (260) 481-6658.

Q: How can the campus community assist persons with disabilities in times of emergency building evacuation?

As per standard emergency procedures, when fire alarms are activated in an IPFW building, elevators move to the bottom level and shut off, effectively blocking building egress to people whose disabilities make them unable to climb or descend stairs. These persons require rescue assistance. Anyone who wants to help a person in this situation and can provide safe rescue assistance with the cooperation of the person in need, may do so. Otherwise we urge that university personnel aware of the location of a person in need of rescue assistance find the nearest safe campus telephone and dial extension 6911 to notify Police and Safety of the location of that person. Campus emergency telephones located throughout the campus may also be used. If the caller on an emergency telephone cannot speak, an officer will be dispatched to the location of the caller. Persons in need of rescue assistance who are in immediate danger should proceed to the nearest enclosed exit stairwell. These stairwells are constructed from fire-resistant materials and would provide the safest location to wait for rescue assistance. Also, we recommend that persons who are aware they would need rescue assistance in times of emergency evacuation carry a loud whistle or portable alarm that would attract rescuers.

Remember, too, that people who are deaf may not hear fire alarms and should be given visual instructions to exit the building immediately.

Q: What should be done if a person becomes trapped on a nonground floor, not during an emergency, but due to an elevator breakdown? 

Call Police and Safety to report the problem; do not carry the person up or down stairs. University police have equipment that is designed for safe evacuation and have the skills, judgment, and physique to effect a safe exit.

Q: Does IPFW accept charitable contributions intended to further the inclusion of students with disabilities?

Yes. The campus community has been fortunate to receive several charitable contributions for such purposes. The graduating class of 1989, for example, raised over $6,000 expressly for the purchase of auxiliary aids. This generous gift enabled the university to acquire several important pieces of equipment software for converting electronic steno type into ASCII code for the purpose of real-time transcription now being used by a deaf student, a large electronic information sign which can display text in a large room or auditorium, and two portable infrared listening-device systems which can be used to send amplified voices to special headsets. The Fort Wayne Street Rod Association has for several years donated part of the proceeds from their Muddy River Run, previously held on the IPFW campus, to IPFW's Disabled Students Scholarship Fund. Snap-on Tools also made a sizeable contribution to that fund in 1992. Interest from the FWSR fund provides scholarship money annually for students with disabilities.

Q: What is the composition of the SSD office?

The SSD office has two professional staff members. The Director is Eric Wagenfeld MA, LLPC, NCC at 260-481-6658. The accommodations specialist/counselor position is currently unfilled. The SSD program has an advisory board of students, faculty, and staff, who are appointed by the vice chancellor for Student Affairs. The committee advises SSD and makes policy recommendations to the vice chancellor. The committee elects its own chair annually. IPFW is an institutional member of the Association on Higher Education and Disability.
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Services for Students with Disabilities provides accommodated exam proctoring services only for registered SSD students who are authorized special test accommodations by the Department Director. All SSD students are required to schedule each accommodated exam administration appointment at SSD at least four days in advance and to provide the new exam transmittal form to their course instructor for approval and signature.
 

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Services for Students with Disabilities Authorization to Release Disability Information

Student name (please print or type):
 

I hereby grant the director of Services for Students with Disabilities (SSD) permission to notify my course instructors of my need for services and accommodations, which are based on the limitations imposed by my disability. I understand that the purpose of the notification is to document my eligibility to receive such services and accommodations. Notification may include (1) a nonclinical description of my disability; (2) the way(s) in which my disability substantially limits my academic activities; and (3) the director's recommendations.

Student signature:
 

Date:
 

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