What are the rights and responsibilities of a student with a disability?
Students with disabilities have the right to equal access to courses, programs, activities, services, and facilities offered at Midwestern State University. Students are also entitled to reasonable accommodations. All information about the student’s disability is to be kept confidential. Students have the responsibility to provide acceptable documentation of disabilities and to register with for Disability Support Services (DSS) if they would like to receive accommodations. If students deem it necessary to receive accommodations and for a particular class, students have the responsibility to inform the instructor.
What are the rights and responsibilities of an instructor when working with students with disabilities?
An instructor has the right to confirm a student’s request for accommodations and to ask for clarification about a specific accommodation with DSS. Instructors do not have the right to refuse to provide an accommodation or to review a student’s documentation including diagnostic data. Instructors have a responsibility to work with DSS in providing reasonable accommodations, keep all records and communications with students confidential, and to refer a student to DSS who requests accommodations but is not currently registered. Instructors do not have to provide accommodations for students not registered with DSS.
Why does an instructor have the responsibility to make reasonable accommodations for students with disabilities?
An instructor has the responsibility to make reasonable accommodations because accommodations make it possible for a student with a disability to overcome barriers enabling the student to effectively communicate what he or she knows. The instructor also has a legal responsibility to provide appropriate accommodations. For more information go to the Americans With Disabilities Act website www.ada.gov.
How are appropriate accommodations for a student determined?
If an instructor feels that a particular student may have a substantially limiting disability, to where should he or she refer the student?
If an instructor feels that a particular student may have a substantially limiting disability, he or she should refer the student to DSS.
What if a student with a disability is disruptive in class?
A student with a disability who is disruptive in class should be treated as an instructor would treat any student who is disruptive in class. If an instructor feels that there is a medical reason for the student’s behavior, the instructor can discuss this with the DSS office to determine if there is a solution to the problem.
What if a student with a disability is failing?
It is important for instructors to remember that providing reasonable accommodations to a student with a disability does not guarantee success in the course. Students with disabilities may not master the course material, just like any other student. Students with disabilities have the same right as other students to fail as part of their educational experience.
May I Fail a Student with a Disability?
Yes, it is possible to fail a student with a disability. The applicable laws mandate access to education, not guaranteed academic success. When a faculty member has done all that is required, then failing the under-qualified student is proper and lawful. Here's a compliance checklist:
- Stand by academic standards and freedoms. Full and equitable access to academic programs serves as the foundation to standards and freedoms.
- Communicate clear and concise expectations for performance to your students. Care should be taken to distinguish between essential and non-essential components of the course.
- Allow reasonable accommodations. Accommodations are changes in the way things are done and affect only non-essential aspects of a course. They are reasonable so long as course standards are not fundamentally altered.
- Notify students of your willingness to accommodate. This can be done verbally during lectures and in writing within a course syllabus.
- Consult with the student and DSS staff. Any student should generate his or her own requests for accommodations. Requests should be supported with documentation and student input for the need for accommodation. A sensible link between the disability's functional limitations and the accommodation requested must be supported.
- Permit students to use auxiliary aides and technologies which ensure access. Depending on the disability, students may use note takers, sign language interpreters, readers, or scribes. Others may use tape recorder/players, computers, assistive listening devices, and other technologies for the same purpose.
- When requested, provide alternatives to printed information such as Braille, computer electronic text, and large print. If Internet resources and other technologies are used, then they must be as accessible to students with disabilities as they are for other students. DSS can assist with producing alternative formats.
- Make academic adjustments in instruction. Some students need lecturers to face the audience while speaking. Others may need written or graphic information spoken aloud or described. Adjustments such as these may be made after the student requests them.
- Grant testing accommodations. Again, depending on the particular needs of a student, it may be necessary to extend testing times, change testing formats, test in a quiet environment, and so on. Instructors may accommodate independently or use DSS test accommodation services.
- Regard disability-related discussions and information with the strictest confidentiality.
If compliance checks out, you may fail the student who isn't otherwise qualified. For additional information or questions, contact DSS at (940) 397-4140 or email DSS at disabilityservices@msutexas.edu.