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.
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.
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.
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.
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.
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.
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.
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.
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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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.
TABLE OF CONTENTS
THE AMERICANS WITH DISABILITIES ACT
Introduction
Who's Protected
Standard Of Access
Auxiliary Aids
Modification Of Policy & Procedures
Academic Standards Not Affected
Equally Effective Communications
Shared Responsibility
Common Problems
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.
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.
Suggested Instructional Adaptations
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Attempt to keep noise levels and distracting sounds low; consider the acoustic factor in physical surroundings.
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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.
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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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.
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.
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:
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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A permanent neurological disorder that affects the manner in which information is taken in or received, organized and remembered, and then retrieved or expressed.
May affect the academic areas of reading, written expression, spelling, logical reasoning, math, and oral language or communications.
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.
Referral without Labeling: Refer students whom you suspect may have a learning problem or disability to Learning Support Services without labeling the suspected difficulty. Make statements such as "There is a place on campus which can "assist you with your learning difficulty." If you suspect a disability other than a "learning disability" (e.g., emotional disorder, visual or hearing impairment), refer the student to Disabled Student Services. Attempting to label the difficulty or the student can cause legal problems for you as well as the University.
Encourage the student to make an appointment during office hours. Ask the student about the specific accommodations you should provide. Also ask what his/her strengths are. Accommodations might include extended time for tests or certain assignments, notetakers, oral exams, note-taking guides (or ways to set one up for themselves), lists of key terms, books on tape, and other methods.
When teaching, deliver information through two or more modalities (senses) whenever possible. Options include printed materials, diagrams, speech, physically manipulated materials involving touch, models, etc.
Ask questions frequently to check understanding, or have another student in the class repeat or paraphrase what you have stated, thus providing a repetition of the information.
Preview quickly what the session will cover, cover it, and review what was covered.
Give regular, frequent, positive, and corrective feedback.
Make all students aware of the importance of using graphic and organizational aids (table of contents, index summaries, diagrams, graphs and tables); refer students to Learning Support Services for specific assistance in these skills.
Avoid double negatives and extraneous information when writing objective test items.
Realize that students are the best source of information concerning their needs.
Ask students who state they have a learning disability for a description of their difficulties and what they think may be helpful to them. You can also request brief documentation from a certified diagnostician on staff in Learning Support Services, verifying that the student has been through an extensive diagnostic process and qualifies for reasonable accommodations.
If you feel that an unreasonable request has been made, please call Learning Support Services and request to speak with the diagnostician who worked with that student. Student Support Services will also answer general questions about reasonable accommodation.
For more information concerning support services specifically for students with learning disabilities, contact LSS - Learning Support Services at 277-8291. Individual questions can be answered or a department workshop can be arranged.
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Most accommodations can be accomplished easily within the classroom by asking students with disabilities to define their needs. Faculty who would like to learn more about alternative learning strategies can contact Learning Support Services (LSS) within the Educational Programs and Services Department for assistance. Students with specific needs such as alternative examination environments and formats, adaptive equipment, or the services of note takers, readers, or transcribers should be referred to Student Support Services (SSS).
Furnish syllabi listing necessary course materials, due dates for assignments, and test dates, allowing students who require additional time to process information a chance to get a head start. Again, to ensure that the University acknowledges its responsibility to students with disabilities and that requests for academic adjustments are submitted in a timely manner, faculty members should state on each syllabus that students need to inform faculty members of special needs as soon as possible to ensure that those needs are met in a timely manner.
Remind the student (as needed) to forward copies of materials and syllabi to Disabled Student Services so that alternative formats can be created.
Provide examples of desired products when possible.
Maintain course and program standards while searching for a means to demonstrate competencies that are not tied directly to the disability. At times it may be necessary to work with a student to develop alternative assignment formats to demonstrate their skills and knowledge. Remember, academic standards are not changed; only the manner in which students meet those standards must be modified.
Consider a variant grading system with multiple grades for various tasks weighted differently (e.g., effort, exams, research assignments, field work, papers, notebooks, etc.).
Advise the student of the pass/fail or credit/no-credit option if a course is not a degree requirement.
Promote mastery of competency-based learning by setting objectives. A point system evaluating various activities can de-emphasize test scores.
Work with the student to make arrangements early with Student Support Services for extended time and proctors for exams. Faculty also have the option to provide the student extended time in an appropriate test setting within the department. However, faculty do not have the option to refuse extended time on an exam to a student who qualifies for this accommodation.
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Qualified Individual with a Disability: Any individual with a disability who meets the essential eligibility requirements for admission to the University cannot be denied access to any program or service because of a disability. The University will make academic adjustments to provide an individual with a disability access to programs and services unless the modification would fundamentally alter the nature of the service, program, or activity.
Individual with a Disability: A person who has, has had a record of, or is treated as having a physical or mental impairment that substantially limits a major life activity such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working meets the definition of an individual with a disability and is protected under the ADA. The disability may be visible or invisible (e.g., conditions that are not obvious or are only apparent occasionally).
Standard of Behavior: Individuals with a disability are held to the same standard of conduct as any other student, staff, or faculty member.
Fiscal Responsibility: The University Office of the President gives responsibility for costs of special equipment and other special accommodations for low cost auxiliary aids or reasonable accommodations to each department and requests that each department anticipate recurring costs in its budget planning process.
Accommodations Outside the Classroom: Students requesting services in any campus office shall be accommodated in a manner that makes that service accessible. For example, students who have a hearing loss would probably not need the services of an interpreter to register for classes as long as the staff communicates with the individual in writing. Writing in order to communicate with a student would in these examples provide equal access. However, in a class lecture or public meeting, use of an interpreter would be necessary.
Accommodation in the Classroom: Accommodations which are easily achievable like writing unusual terms on the chalkboard or spelling terms aloud can be arranged between the student and the instructor. Students requiring auxiliary aids and services in the classroom (such as interpreters or tape-recorded textbooks) should be referred to Student Support Services.
Public Events Accessibility: Each department is responsible for ensuring that its public meetings or events are held in accessible locations on or off campus.
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SSS has developed an Assistive Technology Program which provides students access to IBM compatible computers, a typewriter, and an enlarger. Additional assistive technologies are being added as funding becomes available. Students can work alone or sign up for individual or small group training sessions to learn how to use the equipment as well as various software programs including Wordperfect.
In addition to assisting the student in the development of individual learning strategies, LSS offers full educational diagnostic services. The diagnosis of a learning disability is based on a working definition (found in both State and Federal guidelines) of that disorder which statistically defines a significant discrepancy between capacity or educational potential and academic achievement. The diagnostic procedure requires 10 to 12 hours of individual testing and covers the areas of intelligence or expectancy, cognitive processing abilities, and academic achievement. This ensures that sound and consistent documentation is available for students evaluated and found to qualify for support services. In the case of entering students who have been previously diagnosed through a public school system or private agency, diagnostic findings are reviewed carefully and compared to the adopted statistical definition of this unit. Supplemental or updated testing is completed as required.
Each qualifying student is provided with brief documentation to present to faculty which outlines the student's general strengths and weaknesses. It provides faculty with some basic suggestions concerning classroom accommodations. The student is also provided an with extensive confidential report that presents the results of the evaluation in detail. This report is used within LSS to assist the student in the development of needed support services.
LSS staff are available to work with individual faculty or departments in providing information, problem-solving, and strategy planning concerning learning disabilities.
UNM's Office of Equal Opportunity serves to insure that all students, faculty, and staff receive equal treatment under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. It is one contact point for suggestions and/or observations on architectural modifications and accessibility issues. Questions and comments concerning the above issues are welcomed. The office also provides discrimination grievance services when needed.
While the above mentioned are the primary service delivery programs for students with disabilities, many departments and specific programs help to make up the network of services available at the University of New Mexico. All such services are listed on the following pages of this publication.
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Brailler (Perkins) Portable braille writer. Zimmerman Library, Reserve Desk. Calculator (Canon) Talking calculator with print readouts, total recall memory, fluorescent multinumeric display, ten key, printing capacity of twelve digits. Zimmerman Library, Reserve Desk. Cassette Recorder Has 2 and/or 4-track variable-speed playback, indexing capability, and headphones. It can be used with the Library of Congress cassettes and the Recording for the Blind cassettes. Zimmerman Library, Reserve Desk. Student Support Services: students must apply. New Mexico State Talking Library, 1-800-432-5515. Computers/Adaptive Devices Detachable keyboards and adjustable work ares. Keyboard Software and utilities (to minimize key strokes). Grammar check and interactive spell check software. Partitioned work areas. Voice synthesizer units (text to audio). Screen print enlargers. CIRT/Sandy Carter-Mayes (277-2627). Dictionary and Thesaurus (Large Print and Braille) Zimmerman Library, Room 243. Enlarging Copier (Xerox) To make large-print single copies of syllabi, tests, brief readings, and handouts. Student Support Services and Zimmerman Library, Room 243. Encyclopedia (Cassettes) Zimmerman Library, Room 243. The Reading Edge Machine A system for converting printed material into spoken English or Spanish. Zimmerman Library, Room 243. Microviewer (Visualtek) Magnifies printed materials and eases typing by magnifying as one is typing. Zimmerman Library, Room 243. Note-taking Paper No-carbon-required (NCR) paper. Student Support Services. OPTACON (OPtical-to-TActile CONverter) Enables a student with sufficient training to read regular print by converting the image of a printed letter into a vibrating tactile form that can be felt with one finger. Zimmerman Library, Reserve Desk. A Print Enlarging and Voice Synthesis Terminal For access to the General Library's online catalog (Libros). Zimmerman Library, Room 243. A Print Enlarging Terminal For access to the General Library's online catalog (Libros). Zimmerman Library, Reference Department. TTY (Teletype) or TDD (Telecommunications Device for the Deaf) Enables a deaf or hearing-impaired individual to communicate by telephone if the other party being called also has a TTY/TTD. Locations on campus include are listed in the Campus Directory under "Auxiliary Aids".
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Primary Service Providers: Student Support Services.......................................277-3506 Learning Support Services/CAPS.........................277-8291 Office of Equal Opportunity....................................277-5251 Facility Planning Office............................................277-2236 Physical Plant.............................................................277-1600
Other Support Services: Speech and Hearing Center....................................277-4453 Student Mental Health...............................................277-4537 Career Counseling & Placement............................277-2531 One-on-One Program................................................277-3361 Computer & Info. Resources & Tech. (CIRT)......277-4848 General Library............................................................277-4252 Recreation and Leisure Services...........................277-2248 Housing.........................................................................277-4707 Admissions and Registration (Student Services).......................................................277-2446 Financial Aid..................................................................277-2801 Parking and Transportation......................................277-3720