INTRODUCTION

This Faculty Handbook was designed to provide you with information on CSUSM’s legal obligations under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, various types of disabilities you are likely to encounter in the classroom, as well as commonly prescribed accommodations for each disability category covered.  Additionally, you will learn about the various types of support services available to students with disabilities through the Office of Disabled Student Services (DSS).

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LEGAL JUSTIFICATION FOR
PROVIDING REASONABLE ACCOMMODATIONS

The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 are the two primary pieces of federal legislation which mandate that reasonable accommodations be provided to qualified students with disabilities. In addition, the California State University Policy for the Provision of Accommodations and Support Services to Students with Disabilities clearly details the types of support services to be provided on each campus.

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Rehabilitation Act of 1973

In 1975, several civil rights regulations were added to the Rehabilitation Act of 1973. These provisions can be found in Section 504 (Equal Opportunities) which specifically states: “No otherwise qualified individuals with handicaps in the United States, as defined in section 7(8), shall, solely by reason of the handicap, 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 or under any program or activity conducted by any Executive agency or by the United States Postal Service” (The Rehabilitation Act of 1973).

Section 504’s primary effect upon post-secondary institutions is summed up by the concept of program accessibility to students with disabilities. “Accessibility includes the elimination of policy barriers, the provision of auxiliary aids such as readers and interpreters, and the provision of equal educational services and programs to disabled and non-disabled students, as well as the traditional physical access to the campus” (Johns, CAPED, Vol. 1 (No. 1), p.7). Furthermore, 504 states, “In its course examinations or other procedures for evaluating students’ academic achievements, institutions shall provide such methods for evaluating the achievements of students who have disabilities that impairs sensory, manual or speaking skills as will best ensure that the results of the evaluation represent the student’s achievement in the course, rather than a student’s impaired skills (except where such skills are the factors being measured)” (Section 504, Subpart E, 104.44 c). An instructor, in some cases, may be required to modify test arrangements for students with disabilities. For example, a student with a learning disability may be given the option of completing an orally given exam rather than an essay type exam. The modified format of a standardized exam will depend upon the nature of a student’s disability and the best way to measure the student’s knowledge of the subject.

The Rehabilitation Act of 1973 defines handicapped individuals covered in Title V as “any person who (i) has a physical or mental impairment which substantially limits one or more major life activities (i.e., caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working), (ii) has a record of such impairment.”

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Americans With Disabilities Act (ADA)

The Americans with Disabilities Act has had a dramatic impact upon program and physical accessibility for students with disabilities. Section 36.309 of ADA (Title III) specifically states that “Any such authority that is covered by 504, or Title II, because it is a function of a State or local government, must make all of its programs accessible to persons with disabilities, which includes physical access as well as modifications in the way the test is administered, e.g., extended time, written instructions, or assistance of a reader.” Furthermore, “a public entity offering an examination must ensure that modifications of policies, practices, or procedures or the provision of auxiliary aids and services furnish the individual with a disability an equal opportunity to demonstrate his or her knowledge or ability...” The Americans with Disabilities Act defines a person with disability as “(A) A physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) A record of such impairment; (C) Being regarded as having such an impairment. In summation, ADA has adopted the same definition of disability as is defined within the Rehabilitation Act of 1973 and in the Fair Housing Amendments Act of 1988. However, ADA does not recognize the following conditions as being a disability: transvestitism, transexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from current illegal use of drugs (Note: the above conditions except transvestitism, are not necessarily excluded as impairments under Section 504)”. Both the Americans with Disabilities Act and Section 504 regulations state that a university shall provide academic accommodations unless: 

(a) the university can demonstrate that the accommodations are not necessary to ensure nondiscriminatory participation by a handicapped student, or

(b) the university can demonstrate that the academic requirement for which an adjustment is requested is “essential to the program of instruction being pursued by (the) student.”

Legal References: Section 504 of the Rehabilitation Act of 1973.
1990 Americans with Disabilities Act , Title II.

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California State University Policy for the Provision of Accommodations and Support Services to Students with Disabilities

The CSU Policy for the Provision of Accommodations and Support Services to Students with Disabilities was developed in response to Senate and Federal resolutions and legislation regarding the provision of services to students with disabilities in postsecondary education. These include Assembly Bill 746 (1987), ACR 3 (1985), ACR 201 (1976), and Section 504 of the Rehabilitation Act of 1973.

The California State University is committed to providing opportunities for higher education to students with disabilities in its student enrollment, and to make its programs, activities and facilities fully accessible to persons with disabilities (California State University Policy for the Provision of Accommodations and Support Services to Students with Disabilities.

The CSU Policy for the Provision of Accommodations and Support Services to Students with Disabilities clearly states that a “qualified handicapped person” (in a postsecondary setting) is defined as “...a handicapped person who meets the academic and technical standards requisite to admission or participation in the recipient’s education program or activity”.

All CSU campus faculty and staff share the responsibility for maintaining a campus environment conducive to the fulfillment of the CSU’s teaching and public service mission. In attempting to make appropriate academic adjustments, faculty members, the staff in services to students with disabilities, and students with disabilities should work together to develop reasonable accommodations that meet the individual educational needs of qualified students with disabilities while not altering the fundamental nature of the service, program, or activity and without creating undue financial or administrative burdens.

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DISABILITY CATEGORIES & Instructional Tips

Each student brings a unique set of experiences to college, and a student with disabilities is no exception. While many learn in different ways, their differences do not imply inferior capacity to learn. Course requirements for students with disabilities should be consistent with those for other students. However, special accommodations may be needed as well as modifications.

Determining that a student is disabled may not always be a simple process. Visible disabilities are noticeable through casual observation, for example an immediately recognizable physical impairment, or the use of a cane, a wheelchair, or crutches.

Other students have what are known as hidden disabilities which may include hearing impairments, legal blindness, cardiac conditions, learning disabilities, cancer, diabetes, kidney disease and psychiatric or seizure disorders.

Finally, some students have multiple disabilities caused primarily by conditions such as muscular dystrophy, cerebral palsy, multiple sclerosis, or traumatic brain injury. Depending on the nature and progression of the condition or injury, it may be accompanied by a secondary impairment in mobility, vision, hearing, speech or coordination, which may, in fact, pose greater difficulties than the primary diagnosis.

Some students with disabilities will identify themselves as such by contacting the Disabled Student Services Office and their instructors before or early in the semester. Others, especially those with “hidden” disabilities, may not identify themselves because they fear being challenged about the legitimacy of their needs. Such students, in the absence of instructional adjustments, may experience problems completing course requirements. In a panic, they may identify themselves as disabled just before an examination and expect instant attention to their needs. If that happens, the faculty member should send the student to Disabled Student Services where they will meet with a Disability Counselor to document their disability in order to receive academic accommodations.

Faculty members are encouraged to make an announcement at the beginning of the term or put a statement in the syllabus inviting students with disabilities to schedule appointments with them. It is also a good idea to state, or say, that reasonable accommodations which are approved through Disabled Student Services will be provided to students with disabilities.

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Visual Impairments

Included in this category are disorders in the structure and functions of the eye as manifested by at least one of the following: (1) visual acuity of 20/200 or less in the better eye after the best possible correction, (2) a peripheral field so constricted that it affects the student’s ability to function in an educational setting, (3) a progressive loss of vision which may effect the ability to function in an educational setting. Examples of visual impairments include, but are not limited to, cataracts, glaucoma, nystagmus, retinal detachment, retinitis pigmentosa, and strabismus.

Students with visual impairments often benefit from the following accommodations: special testing arrangements, access to classroom materials in alternate format (i.e., audiotape, large print or Braille), a test proctor for reading exam questions and writing down answers, access to specially adapted equipment (i.e., talking calculator, talking spellchecker, special computer), notetaking assistance, tape recorded lectures and priority registration.

Instructional Tips

• Make lists of required readings available before the first day of class. Visually impaired students often need to have standard printed information reformatted (i.e., Braille, tape or large print). This takes a considerable amount of time to do (up to 6 months).
• Make sure that you send a copy of your syllabus to DSS in advance of the start of your class (preferably one month).
• Provide students with chapter outlines or study guides that cue them to key points in their readings.
• Read all information that is written on the chalkboard or overhead transparencies.
• Make sure when students are working in groups with a visually impaired student that information being used to complete an assigned task is read out loud.
• Talk in a normal tone of voice when speaking and face the class.
• If requested, assist the student in finding a volunteer notetaker, tutor or reader.
• Provide copies of lecture notes.
• Some visually impaired students may require time extensions on assignments.
• Plan field trips and internships in consultation with DSS staff.
• Be prepared to assign a student to work with a visually impaired student in a lab setting.
• In-class assignments will likely need to be completed out of class.
• Don’t be afraid to consult with the student on determining what additional assistance they might require to complete your course.
• It is important to keep in mind that it costs Cal State San Marcos a substantial amount of money to convert textbooks into either electronic or audiotape format. Faculty can greatly assist DSS by checking with the publisher of their chosen textbook to determine if it is available from the publisher in electronic format for print impaired users. The potential cost savings from utilizing formatted textbooks from the publisher can then be used by DSS in other needed areas to support the academic mission.

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Physical Impairments

Musculoskeletal and connective tissue disorders, as well as neuromuscular disorders, are physically disabling conditions which may require adaptation of the physical environment or curriculum. Examples include, but are not limited to, cerebral palsy, absence of some body member, clubfoot, nerve damage to the hand and arm, cardiovascular aneurysm (CVA), head injury and spinal cord injury, arthritis and rheumatism, intracranial muscle disorders.

Students with physical impairments may benefit from the following accommodations: special testing arrangements, a test proctor for writing down exam answers, access to specially adapted equipment (i.e., special computer), notetaking assistance, tape recorded lectures, special seating arrangements (i.e., accessible table and chair), and priority registration.

Instructional Tips

• Do not use accessible classroom furniture for other purposes if you know that a student needs it.
• Be prepared to have your classroom changed if it is held in an inaccessible location.
• If your class involves laboratory work, make sure that students with physical impairments have an accessible lab station.
• Students with severe physical impairments may need to be teamed with another student to complete assigned laboratory work.
• Students with certain physical impairments may need to stand up or temporarily leave the room to stretch their muscles.
• In-class assignments may need to be completed out of class.
• Some students with physical impairments may need extensions for assigned work.
• Always consider the accessibility of a field trip or internship site. Inaccessible locations should be avoided. However, if you have no choice on the location of a field trip or internship, consult with DSS for some creative solutions.
• Students using wheelchairs or other mobility aids may experience some delays in getting to class on time due to barriers encountered on campus.

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Hearing Impairments

A loss of hearing of 30 decibels or greater, pure tone average of 5000, 1000, 2000 Hz unaided in the better ear constitutes a loss significant enough to be considered a disabling condition. Examples include, but are not limited to, conductive hearing impairment or deafness, sensorineural hearing impairment or deafness, high or low tone hearing loss or deafness, and acoustic trauma hearing loss or deafness.

Students with hearing impairments may benefit from the following accommodations: notetaking assistance, assistive listening device (i.e., comtek unit), sign language interpreter, seating in the front of the class, and priority registration.

Instructional Tips

• Front row seating for hearing impaired students is very important in most cases.
• Keep your face within view of the student when speaking.
• If a student is using an interpreter talk directly at the student. Recognize that there is a slight lag on the information being translated to the student from the interpreter.
• Repeat the questions and remarks of other people in the room
• Use visual aids and the chalkboard to reinforce spoken presentations.
• If requested, assist the student with finding a notetaker.
• When possible, provide students with class outlines, lecture notes, lists of technical terms and printed transcripts of audio material.
• It is highly advisable to use videos that are closed-captioned. There are several ways to determine if a video is captioned. It will indicate directly on the video cover if it is captioned, and if the video is being checked out from Media Services, they will be able to tell you if it is captioned. If the video you need is not captioned and there is no other viable alternative, please consult with DSS right away. It is possible for a video to be captioned at a cost range of $4.00 to $25.00 per minute of video play. In light of this potential cost factor, it is obviously the best budgetary choice to use videos, whenever possible, that are already captioned, which will allow University funds to be utilized in other areas of need in support of the academic mission.
• Do not obstruct the student’s view of the interpreter.
• You might be asked by a student to wear an assitive listening device.
• Don’t be afraid to ask the student what additional assistance they may need to complete your course.

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 Specific Learning Disabilities

“Learning disabilities” is a generic term that refers to a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, writing, reading, reasoning, mathematical abilities, or social skills.

Examples include dyslexia, dysgraphia, dysphasia, dyscalculia, and other learning disabilities in the basic psychological or neurological process. Such disorders do not include learning problems which are due primarily to visual, hearing, or motor handicaps, mental retardation, emotional disturbance, below average aptitude or environmental deprivation.

At CSUSM, any student with a suspected learning disability must present assessment results that are current and which meet the CSU’s Learning Disability Eligibility Criteria.

Students with learning disabilities may benefit from the following accommodations: notetaking assistance, special testing accommodations, use of a test proctor for reading test questions and writing down answers, extended time for both in-class and out-of-class assignments, access to books on tape, use of a special computer, seating in the front of the class, and priority registration.

Instructional Tips

• Clearly separate items when spacing them on the exam sheet. For a student with perceptual deficits, for whom transferring answers is especially difficult, avoid using answer sheets, especially computer forms. Allow them to write answers on the test or even dictate their responses.
• Make lists of required readings available well before the first day of class to allow students to begin their reading early or to arrange to obtain books on tape.
• Read aloud material that is written on the chalkboard or overhead transparencies.
• Repeat or reword complicated directions.
• Provide clear photocopies of your notes and overhead transparencies.
• Consider alternative test designs. For example, some students with learning disabilities may find essay formats difficult. A student with a visual perceptual impairment may have trouble with tests requiring them to visually search and match different items.

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 Speech Impairment

These impairments include disorders of language, articulation, fluency, or voice which interfere with communication, preacademic or academic learning, vocational training, or social adjustment. Examples include, but are not limited to, cleft lip and/or palate with speech impairment, stammering, stuttering, laryngectomy, and aphasia.

Students with speech impairments may benefit from the following accommodations: substitution of projects in lieu of classroom presentations, audiotaping or videotaping of a presentation in place of live speech, and in some cases an interpreter.

Instructional Tips

• Give students the opportunity, but do not compel them to speak in class.
• Permit students the time they require to express themselves without unsolicited aid in filling in gaps in their speech.
• Address students with a regular tone of voice.
• Consider course modifications such as one-to-one presentations, written scripts in place of presentations, audiotape or videotape presentations.

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 OTHER IMPAIRMENTS
Cardiovascular and Circulatory Conditions:

Such conditions include, but are not limited to, congenital heart disease, rheumatic fever and chronic rheumatic heart disease, arteriosclerotic and degenerative heart disease, other diseases or conditions of the heart, other hypertensive diseases, varicose veins and hemorrhoids, and other conditions of the circulatory system.

Students with cardiovascular and circulatory conditions may benefit from the following accommodations: allow for missed exams to be made up, extensions on class assignments and priority registration.

Instructional Tips

• Students may miss classes due to illness and therefore, may need extensions on class assignments, exams and projects.
• Students may need to get up and move around the classroom.

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 Psychological Impairments:

Individuals with a psychological impairment must have a DSMIV Axis I diagnosis to warrant the need for support services through DSS. Examples include, but are not limited to, schizophrenia, bipolar disorder and schizoaffective disorder.

There is a considerable amount of variation amongst students with this type of disability. For example, not all students with depression will need special accommodations through DSS. In fact, many do not. It is very important to keep in mind that the majority of students with psychological impairments are under treatment and quite functional.

Students with psychological impairments may benefit from the following accommodations: allow for missed exams to be made up, extensions on class assignments, special testing accommodations and priority registration.

Instructional Tips

• Students may benefit from extended time on classroom assignments when their condition warrants it.
• Discuss inappropriate behavior with the student privately. Clearly discuss what is considered acceptable classroom conduct. Feel free to consult with Counseling & Psychological Services.
• If abusive or threatening behavior occurs, contact the Dean of Students Office.
• All students are held to a Student Conduct Code (no exceptions). Consult with the Dean of Students Office for further information.

Blood Serum Disorders:

Typical disorders include hemophilia, sickle-cell anemia, and disorders where the cause is unknown. Students with this type of medical condition are likely to miss classes due to hospitalization or the need for bed rest.

Students with blood serum disorders may benefit from the following accommodations: makeup exams for missed classes, extensions on classroom assignments and priority registration.

Instructional Tips

• Assist students in getting copies of classroom notes for classes missed due to illness.
• Be prepared to provide reasonable time extensions on assignments.

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 Respiratory Disorders:

These are debilitating disorders which may include, but are not limited to, asthma, tuberculosis of the respiratory system, emphysema, pneumoconiosis and asbestoses, bronchiectasis, chronic bronchitis and sinusitis, other diseases of the respiratory system.

Students with respiratory disorders may benefit from the following accommodations: makeup exams for missed classes, extensions on classroom assignments and priority registration.

Instructional Tips

• Assist students in getting copies of classroom notes for classes missed due to illness.
• Be prepared to provide reasonable time extensions on assignments.

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 Environmental Illness (EI):

Students with EI may have adverse reactions to environmental pollutants such as solvents, volatile organic chemicals, smoke, perfume, paint, carpet or pollen. Serious health problems may result from exposure to certain pollutants. DSS determines on a case-by-case basis how to best accommodate students with this type of illness.

Instructional Tips

• Students may approach an instructor and request that they make a request to the class to please refrain from wearing artificial scents. This is acceptable. Though students cannot be made to stop wearing artificial scents they can be requested to do so.
• Be prepared to have the class moved to another location if a student simply cannot function in a certain room due to carpeting or paint.

Other conditions that necessitate administrative or academic adjustment and that do not fit into any of the above categories may also qualify.

*Contact Disabled Student Services for consideration of services for disabilities not listed here.

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Whatever information a student shares with faculty regarding a disability is highly confidential and needs to be treated as such. Under no circumstances should a student’s disability situation be discussed in front of the class or in the presence of other students. Information on a student’s disability should not be shared with other faculty or staff unless there is an absolute need for them to be informed.

In order to receive accommodations, students must disclose to you that they have a disability and have a need for academic accommodations authorized through Disabled Student Services. However, students are not required to disclose specific information on their disability to a faculty member since this information has already been obtained through DSS.

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FACULTY RESPONSIBILITIES

The majority of support services required by students with disabilities are provided through Disabled Student Services. However, the full cooperation of faculty is the key to the timely delivery of approved academic accommodations. In fact, as faculty members, you are legally required to ensure that reasonable accommodations are provided to students with disabilities enrolled in your course(s).

In order for DSS to continue to provide the level of services available, the following is needed from members of the faculty:

• Faculty will cooperate with DSS in providing authorized accommodations and/or support services for the student in a fair and timely manner.
• Faculty will ensure that copies of classroom exams are given to DSS in a timely manner (two working days prior) to enable administration of special testing accommodations.
• Faculty will provide handouts and classroom materials to DSS in a timely manner (three weeks prior) for students who need this material reproduced in an accessible format.
• Faculty will consult with a representative of DSS if there is any question regarding how to implement authorized academic accommodations.
• Faculty will provide a classroom atmosphere which is harassment-free in nature and nondiscriminatory on the basis of race, religion, color, sex, age, handicap, marital status, sexual orientation, and national origin.
• Faculty will respect the confidentiality of students with disabilities and will not disclose information on any student’s disability without prior consent. This includes even mentioning to fellow classmates that a particular individual has a disability.

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QUESTIONS FREQUENTLY ASKED BY FACULTY

• Is it fair to give extra time to students with disabilities when other students have to work under time constraints?

  Response: Yes. Other students do not have a disability which significantly impedes their ability to process information quickly or causes problems with seeing or writing. So yes, it is fair as long as the accommodation does not fundamentally alter the nature of the course.

   

• Do I have the right to give a student needing testing accommodations another form of the class exam?

  Response: Yes. If the exam is not scheduled in the same time frame as the class exam, then you can reformat the exam to protect the integrity of the exam. However, the reformatted test would still need to cover the same information as the class exam.

   

• What does DSS do to ensure that a student does not cheat on an exam?

  Response: Students are only allowed to take into a private testing room those aides for the exam that have been approved and indicated by the instructor on the Testing Accommodation Request Form (see Appendix B). It is imperative that this form be filled out in detail and returned to the Disabled Student Services Office as soon as possible after the student has given it to you. In addition, all bluebooks, scantrons, blank paper and dictionaries are closely examined to ensure that nothing is written on them. Students are not allowed to take book bags, fanny packs, purses or other such items into the testing room unless a proctor is present in the room to ensure that these items are not accessed during the exam .

   

• What happens if a student is suspected of cheating?

  Response: A DSS staff member will immediately address the situation and thoroughly document the circumstances. Any evidence will be confiscated and DSS will immediately attempt to contact the professor. The details will be presented to the professor who will decide whether or not the student should be allowed to complete the exam and what further action will be taken. All students are held to the Student Conduct Code, and faculty are encouraged to treat all students the same when a violation occurs.

   

• What happens if a student with a disability frequently causes unwarranted classroom disruptions?

  Response: Irregardless of a student’s disability they are held to the same Student Conduct Code as everyone else. Faculty are encouraged to consult with DSS for possible intervention. If this doesn’t work, then the Dean of Students Office should be promptly consulted.

   

• My course requires classroom participation and attendance. This is clearly stated on my syllabus and is a part of every student’s grade. What do I do with students whose disability causes them to be absent a significant amount of time?

  Response: If classroom attendance and participation are deemed to be essential components of your class and it is written as such in your syllabus, then all students have to be held to the same standard. It is the hope of the DSS office that faculty will work with students who must miss occasional classes for disability reasons.

   

• I have quizzes everyday in my class. Must all of these quizzes be administered outside of the classroom through DSS?

  Response: It really depends on the student and the type of disability. Many students can complete a simple five minute quiz in the classroom setting. However, some cannot and will need to arrange for DSS to administer the quizzes.

   

• I have a policy of giving no makeup exams. Must I allow a student with a disability to make up an exam missed due to their disability?

  Response: Yes. If a student misses an exam for disability related reasons, they are legally entitled to a makeup exam.

   

• I do not allow students to tape record my lectures. Are students with disabilities who need to tape record a class lecture legally entitled to do so?

  Response: Yes. However, you can require that all tapes be returned to you at the end of the semester or that they be destroyed.

   

• How do I know what accommodations a student is eligible for?

  Response: You will receive a Disabled Student Services Approved Support Services form (see Appendix B) from each student with a disability enrolled in your course who requires accommodations.

   

• What if I provide accommodations which are not on the sheet, or the student asks for an accommodation that is not listed?

  Response: You are only required to provide those accommodations listed on the sheet. However, there may be cases where a student’s disability changes and thus requires an accommodation not on the Approved Support Services form (see Appendix B). In these cases, always consult with DSS on the appropriateness of a requested accommodation. If you decide to provide an accommodation not approved through DSS, then that is your individual choice.

   

• What about English As A Second Language (ESL) students? They often request additional time to complete an in-class exam due to their unfamiliarity with the English language.

  Response: You are not required to provide extended time for in-class exams to ESL students unless they have a documented disability which requires it.

   

• What happens if I decide not to allow a student a DSS approved accommodation?

  Response: Students will be provided with all accommodations approved through DSS unless the instructor can prove an accommodation will fundamentally alter the nature of a course or program. Students do reserve the right to file a formal complaint with the Office of Civil Rights if denied reasonable accommodations. In addition, there have been cases where students have filed for punitive damages against a faculty member.

   

• What information should I include about DSS on my class syllabus?

  Response: It is stongly recommended that the following statement be placed on each class syllabus:

  Students with disabilities who require academic accommodations must be approved for services by providing appropriate and recent documentation to the Office of Disabled Student Services (DSS). This office is located in Craven Hall 5205, and can be contacted by phone at (760) 750-4905, or TDD (760) 750-4909. Students authorized by DSS to receive accommodations should meet with me during my office hours or in a more private setting in order to ensure your confidentiality.

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Background on Disabled Student Services

The CSU Policy for the Provision of Services to Students with Disabilities was developed in response to State and Federal resolutions and legislation regarding the provision of services to students with disabilities in postsecondary education. These include Assembly Bill 746 (1987), ACR 3 (1985), ACR 201 (1976), and Section 504 of the Rehabilitation Act of 1973.

The California State University is committed to providing opportunities for higher education to students with disabilities, to increase the representation of persons with disabilities in its student enrollment, and to make its programs, activities and facilities fully accessible to persons with disabilities (California State University Policy for the Provision of Services to Students with Disabilities).

The CSU Policy for the Provision of Services to Students with Disabilities clearly states that a qualified handicapped person (in a postsecondary setting) is defined as “...a handicapped person who meets the academic and technical standards requisite to admission or participation in the recipient’s education program or activity”.

California State University San Marcos opened its doors for its first class of students in August of 1990. The Dean of Student Affairs anticipated there would be a need for a student services professional to work directly with the disabled student population. As a result, a Coordinator was hired to develop services for students with disabilities, as well as to act as an advocate for their highly individualized needs. Presently, the Office of Disabled Student Services is staffed with a Director, Office Manager, Testing Scheduler and a Psychologist & Learning Disabilities Specialist.

Services were developed to ensure that qualified students with disabilities would have equal access to the educational programs and activities offered at Cal State San Marcos.

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Mission Statement & Goals

The Office of Disabled Student Services (DSS) is committed to providing opportunities for higher education to students with disabilities and to making the programs, activities and facilities at Cal State San Marcos fully accessible to students with disabilities.

1. To ensure that campus policies address the needs of students with disabilities.
2. To ensure that students with disabilities have full access to campus facilities and programs.
3. To improve the campus community’s awareness and understanding of students with disabilities.
4. To ensure that educational policies and curricula are accessible for students with disabilities.
5. To interact with other agencies in the community who provide services to individuals with disabilities to ensure the availability of all resources.
6. To provide appropriate support services for students with disabilities to ensure their participation in the full range of campus programs and activities.
7. To involve students in assessing current needs, recommending new services, and expanding existing services as needed.
8. To ensure the campus remains physically accessible by providing valuable input to those individuals responsible for future campus construction projects and the maintenance of the existing site.
9. To collaborate with other campus units in providing outreach and retention services to all CSUSM students, including students from diverse populations.

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Roles and Responsibilities of the Office of Disabled Student Services

The Office of Disabled Student Services (DSS) is committed to providing opportunities at Cal State San Marcos for higher education to students with disabilities, to increasing the representation of enrolled students with disabilities, and to making its programs, activities and facilities fully accessible to students with disabilities.

In compliance with the CSU Policy for the Provision of Accommodations and Support Services to Students with Disabilities, DSS has the responsibility of providing the following services to students with a documented need: disability related counseling, interpreter services, reader services, test taking facilitation, transcription services, and notetaker services (all of these services are contingent on available funding and verified need). Aside from the required support services listed, each university is responsible for providing the following: access to, and arrangements for, adaptive educational equipment, materials, and supplies required by disabled students; liaisons with campus and community agencies; registration assistance; special parking; supplemental specialized campus orientation; consultation with faculty to ensure that the special needs of students with disabilities are appropriately met; and acting as a liaison with campus outreach personnel to increase the representation of students with disabilities. In addition, students who suspect that they have an undiagnosed disability are eligible to meet with a DSS counselor for a comprehensive screening. If indicated, the student will then be referred to an appropriate outside professional for evaluation and treatment at the student’s own expense.

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Student’s Roles and Responsibilities

Students with disabilities are responsible for contacting DSS to secure support services prior to each semester. DSS encourages and provides opportunities for all students to learn as much about their disability as possible. Students must be knowledgeable of their individual disability to become successful advocates. In an effort to dispel the many negative stereotypes that exist regarding individuals with disabilities, students with disabilities are encouraged to integrate themselves into the campus community and to take an active part in the various opportunities for interaction at Cal State San Marcos. It is hoped that students with disabilities will also take an active part in ensuring that the academic programs as well as the physical site of the campus are as physically and programmatically accessible as possible. Continuous feedback from students is essential for the success of this University.

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Initial Student Contact

Once accepted to the University, the student needs to notify DSS so that a packet of information can be either mailed or picked up by them. The information packet includes: The Office of Disabled Student Services Student Handbook, DSS Informational Brochure, Disability Verification Form, Application for Support Services, and the Director’s business card.

The Disability Verification Form and Application for Support Services are completed and returned to DSS. Once both forms are received by DSS, an intake interview is arranged for each eligible student to meet with a DSS professional. During the intake interview each student is asked specific questions about their disability, information is gathered on the types of support services that the student has received from any previously attended academic institution(s), and the specific support services that will be provided at Cal State San Marcos are discussed. Support services are not implemented until verification of the student’s disability is received and an intake interview has taken place.

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Verification of Disability

A professionally verified disability is a condition that significantly impairs major life activities and is certified by a licensed physician, psychologist, audiologist, speech pathologist, or other appropriate professional. A student’s disability, if it is obvious (i.e., amputee, blind, quadriplegic), can be verified by a DSS professional. Students with learning disabilities must submit recent comprehensive evaluation results including cognitive and achievement test scores.

In accordance with the Chancellor’s Office guidelines, students with disabilities who transfer from community colleges in California where they received services because of a learning disability may be eligible to receive services through the Disabled Student Services program at Cal State San Marcos. However, the Office of Disabled Student Services will determine the specific support services provided at Cal State San Marcos, and students with learning disabilities must meet the CSU Guidelines for the Assessment and Verification of Students with Learning Disabilities in order to qualify for services.

Before a student can receive support services from Disabled Student Services, he/she must have an appropriate professional complete the Disability Verification Form. Once this form is completed, it is immediately placed into the student’s file, an intake interview is conducted, and appropriate services are arranged.

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Student File

A student file is made for each student with a professionally verified disability who requests support services through Disabled Student Services. The following information is kept in each student’s file: Application for Support Services, Disability Verification Form, Evaluation of Disability Documentation and Reasonable Accommodation Request, Approved Support Services form, case notes, diagnostic test results, and other relevant information. Inactive files are destroyed after five years. A student’s file is confidential. No information shall be released without written authorization from the student. Likewise, the nature of a student’s disability will not be released to anyone without written authorization from the student.

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Support Services

The availability of support services for students with disabilities is dependent upon the needs of students as well as available funding and resources. It is entirely up to the student whether or not to access services. However, no student shall receive support services without proper verification of their disabling condition. DSS will determine which support services a student is eligible for based on all available documentation and information on the student’s disability. However, interim temporary support services may be approved for students whose disability documentation is inconclusive and are in the process of being reevaluated. In addition, it is important for students to understand that the accommodations authorized by Disabled Student Services apply only to Cal State San Marcos. Students who ask for a specific accommodation, which is denied by the Disabled Student Services Office, can appeal the decision directly to the ADA Appeals Officer (see Grievance Policy section of this handbook for more details).

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Campus Tours

Campus tours are normally provided through the Office of Enrollment Services. However, students with disabilities may request a tour of the campus from the Office of Disabled Student Services to learn about the accessible features of the campus.

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Priority Registration

Priority registration is given to those students using wheelchairs, requiring interpreting/captioner services, requiring access to information in alternate format and to those who are currently receiving special medical treatment that requires them to be available at specific periods of the day. If a student believes they are need of priority registration for disability related reasons, they need to speak with their DSS counselor.

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Special Parking

Students in need of special parking privileges due to a permanent or temporary disability need to contact Parking Services at (760) 750-7500. Students with long-term mobility limitations (over 6 months) are encouraged to apply for a DMV Parking Placard. All students are required to purchase and display a valid Student Parking Permit each semester. However, students with a DMV Placard or (DV) License Plate may be eligible for a student parking fee waiver if the Financial Aid Office determines they are financially eligible.

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Services for Students with Cognitive Disabilities
(ADD, Acquired Brain Injuries, Psychological and Learning Disabilities)

Students who have a documented cognitive disability (i.e., psychological disorder, ADD, learning disability or acquired brain injury) that substantially limits one or more areas of major life functioning are eligible for services through DSS. Psychoeducational assessment, as needed to determine current level of functioning, is provided by DSS for students who have a documented cognitive disability. The assessment will be used to help determine the most appropriate academic accommodations based on the student’s functional limitations, and to provide the student with feedback about his/her strengths and weaknesses.

Students seeking an evaluation for a cognitive disability from a professional outside of DSS are strongly encouraged to ask the outside professional to consult with DSS prior to completing the evaluation. CSU systemwide policy provides guidelines for interpreting results from previously completed assessments of cognitive disabilities. Prior verification of an existing cognitive disability may be used when: (1) documentation is submitted by a professional qualified to diagnose the disability (i.e., neurologist, psychologist, psychiatrist, learning disabilities specialist); (2) documentation includes the appropriate testing and evaluation procedures and test results used to make the diagnosis; (3) documentation adequately addresses alternative explanations (other than a disability) which might cause or contribute to academic difficulties (i.e., motivational, social, educational and language factors); and (4) testing and evaluation results were completed when the student was an adult and are recent enough to provide information on a student’s current level of functioning (usually within the past five years). DSS reserves the right to reassess or deny services to any student who does not meet the CSU eligibility criteria for disability services.

Comprehensive screening is available through DSS for students who are experiencing academic difficulties and suspect that they may have an undiagnosed cognitive disability. During the screening process, the student will be asked to complete a psychoeducational screening questionnaire and will meet with a DSS professional. Students whose academic difficulties appear to be due to an undiagnosed disability will be referred to an outside professional, either on campus or in the community, for an evaluation, treatment, and/or documentation of the disability. Please note that DSS does not provide diagnosis or treatment of disability related conditions and is not responsible for payment of services provided by a non-DSS professional. Students who are experiencing academic difficulties due to factors other than a disability will be referred to other available services and/or useful resources on campus and in the community.

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Disability Related Counseling and Advising

Students with disabilities are provided with counseling for concerns related to their disability. Please note that disability related counseling is not meant to take the place of treatment for a mental illness. Students in need of evaluation or treatment for a psychological disorder will be referred to a qualified professional in the community. Academic advising is provided by the faculty with supplemental advising provided by the Office of Disabled Student Services.

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Interpreter Services / Captioning Services

Interpreter services include manual and oral interpreting for students with documented hearing impairments that necessitate services. Interpreters will be provided in the following priority: classroom use (earliest requests are given first priority), classroom required activities, student/professor meetings, approved campus activities, and Associated Student sponsored activities.

Real time captioning services are available to those students with significant hearing impairments who prefer this service rather than sign language interpreting. Students utilizing this service must attend class in order to obtain a copy of the printed transcript.

It is the responsibility of the student to meet with DSS well in advance of each semester to make arrangements for interpreter services / captioning services. Once interpreter / captioning services have been set up, the following rules apply:

1. Students must inform DSS at least two working days in advance if they plan on missing a class due to reasons beyond hospitalization or illness.
2. If a student becomes seriously ill and will not be able to attend a class, it is their responsibility to notify DSS as soon as possible (preferably 24 hours in advance).
3. After three student no-shows (without good cause) in the same class, interpreter / captioning services will be canceled. To reinstate services, the student must set up a meeting with the Director.
4. Interpreters / real time captioners will wait fifteen minutes for a student to show up for class. If the student does not show in the first fifteen minutes of class then the interpreter / real time captioner will leave the class. Of course, students must be present in class before they can secure a printed transcript from the real time captioner. Students receiving classroom transcripts cannot share these documents with other students in the class or sell them. Students discovered doing either will be reported to the Dean of Students.
5. Should an interpreter / real time captioner not show up for an assignment, the student should contact DSS as soon as possible. If available, a replacement will be sent. If a substitute cannot be scheduled, the student will be given the options of obtaining a written transcript of the lecture, or making an interpreter available for signing the audiotaped or videotaped lecture.

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Research & Technical Assistants

The Library and Information Services staff is strongly committed to providing equal access to students with disabilities. Students in need of assistance in utilizing the services offered are encouraged to contact Library and Information Services at least five working days in advance to schedule an appointment for assistance.

DSS will provide lab assistants for students whose disability prevents them from freely taking part in the laboratory experience. However, prior notice to DSS of at least a month is required for planning purposes.

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Test Taking Facilitation

Special testing accommodations are approved and provided on a case-by-case basis to students with documented disabilities. Either the DSS Director or the DSS Psychologist & Learning Disabilities Specialist will determine if testing accommodations are required for each individual student, and which specific accommodations will be allowed. Only students with appropriate documentation from a recognized professional will be considered for services.

Prior to the first day of each semester, students who are approved for testing accommodations will receive one Testing Accommodation Packet for each class in which they are enrolled. The packet consists of a general cover letter for the professor, an approved accommodations information sheet, and a blue-colored Testing Accommodation Request Form. The student is responsible for filling in the first two lines of personal information at the top of each blue accommodation request form before giving the packet to the instructor.

If the student decides to use special testing accommodations for a class, the packet should be given to the instructor during the first week of class along with a verbal indication that exams will be taken through DSS. The instructor will complete the remainder of the form and should return it directly to DSS within one week. To ensure the integrity of information on the form, the instructor, not the student, should return the accommodation form to DSS. One week after giving the packet to the instructor, the student should check with either the instructor or DSS to find out if the form has been completed and returned to DSS. Testing accommodations cannot be arranged until this form has been received by DSS.

If the student decides that testing accommodations will not be needed for a class, the packet should not be given to the instructor since DSS will not be involved in administering exams for that class.

A test date and time are not automatically scheduled for the student. The student must personally contact DSS, located in Craven Hall #5205, to complete a Testing Accommodation Reservation form for each individual exam throughout the semester. Accommodations must be set no less than two (2) weeks prior to each exam. Accommodations will not be able to be guaranteed with shorter notice unless there are specific circumstances to justify the situation.

If exams are being administered by the instructor on a “to be announced” basis, the student is responsible to contact DSS as soon as the exam date is announced in class. If the instructor changes an exam date, the student should inform DSS right away and reschedule the previously set testing accommodation.

A testing accommodation will be set between the student and DSS using the following policy:

1. The student will begin the exam in DSS at the same time that the class begins the exam, and will receive a time extension past the end of the testing period for the class.
2. If #1 is not possible because the student has a class immediately following the class in which the exam is being administered, then the student will begin the exam prior to the class starting time. The student’s starting time will be determined according to the time extension allowed for the student so that the student’s ending time for the exam will be the same as the class ending time.
3. If #1 and #2 are not possible because of back-to-back classes, the student will be referred back to the instructor to arrange permission to take the exam at a different time that does not overlap the class testing time.
4. If #3 is the only workable option, the instructor must contact DSS and communicate his/her approval of the agreement between the instructor and the student. DSS will not administer the exam without this approval from the instructor. After coordinating with the instructor, the student is responsible to contact DSS to set up a testing accommodation reservation following the parameters set by the agreement with the instructor.
5. If the student has a class that extends past or begins after 5:00 p.m., the test will be scheduled with a time frame to set the ending time as 5:00 p.m. This option does not require the instructor’s special permission; however, the student should inform the instructor that the exam will be administered at an earlier starting time than the class.
6. If the student has a Saturday class, the student will have to arrange permission with the instructor to take the exam in DSS at an alternate time Monday – Friday, between 8:00 a.m. – 5:00 p.m. since DSS is not open on Saturday. The procedures in policy #4 above should be followed if this option is required. The only exception to this will be for final exams that are assigned a Saturday testing date. DSS will schedule and administer exams on those Saturdays.

It is the responsibility of the student to remind the instructor in advance of each exam that the test will be taken in DSS, and to inform him/her of the scheduled start time to ensure that an exam copy will be made available to DSS before that time.

Once an accommodation reservation has been established for a student’s exam, it is binding. Rescheduling will be allowed only with permission of the instructor and/or the Director of DSS.

If the student misses an exam due to disability related reasons, a makeup exam must be allowed by the instructor. The student is responsible for contacting the instructor to determine when the makeup exam must be completed by. The instructor must personally inform DSS of the parameters agreed upon with the student. As soon as an agreement is reached with the professor, the student must contact the DSS Testing Scheduler to set a testing accommodation reservation for the makeup exam. If an instructor requires proof that an absence was disability related before a makeup exam can be administered, the student must provide DSS with documentation from an appropriate treating professional substantiating that the absence on the original test date was disability related.

The student is expected to check in at the DSS office at least five minutes before the scheduled starting time for the exam. With the exception of emergency situations, a student who arrives late for an exam will not be given additional time to compensate for testing time missed due to tardiness.

If a student is suspected of cheating, a DSS staff member will immediately address the situation. The circumstances will be thoroughly documented and any evidence will be confiscated. This information will be given to the professor who will decide whether or not the student should be allowed to complete the exam and what further actions will be taken.

An alternate testing format shall be provided to any student whose disability prevents them from completing the normally formatted class exam. These situations are handled on a case-by-case basis to determine the best possible testing format to measure the student’s knowledge of the course information.

If a problem should arise between the instructor and the student regarding the implementation of testing accommodations, the student should inform DSS immediately. DSS will then intervene on the student’s behalf.

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Course Materials In Alternate Format

Students requiring classroom materials in alternate format (i.e., Braille, audiotape, large print and electronic format) will need to work very closely with DSS in order to ensure timeliness in the delivery of the needed materials. Students requiring course materials in Braille or in large print should contact DSS well in advance of each semester. Materials will be provided in alternate format if they are not available from other sources (i.e., Library of Congress or Braille Transcribers Guild). Only materials needed for a particular course in which the student is enrolled will be made available in alternate format. Students requiring information in audiotape form do have the right to select a reader who is not already on payroll through Disabled Student Services.

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Academic Suppport

Tutoring is not a required accommodation under either the Americans with Disabilities Act or the Rehabilitation Act of 1973. However, tutoring services that are provided to the general student body must also be equally available and accessible to students with disabilities. The following academic support labs are open to any enrolled student: The Writing Center, The Math Lab, The Accounting Lab, The Computer Consulting Center and The Language Learning Center. All of these labs have proven to be of great assistance to students with specific subject matter needs and more information on them can be found on the CSUSM homepage (www.csusm.edu).

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Notetaker Services

Students who are approved for notetaking services are responsible to recruit their own notetakers for each class in one of two ways: 1) personally approach a classmate one-on-one; or 2) have the instructor read a DSS generated recruitment announcement in class, which directs interested notetaking candidates to meet with the student at the end of the class period.

The student will need to direct the notetaker to DSS to fill out paperwork and pickup the notetaking packet. If the in-class announcement is the preferred recruitment method, the announcement letter is also obtained at the DSS office. DSS will provide each notetaker with a special two-part self-carboned notetaking paper that will allow both the DSS student and the notetaker to be provided with notes at the end of each class.

Only CSUSM enrolled students are eligible to serve as stipend paid notetakers. Notetakers are paid a stipend for each class in which they successfully provide one semester of notetaking services. A prorated stipend is provided for a partial semester of services. In addition, each notetaker receives one semester of priority registration for each completed semester of notetaking services. In very specific cases, DSS may approve for a notetaker to be paid on an hourly basis.

In order to receive notetaking services, the DSS student is expected to attend class on a regular basis and meet with the notetaker at the end of each class period to secure a copy of the class notes. The only exception, other than emergencies, will be in cases where a student misses class meetings due to documented disability related reasons. In such cases, DSS will require current documentation from a treating professional to verify the legitimacy of the student’s absences.

Should any notetaking questions or problems arise during the semester that cannot be answered or settled directly between the DSS student and the notetaker, are both encouraged to contact the DSS office for assistance and solutions.

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Adapted Equipment

The following items are available for student use in the academic setting: four-track and two-track tape recorders and players, spellcheckers, Perkins Brailler, talking calculators, assistive listening device and a TDD (for in-office use only). These items, except for the TDD, are available on a case-by-case basis and must be checked out and returned each semester. Students who fail to return loaned equipment will be referred to the Judicial Affairs Officer for appropriate action.

Additionally, DSS has two mobility scooters for students with mobility impairments to use on a short-term basis. These scooters can be reserved for one semester at a time on a first-come-first-served basis. It is important for mobility-impaired students to remember that they are responsible for providing their own scooters, canes, wheelchairs and other individualized pieces of equipment.

There is a small Adapted Technology Lab in Kellogg Library Rm. 3404 which has specially adapted computer equipment and software. However, this is a restricted use lab only and access is controlled through DSS. Please check with your DSS counselor for additional information on how to access this lab. Please also keep in mind that this lab will always be given first priority use to students taking DSS proctored exams as well as to those undergoing authorized training on the use of specific adapted computers and/or software.

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Service Animals

According to the Americans with Disabilities Act (ADA), a service animal is defined as “any animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals to an impending seizure or protecting individuals during one, and alerting individuals who are hearing impaired to intruders, or pulling a wheelchair or fetching dropped items.” If an animal meets this definition, it is considered a service animal regardless of whether or not it has been certified through a recognized training program. In compliance with the ADA, service animals must be permitted to accompany a person with a disability on campus.

A therapy animal is one that has reliable, predictable behavior, and is selected to visit with people with disabilities or people who are experiencing the frailties of aging as a therapy tool. A therapy animal may be an integral part of therapy treatment. The therapy animal does not accompany a person with a disability at all times. Thus, laws protecting service animals do not cover therapy animals.

It is expected that the partner of a service animal will maintain strict control of the animal at all times. Service animals may be asked to leave locations on campus when the animal behaves in an unruly fashion (i.e., barking, biting, running around or bringing attention to itself). In addition, it is expected that all service animals be well groomed and kept away from public areas of the campus if they are sick. There may be certain parts of the campus where a service animal cannot be allowed because of potential risk to the animal or laboratory specimens. However, DSS personnel should always be consulted in advance regarding these types of issues.

The service animal must be immunized against diseases common to that type of animal and all vaccinations must be current. Service animals (depending on type) must be properly licensed and must wear a leash. The care, supervision and cleanup of the service animal are the sole responsibility of its partner. Individuals with disabilities who physically cannot clean up after their service animal should contact DSS to make other arrangements. When in the presence of service animals, please observe the following:

• Allow a service animal to accompany the partner at all times, except where service animals are prohibited.
• Do not pet a service animal without the permission of its partner.
• Do not feed a service animal.
• Do not startle a service animal.
• Do not separate a service animal from its partner.
• Service animals housed in university housing must have an annual clean bill of health from a licensed veterinarian.

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Purchasing Books & Supplies

Students in need of assistance (non-financial) in buying their text books and school supplies at the University Store are strongly encouraged to contact Customer Service at (760) 750-4730 to make appropriate arrangements.

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Course Substitutions

DSS will work closely with an appropriate member of academic affairs in deciding the appropriateness of course substitutions for students whose disability prevents them from completing an academic requirement. Presently, substitution policies are in place for the foreign language and general education mathematics requirements. Under no circumstances will a course substitution be granted if doing so will substantially alter essential elements of an academic program.

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Disability Access and Compliance Committee (DACC)

The Disability Access and Compliance Committee (DACC) meets several times a semester to address disability issues of concern to the entire CSUSM community. This committee is comprised of student, faculty, staff and administration representatives. Students interested in learning more about DACC are strongly encouraged to meet with the Director of Disabled Student Services.

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Grievance Policy

Students who are denied appropriate academic accommodations by one of the faculty are encouraged to meet with the Director of Disabled Student Services. The Director will meet with the student’s instructor to try and resolve the problem informally. If the instructor still refuses to allow the accommodations recommended by DSS, the student will be encouraged to file a complaint with the Dean of Students. If the student files a complaint, the Dean of Students will initiate a formal investigation of the student’s grievance. Until the situation is resolved, the student will receive the accommodations suggested by DSS. Additionally, any student may file a grievance alleging that he or she has been discriminated against as the result of an action taken by any department or unit of the University, including DSS. Grievances can include, but are not limited to, denial of accommodation, delay and/or denial of services or auxiliary equipment, unequal treatment, program and architectural inaccessibility, or failure to be reasonably accommodated in the employment setting (campus positions only). Students wishing to file a grievance are encouraged to consult with the Dean of Students who is located in Craven Hall 5306 and can be reached by phone at (760) 750-4935. Finally, students do have the right to file a grievance directly with the Office for Civil Rights (Region IX) if they choose to do so.

** This handbook can be made available in alternate formats upon request  **

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