Disabilities Brochure - Holy Cross College

This guidebook is based on St. Edward’s University’s Faculty Guidebook for Students with Disabilities. Lorrain Perea, MEd. LPC, Coordinator of Student Disabilities Services in Academic Planning and Support, granted permission to do so.

The sections on mobility and dexterity and speech impairments are based on The University of Notre Dame’s Students with Disabilities. Scott Howland, Program Coordinator for Students with Disabilities, granted permission to do so.

The sections on The Rehabilitation Act of 1973 and hidden disabilities were adapted from the Office for Civil Rights of the United States Department of Education.

The section on adapting emergency procedures for individuals with disabilities is based on Adapting Emergency Procedures for Individuals with Disabilities by Mary Farrell, Ph.D., published by the Association on Higher Education and Disability (AHEAD). Richard Allegra, Associate Executive Director, granted permission to do so.

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Dear Faculty, Staff and Students:

Holy Cross College’s mission statement recognizes and values a diversity of backgrounds among its students. “We accommodate a broad spectrum of needs, interests and backgrounds with a challenging, supportive and sacred environment.” Holy Cross College affirms that all students are valued members of the college’s community and that we strive to provide the same access to programs and activities to students with disabilities.

It is not always easy to understand students’ disabilities and/or to discern the appropriate accommodation. This Guidebook is an effort to remove any existing barriers, whether physical, programmatic, or attitudinal through the cooperation of all associated with Holy Cross College. This information also seeks to dispel any mystery that might exist around the services to be provided.

This Guidebook is a reference in that it delineates both students and instructors’ responsibilities. This book should foster better communication among students, faculty and staff and facilitate the learning of those for whom accommodation is appropriate.

Sincerely,

Tina S. Holland, Ph.D.

Senior Vice-President

Holy Cross College

To meet the standards set forth by our Mission Statement and in compliance with the legal requirements of The Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990, the Disability Services Coordinator (DSC) at Holy Cross College determines appropriate accommodations for all qualifying students with disabilities. The Disability Services Coordinator provides counsel and advocacy to students and works to promote the development of personal independence and self-reliance.

THE LAW

Holy Cross College has a responsibility to individuals with disabilities as mandated by federal laws such as the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). It is the focus of the Disability Services Coordinator to address procedures and practices which impact students with disabilities.

The law states that an institution cannot discriminate in the recruitment, admission, educational process, or treatment of students with disabilities. Students who have voluntarily disclosed that they have a disability (self-identified), provided documentation of the disability, and requested accommodations are entitled to receive: approved, reasonable modification of programs; appropriate academic adjustments; and proper auxiliary aids. These accommodations allow students to participate in and benefit from all of the educational programs and extracurricular activities at Holy Cross College.

The Rehabilitation Act of 1973

The Rehabilitation Act of 1973 was the first “civil rights” legislation to prohibit discrimination against people with disabilities. This law applied to programs conducted by federal agencies, those receiving federal funds such as college participation in federal student programs, federal employment, and employment practices of businesses with federal contracts. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in Title I of the Americans with Disabilities Act.

Section 504 of the Rehabilitation Act provides for “reasonable accommodations” for qualified individuals and requires that these persons not be excluded from, denied access to, or subjected to discrimination under any program. Agencies that provide financial assistance are governed by regulations covering all entities that receive federal aid. In addition to reasonable accommodations, Section 504 requires access to participation in all programs, facilitates communication for people with hearing or visual disabilities, and provides accessible construction and alterations in physical facilities.

The Section 504 regulation defines a qualified individual with handicaps for postsecondary education programs as a person with a handicap who meets the academic and technical standards requisite for admission to, or participation in, the college's education program or activity.

A college has no obligation to identify students with handicaps. In fact, Section 504 prohibits a postsecondary education recipient from making a preadmission inquiry as to whether an applicant for admission is a handicapped person. However, a postsecondary institution is required to inform applicants and other interested parties of the availability of auxiliary aids, services, and academic adjustments, and the name of the person designated to coordinate the college's efforts to carry out the requirements of Section 504. After admission (including the period between admission and enrollment), the college may make confidential inquiries as to whether a person has a handicap for the purpose of determining whether certain academic adjustments or auxiliary aids or services may be needed.

Many students with disabilities, seeking college degrees, were provided with special education services during their elementary and secondary school years. It is especially important for these students to understand that postsecondary institutions also have responsibilities to protect the rights of students with disabilities. In elementary and secondary school, their school district was responsible for identifying, evaluating, and providing individualized special education and related services to meet their needs. At the postsecondary level, however, there are some important differences. The key provisions of Section 504 at the postsecondary level are highlighted below.

At the postsecondary level it is the student's responsibility to make his or her handicapping condition known and to request academic adjustments. This should be done in a timely manner. A student who requests academic adjustments or auxiliary aids because of a handicapping condition may be requested by the institution to provide documentation of the handicap and the need for the services requested. This may be especially important to an institution attempting to understand the nature and extent of a hidden disability.

The requested documentation may include the results of medical, psychological, or emotional diagnostic tests, or other professional evaluations to verify the need for academic adjustments or auxiliary aids.

The Americans with Disabilities Act of 1990 (ADA)

According to the ADA, “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity.”

ADA is the civil rights guarantee for persons with disabilities in the United States whether or not they are citizens and without regard to racial or ethnic origin. International students with disabilities are entitled to any and all of the same services and support provided by law to any other student with a disability enrolled in a program of higher education in this country. ADA provides protection from discrimination for individuals on the basis of disability. The ADA extends civil rights protections for people with disabilities to employment in the public and private sectors, transportation, public accommodations, services provided by state and local government, and telecommunication relay services.

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ELIGIBILITY

Students with disabilities have met the same admission standards as non-disabled students. Holy Cross College cannot limit the number of qualified students with disabilities admitted to the college.

Qualifying: A student is eligible for accommodations when qualifying criteria set forth by the Association on Higher Education and Disability (AHEAD), with support from the U.S. Department of Justice, have been met. Adequate information from a licensed professional qualified to diagnose the particular disability must be presented to the Disability Services Coordinator. Accommodations are then determined based on the individual needs of students and the recommendations of the documentation.

Identifying: Although students are legally entitled to request accommodations at any time during the semester, faculty members are encouraged to help identify students as soon as possible.

Confidentiality: All documentation of a disability is treated as a confidential medical record. These records are maintained and kept with the DSC confidential files until the student leaves Holy Cross College.

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DEFINITION OF A DISABILITY

Under the ADA and according to the Association on Higher Education and Disability (AHEAD), a “person with a disability” is someone with a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability if s/he has the disability, has a record of the disability, or is regarded as having the disability.

“Physical Impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, muscular-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genital-urinary, hemic and lymphatic, skin and endocrine.

“Mental Impairment” means any psychological disorder, organic brain syndrome, emotional or mental illness, specific learning disabilities, mental retardation, and any psychological disorder as diagnosed by a licensed professional using the Diagnostic and Statistical Manual of Mental Disorders — Fourth Edition (DSM-IV).

“Substantially Limits” means unable to perform a major life activity or significantly restricted as to the condition, manner, or duration under which a major life activity can be performed. This is in comparison to the average person or to most people; the availability of some mitigating measure (such as a hearing aid for someone with a hearing loss that brings hearing acuity within normal limits) is not to be considered when determining if the disability substantially limits the individual.

“Major Life Activity” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The impairment must be severe enough to result in substantial limitation of one or more life activities. Impairments that do not affect a major life activity do not qualify. Assessment of whether a person has a disability is made without regard to availability of a reasonable accommodation or auxiliary aid.

Hidden Disabilities

Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy. A disability such as a limp, paralysis, total blindness or deafness is usually obvious to others. But hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious. A chronic illness involves a recurring and long-term disability such as diabetes, heart disease, kidney and liver disease, high blood pressure, or ulcers.

The following examples illustrate how Holy Cross College can address the needs of students with hidden disabilities.

A student with a long-term, debilitating medical problem such as cancer, kidney disease, or diabetes may be given special consideration to accommodate the student's needs. For example, a student with cancer may need a class schedule that allows for rest and recuperation following chemotherapy.

A student with a learning disability that affects the ability to demonstrate knowledge on a standardized test or in certain testing situations may require modified test arrangements, such as oral testing or different testing formats.

A student with a learning disability or impaired vision that affects the ability to take notes in class may need a note taker or tape recorder.

A student with a chronic medical problem such as kidney or liver disease may have difficulty in walking distances or climbing stairs. Under Section 504, this student may require special parking space, sufficient time between classes, or other considerations, to conserve the student's energy for academic pursuits.

A student with diabetes, which adversely affects the body's ability to manufacture insulin, may need a class schedule that will accommodate the student's special needs.

An emotionally or mentally ill student may need an adjusted class schedule to allow time for regular counseling or therapy.

A student with epilepsy who has no control over seizures, and whose seizures are stimulated by stress or tension, may need accommodation for a stressful activity such as lengthy academic testing.