Access to Education



FOREWORD

The University of New Mexico has always prided itself on its willingness and ability to meet the needs of minority students. There is, however, a minority within the student body, not usually identified as such, that requires our attention, i.e. the growing number of students with disabilities who have been admitted and will continue to be admitted to universities across the country.

"Access to Education" has several meanings. To students with disabilities, access may simply mean the ability to reach and utilize facilities, programs, and services available to the entire student population. When closely considering such access, it becomes evident that opening doors and providing parking is not enough. The basic tenet is that the same opportunity being given to other students to attend classes on the merit of their academic qualifications, is also given to students with disabilities. Ultimately, "access" for students with disabilities must be addressed in the University's classrooms.

We tend to think of this group of students as a homogeneous group with similar needs and limitations. However, students with disabilities are as diverse as any other group of students attending the University. The differences in disabling conditions are numerous: the disability can be visible or invisible; some disabilities are present from birth while others are a result of illness or injury; some difficulties produce formidable challenges in everyday life, while others cause relatively minor inconveniences.

As with all other educational institutions in the country, the University of New Mexico has a mandate to accommodate students with various disabilities in the classroom. This mandate comes not merely from Federal law, but from our own moral imperatives as educators and from the mission of the University. Adequate information concerning this very heterogeneous group of students is necessary to implement this intent. This booklet, which accompanies the video "Access to Education," has been developed in an effort to provide this information. With this basic knowledge, we can continue to exercise the degree of sensitivity and effort required to accommodate this highly motivated population.

TABLE OF CONTENTS


THE AMERICANS WITH DISABILITIES ACT



Introduction

The Americans With Disabilities Act became effective for public entities such as the University of New Mexico on January 26, 1992. There are several provisions of the Act that affect the University. The ADA prohibits discrimination in employment on the basis of disability and prohibits discrimination in the offering of programs and services on the basis of disability. The following material will focus on ensuring that the University of New Mexico does not discriminate in its programs and services.


Who's Protected

Qualified individuals with disabilities are protected under the Americans With Disabilities Act. There are two parts to that definition. First, the person must be an individual with a disability as defined under the ADA; second, that person must also be qualified.

An individual with a disability is defined as someone who has, had, or is treated as having, an impairment that substantially limits a major life activity. For instance, a person who uses a wheelchair may have an impairment, such as a spinal cord injury, that substantially limits a major life activity such as walking or working. Individuals who have survived cancer are protected under the second part of the definition because there is a record of an impairment that substantially limits a major life activity. That record of an impairment cannot be used against the individual. Finally, someone is considered to be an individual with a disability even if they do not now have and have never had an impairment that substantially limits a major life activity, so long as they are treated as if they have one. For instance, a student may be a slow speaker. If a faculty member assumes that because of speaking slowly, the student also thinks slowly, and treat that student differently because of that belief, the student may fall within this definition because of being treated as if an impairment that substantially limits a major life activity exists.

Persons who are associated with disabilities are also protected under the ADA. For instance, the University cannot refuse to accept a student who meets the eligibility requirements for admission just because the student's spouse or sibling is diagnosed with AIDS.

Not considered an individual with a disability would be one who is an illegal substance abuser. Homosexuals, per se, are also not considered individuals with disabilities under the ADA.

Being a person with a disability, however, does not mean that one is automatically protected under the ADA. Persons with disabilities must also be qualified. In the academic context, to be a qualified means that a person with a disability must meet all of the eligibility criteria to participate in the University's programs and services and perform at the standards required to stay in those programs. For instance, if a person with a disability does not have the GPA or SAT scores to gain admittance and is not accepted, the University is not guilty of discrimination on the basis of disability because that person is not qualified. However, the University must provide persons with disabilities access to programs to enable them to meet the standards required to stay in a program if it will not cause an undue hardship as defined on a case-by-case basis.


Standard Of Access

The standard for access to programs and services under the ADA is that all programs must be readily accessible to, and usable by, qualified persons with disabilities. In addition, qualified students with disabilities must be provided with equal services in as integrated a setting as possible. The determination of what is an equal and integrated setting will be made on a case-by-case basis. What is appropriate for one person with a specific impairment may not be useful or appropriate for another person with the same impairment.

From an architectural standpoint, this requirement does not mean that every building has to be accessible. However, every program must be accessible.

The University can be creative about meeting the program accessibility requirement. For instance, if a University faculty member offers office hours in a locale inaccessible to someone who uses a wheelchair, that faculty member can provide access through alternative means, such as over the telephone, through the mail or through E-mail, or by meeting the student in an accessible location.


Auxiliary Aids

Providing program accessibility includes making available auxiliary aids to ensure access.

For instance, the University is required to provide sign language interpreters to create access to programs and services for persons who communicate with sign language. The University, however, is not required to provide personal aids such as eyeglasses or wheelchairs. In addition, the University is not required to provide personal services, such as feeding a person or providing assistance in the bathroom.


Modification Of Policy & Procedures

The University is required to modify its policies and procedures to ensure access to programs and services, if the modification will not cause an undue administrative or financial burden or result in a fundamental alteration of a program.

Providing accommodations for taking tests is an example of common modifications to policies. Though under standard policy, students must take an exam within a fifty-minute time period (or longer in the case of final exams), faculty are required to modify that policy for students with learning disabilities, attention deficit disorder, impairments affecting writing, etc.

Recent research indicates that no public entity has ever successfully argued undue financial hardship. Outside Federal agencies do not look at the monetary resources of an individual department or even a college. Rather they look at all of the financial resources for the entire University of New Mexico. Therefore, it is highly unlikely that the University could argue that providing an auxiliary aid or incurring an expense to ensure access to persons with disabilities would be an undue financial burden.


Academic Standards Not Affected

The ADA does not require the University to lower academic standards or fundamentally alter the nature of the programs provided. For instance, if a nursing student with a disability cannot participate in the clinical component of the nursing program, and the clinical component is an integral part of the nursing degree program, the University is not required to waive the clinical component of that program in order for the student with a disability to get a degree. Since the clinical component is a fundamental aspect of the nursing program, waiving it would fundamentally alter the nature of that program, and the University is not required to do that. Accordingly, refusing to fundamentally alter the nature of a program is not discrimination under the ADA.


Equally Effective Communications

One of the most overlooked parts of the Americans With Disabilities Act is the "equally effective communications" requirement. This requirement states that the University has to provide communications to persons with disabilities which are equally effective as those it provides to persons without disabilities.

This means that the University must have telephone devices (TDD) in high traffic public access departments. For instance, the Admissions Department has a TDD so that individuals with a hearing loss who are interested in applying for admission to the University have the same level of communications as persons without hearing impairments.

In addition, the University is required to provide materials in alternative formats. For instance, individuals with visual impairments may ask that written handout materials be provided in alternative formats, such as audio cassettes, large print books, or computer diskettes. This can be done in two ways:

If a student is registered with Student Support Services (SSS), a faculty member may call SSS and inform them that student Smith has requested X accommodation, and ask if student Smith is entitled to that accommodation. The faculty member is not entitled to receive actual medical documentation on the student. The faculty member's responsibility is to confirm that the requested accommodation is appropriate, given the student's disability.

If the student is not registered with Student Support Services, the faculty member can still demand from the student verification of the disability. Verification may be in the form of a letter from the student's physician, or a disability service organization, etc. Again, the faculty member is only entitled to know that the student is in fact entitled to accommodation due to a disability. The faculty member is not entitled to the nitty-gritty information concerning that student's disability.

Assistance in providing materials in alternative formats can be obtained from Student Support Services.

Faculty do not have to automatically transform handout materials they have into appropriate formats in anticipation of such a request. Faculty must, however, work with a student when a request for materials in an alternative format is made.


Shared Responsibility

Students with disabilities bear the primary responsibility for raising their needs to the attention of faculty in a timely manner. Faculty members are not required to anticipate what a student's needs are, but should keep them in mind for planning purposes.

For instance, if a faculty member has a student who uses a wheelchair in class, and the faculty member has planned field trips as part of the course, that faculty member can anticipate that the wheelchair user will have special transportation needs when traveling to, from, and around the site.

Once students disclose their academic needs to the professor, the professor is required to treat those students on a case-by-case basis and to work with them to ensure that their needs are met.

The University is required to provide effective accommodations, not necessarily exactly what the student requests. While faculty members should work with students in identifying their needs and determining how those needs can be met, the University has the discretion to select the accommodation that will be provided, so long as it is effective.

To ensure that the University acknowledges its responsibility to students with disabilities and that accommodation requests for academic adjustments are submitted in a timely manner, faculty members should state on each syllabus that students inform them of special needs as soon as possible to ensure that those needs are met in a timely manner.

Again, once students have identified themselves as having a disability and have made a request, the faculty member is entitled to confirm the legitimacy of that request.


Common Problems

Students with hidden disabilities often have difficulty revealing their instructional needs. Because of previous bad experiences, students may fear that once they have identified themselves as having a disability, they will be stigmatized and treated differently. As a result, they may try to hide or ignore their own needs for as long as possible.

Failure of students to voice their needs to faculty members results in last minute requests for accommodations. Once notified, faculty members should accommodate those requests in an effective manner. However, if students wait until the day of an exam to state that they need extra time for a test, they have failed to raise their needs in a timely manner. Similarly, if students do not relay the need for additional time on exams to faculty until late in the semester, faculty members are only required to grant accommodations from the time the requests are made. Faculty members are not required to readminister prior exams.

Another common problem is that faculty members may try to discourage students from specific fields of studies. The University of New Mexico provides educational programs and services. Anyone who meets the admission requirements and maintains the appropriate GPA is allowed to take courses for which they have prerequisites and are otherwise qualified to enroll. How they fare in the work place is something that those students will encounter at a later date, armed with additional protection provided by the ADA. Though faculty members may try to discourage students to save them from aggravation or disappointment in the future, their primary responsibility as instructors is to provide an education. Accordingly, as long as students meet the academic standards and course requirements for their field of study, faculty members should not discourage them from participating in a program.

Finally, problems arise when faculty members are reluctant to grant exceptions. Reluctance is usually based on the concern that making modifications to policies, such as giving extra time on exams to those qualified, is unfair to other students. The University and its employees are required to abide by the requirements of the ADA. As long as the requested accommodations are appropriate, UNM is required to provide whatever modifications and/or auxiliary aids that will enable students to fully participate in programs and services.

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MOBILITY IMPAIRMENT


Individuals with mobility impairments have difficulty with some form of movement. Some are unable to walk or have difficulty walking. Others may have limited use of hands or arms, may not be able to move their heads or turn their necks, or control their oral musculature. Many of these students use adaptive equipment such as wheelchairs, canes, various types of braces, or communication devices.


Providing Accessibility

Allow students who have to take alternate routes from class to class to be late. If punctuality is essential, mobility assistance or alternative planning may be obtained by the student's contacting Student Support Services at 277-3506.

Keep aisles and doorways free of obstacles. Adjust accessibility in laboratory settings such as sinks, storage shelves, and aisle widths to meet the varying needs of students. Staff in DSS and the Physical Plant will work together to arrange the necessary modifications.


Suggested Instructional Adaptations

  • The burden is on the student to make individual needs known to faculty and staff so that adjustments can be arranged.
  • Provide additional time for exams on a case-by-case basis depending on the individually expressed need of the student. A guideline for additional time on exams is time and a half to double time. Remember, not all students with a mobility impairment will need additional time.
  • Allow alternate arrangements for taking examinations. Adaptations such as oral responses, typed or taped answers, or other strategies may be needed. Student Support Services can offer advice as well as assistance on appropriate accommodations.
  • Customize physical education class activities to enable students to participate within the parameters of their physical capabilities. The Therapeutic Recreation Program in Johnson Center can provide additional information regarding adaptive sports and other leisure activities.
  • Attempt to choose accessible transportation and sites or consider how some sites can be made accessible when planning field trips or field work. Students with disabilities are often the best source of information on this topic.
  • When in a conversation with an individual who uses a wheelchair, try to sit or kneel so eye contact can be maintained.
  • If your office is inaccessible to a student who uses a wheelchair, arrange to meet with the student at another location, discuss the matter over the phone or communicate through E-mail.
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VISUAL IMPAIRMENTS


Students with visual impairments include those with total blindness and those with partial sight. Also included are any impairments which impede visual capabilities such as double or tunnel vision or visual difficulties associated with learning disabilities (e.g., visual-spatial, perceptual speed difficulties or other impairments). Those with partial sight have some vision, may be able to read materials in large print, and may use canes for mobility. Those who are totally blind have no functional vision and rely upon mobility devices such as canes or guide dogs. Individuals who are totally blind as well as those with partial sight may use paid or volunteer readers or assistive devices such as tape recorders, video enlargers, voice synthesizers, braille print, personal computers, or talking books.


Suggested Instructional Adaptations

  • The burden is on the student to make individual needs known to faculty and staff so that adjustments can be arranged.
  • Provide course information as far in advance as possible, so that students can arrange to have materials recorded or transcribed into braille or obtain textbooks on tape.
  • Arrange to have exams and other materials of not more than five pages printed into larger type to accommodate students who are partially-sighted who may not be able to read handouts, blackboards, or exams. Student Support Services (277-3506) provides this service for instructors and requires materials at least three working days in advance.
  • Present a list of required textbooks to Student Support Services as early in the semester as possible (or before classes begin) so that textbooks which have been recorded on tape through the national "Recordings for the Blind" can be obtained in a timely manner. Currently it may take up to 6 weeks for this process to be completed.
  • Make raised line drawings (whenever drawings are used) by tracing over the lines of a drawing, map, chart, or other material with white glue (such as Elmer's Glue). For assistance contact Student Support Services.
  • Allow students who are blind or who have significant difficulty reading to have a reader administer examinations when needed, or administer them orally or with a tape recorder. Arrangements for trained readers and examination settings are made through Student Support Services and should be made at least three days in advance.
  • Consult with Student Support Services staff to determine how much additional time might be appropriate when test- takers (scribes) provide assistance to students with visual impairments.
  • Use a black felt-tip pen when making remarks on papers to assist the partially-sighted students to read your comments.


Mobility Aids

  • Assist students with visual impairments in maneuvering by leaving the classroom door all the way open or all the way closed. Otherwise the door may present an unexpected obstacle. (Re)arrange the classroom to provide large work areas, if appropriate.
  • Ask someone to wait at the door of the original classroom to guide the student to a new location when your class is relocated.
  • Allow students time to orient themselves before offering assistance.
  • Refrain from petting, feeding, or talking to guide dogs. This attention is inappropriate and distracts specially trained animals from their duty.


Speaking Styles

Always identify yourself to students with a visual disability; let them know when you are leaving their presence. Avoid expressions like this, that, here, and there. Instead, provide a concrete description of the material being discussed.

Attempt to keep noise levels and distracting sounds low; consider the acoustic factor in physical surroundings.

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DEAFNESS AND HEARING LOSS


Hearing loss occurs in approximately 10% of all individuals within the United States. The degree of loss varies from mild (difficulty hearing soft sounds) to profound deafness (difficulty or inability to hear even very loud sounds). Hearing loss may affect both the loudness of sounds heard as well as the clarity (discrimination) of those sounds.

Individuals with a hearing loss are protected under the Americans with Disabilities Act (ADA) and may need specific accommodations within the classroom. The type of hearing loss as well as severity will affect the accommodations needed. Remember that students with hearing loss work far harder at "listening" during class than most other students. It is fatiguing and especially difficult when the information is new and complex.


Suggested Instructional Adaptations

  • The burden is on the student to make individual needs known to faculty and staff so that adjustments can be arranged.
  • Allow individuals to select seating which is best for them. They usually prefer to be close to speakers and away from noisy hallways.
  • When lecturing stay relatively stationary, away from windows with bright lights that cast a shadow on the face, and avoid talking with your back to the audience (e.g., while writing on the blackboard).
  • Maintain a relatively quiet classroom. Excess noise (whispering, shuffling papers, loud fans, echoes) are distracting for students with a hearing loss and create further communication barriers.
  • Avoid speaking rapidly and giving complex and lengthy information without providing supportive visual information on handouts or visual aids.
  • Prepare supplemental information using other modalities including written outlines, overheads, or other visual aids.
  • With the student's permission and guidance, request individual amplification devices from Student Support Services (277-3506). These devices include a small transmitter worn by the instructor and a receiver worn by the student.


The Interpreter in the Classroom

If a student's hearing loss is of sufficient severity, he or she may require an interpreter in the classroom. Certified interpreters are arranged for by Student Support Services. When interpreters are used, be sure students have good visual access both to the lecturer and the interpreter. During personal communications with a student, be certain that you speak to and look at the student, not the interpreter.

Many interpreters have attended college for at least four years to prepare for their job. A certified interpreter has gone through strenuous evaluations to obtain an assurance of at least minimal interpreting ability. Interpreting modes can range from spoken English to signed English or can be another language altogether such as American Sign Language (ASL). Effective interpretation of a lecturer's material does not depend solely on the skill of the interpreter. The lecturer can assist the transmittal task by maintaining a reasonable speaking rate and by spelling or defining complicated or unusual terms. Since students using an interpreter may receive information from one to several seconds following its spoken source, allow for that processing time when speaking directly to the student.

Student Support Services (SSS) can provide a number of helpful services as well as assistance in determining reasonable accommodations. Services include signed language and oral interpreters, note takers and note-taking materials (e.g., NCR paper), duplicating services, assistive listening devices, and real-time translation (call SSS for further information). Additional questions regarding interpreters can be directed to the Signed Language Interpreting Program in the Department of Linguistics.

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EMOTIONAL AND MENTAL DISABILITIES


What are They?

Significant patterns of behavioral and psychological signs and symptoms associated with current distress and impairment. They may affect activities of daily living, social functioning, concentration and motivation, and the ability to tolerate stress.

Included are a number of diagnoses that have different symptoms and degrees of functional impairment. Some are episodic and recurrent, while others are chronic. For those disabilities that are episodic, the associated impairment is also episodic; between episodes individuals may function very effectively. Emotional disabilities which are chronic may vary significantly in degree of severity and impairment.

There are psychiatric conditions that can be severe enough to impair academic functioning and adaptability to university life.

There are also specific life and adjustment problems that are the focus of mental health treatment. Usually outpatient therapy and temporary medication are helpful as these problems can inhibit a student from functioning as expected (e.g., divorce, life-threatening illness, death of a loved one). In these kinds of situations, lowered levels of functioning in an academic environment are usually time- limited.


Indicators that may Suggest an Emotional or Mental Disability

Students may exhibit a cluster of behaviors or symptoms that suggest difficulty in maintaining an acceptable level of academic success. Some of these include:
  • Sudden changes in performance, attendance, and interactions with others.
  • Difficulty in cognitive functioning, including concentration or focusing attention, memory, decision making, and problem solving.
  • Difficulty in communicating clearly, orally or in writing due to thoughts that are incoherent, jumbled or disjointed.
  • Behaviors or thoughts that seem inconsistent with reality (such as paranoia).
  • Difficulties in completing tasks/assignments within designated time periods.
  • References to killing self or others.
  • Appearance of no feelings, or expression of feelings that seem inappropriate or overly reactive to the situation.
  • Excessive nervousness or anxiousness during tests, class presentations, or in interaction with others.
  • Disruptive behavior that is characterized by hostility, aggressiveness and physical acting out.


What Can You Do To Be Helpful?

Sometimes a student who is struggling with emotional or mental problems will take the initiative to talk to you. He or she may will even define the specific ways in which you can provide support and encouragement without lowering or changing academic standards. Another student may request the mental health professional providing care to write a letter verifying problems and treatment, as well as the specific considerations needed by the student.

It is not uncommon for students with temporary impairment to request withdrawals, incompletes, or extensions of time to allow themselves to meet the requirements of a course, a program or a degree. Some students literally need to withdraw from the university for a semester until their condition stabilizes.


When to Refer a Student for Assistance

If you are concerned about a particular student and that student has not taken the initiative to meet with you, you might invite the student to schedule an appointment during your office hours. Any attempt to discuss academic functioning that may bring up personal problems should be carried out in privacy. In the discussion you might share specific observations of the student's behavior that has led to your concern and then ask if there is anything you can do to be helpful. It is important to listen attentively and to refrain from judging the person's behavior. If the student asks for your opinion feel free to give it. If, in your opinion, a student might benefit from an assessment for mental or emotional difficulties you may refer the student to:

Student Mental Health
277-4537
UNM Student Health Center, Bldg.73


Emergency Intervention

If the student appears to be suicidal or homicidal or completely unable to cope independently, it is important to seek emergency assistance by escorting the student to or calling the emergency on-call clinician at the Student Health Center. If it is a weekend or after 5 p.m. on a weekday, emergency services are available from:

The Crisis Center
843-2800
UNM Mental Health Center
2600 Marble Ave.

Campus Police can assist as an escort, although most students would prefer less visibility. A friend or family member may need to be contacted in order to assist.

Occasionally students with emotional or mental difficulties may act out aggressively against property or other people. The following recommendations are made for such situations:

  • Stay calm.
  • Have someone call Campus Police Emergency
  • Alert the Dean of Students' Office that this student's behavior, in your opinion, has violated the Student Code of Conduct.

Remember, it is reasonable to expect student behavior that complies with the UNM Student Code of Conduct, regardless of the cause. Faculty and other students have a right to expect behavior that is conducive to a teaching/learning environment. Behavior that threatens or intimidates is not conducive, and requires safety first; calm, disciplinary intervention second; and therapeutic intervention third.

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LEARNING DISABILITIES


What is a Learning Disability?

A permanent neurological disorder that affects the manner in which information is taken in or received, organized and remembered, and then retrieved or expressed.


What Are the Effects of a Learning Disability?

May affect basic functions such as memory, oral expression, listening comprehension, organization of thoughts and concepts, and retrieving information and expressing knowledge either verbally or in written format.

May affect the academic areas of reading, written expression, spelling, logical reasoning, math, and oral language or communications.


Myths and Misconceptions Concerning Learning Disabilities

A learning disability does not go away. It may appear to be inconsistent as students learn to compensate for their individual learning differences.

A learning disability does not indicate a lack of intelligence. In order to fit the diagnostic criterion for a learning disability, an average to very high level of measured intelligence must be documented.

A learning disability is not the result of an emotional disorder, difference in culture, or lack of motivation on a student's part.

A learning disability does not prevent learning. It can make it difficult to learn in the traditional manner unless appropriate accommodations are made.

A learning disability does not usually affect all academic areas. Students may be strong in math but weaker in reading and written language or may express ideas well in class but are unable to respond well on exams or in other written format.


Indicators That May Suggest the Presence of a Learning Disability

Manifestations of a learning disability are numerous and diverse. Students may demonstrate a learning disability by displaying a pattern of any of the following: