Faculty Handbook

  TABLE OF CONTENTS

  • Letter from the President
  • Introduction
  • Legal Justification for Providing Reasonable Accommodations
  • Disability Categories & Instructional Tips

    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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