Students with Disabilities

FAQs — for Faculty and Staff

We have found that faculty members who have been most successful in dealing with students with disabilities are those who make a general announcement to the class on the very first day. Example:

"If any student in the class has a disability and would like to share information about accommodations, please make arrangements to see me privately. There may be one or more students in the course who require notetakers, seating, accessibility accommodations, or test accommodations. These accommodations are designed to give those students equal access to the course and should not be viewed as privileges or advantages. If you are aware of a disability that you may have but have not sought services, you will need to contact the Office of Student Affairs."

How do I explain to other students in the course why someone with a disability gets an accommodation like a notetaker or extra time on an examination, when no one else gets those things?

It is not only fair, it is legal entitlement under that student's civil right to have equal access to his/her education. The first class/lab session presents an excellent opportunity for you to teach students that under the Americans with Disabilities Act, persons with visible and "hidden" disabilities are entitled to those accommodations that will "equal the playing field" in the classroom/lab setting for each student. This brief presentation also indicates to students with disabilities that they are encouraged to come forward and share their information privately with the instructor regarding their particular disability and their needs in the classroom/lab. It is also a good time to mention that the Office of Student Affairs does hire competent notetakers and that interested students may want to stop by or call the office about becoming a paid notetaker.

NOTE: It is NEVER Appropriate to address test accommodations of one or more students openly in front of other class members. This is serious violation of the student's rights under the Family Educational Rights and Privacy Act of 1974, the ADA and Section 504.

Aren't we over-enabling students by giving them extra help in class through accommodations like spell checkers, calculators, notetakers, extended time on exams?

No, we are not over-enabling as long as students are still expected to meet the essential requirements of the course regardless of accommodations. By virtue of meeting the admissions criteria, they have the right to be in class and are entitled to reasonable accommodations in accordance with legal documentation provided to the Office of Student Affairs.

Who is ultimately responsible for providing appropriate accommodations?

Faculty are personally and legally responsible for providing or denying the student's accommodations. The SUNY Upstate Medical University sets policy; the Office of Student Affairs follows policy and establishes procedures when they determine reasonable accommodation after being provided with legal documentation of the disability.

The Office of Student Affairs helps the SUNY Upstate Medical University and faculty members ensure that the appropriate legal guidelines are met in providing equal opportunities for students with disabilities under the Americans with Disabilities Act.

If a faculty member knowingly denies a reasonable accommodation as legally documented and recommended by the Office of Student Affairs, the faculty member can be held personally and legally accountable for violating the civil rights of that student.

Does the Office of Student Affairs have to share information regarding the specific nature of a disability with faculty, staff or tutors.

Absolutely not. In fact, the Office of Student Affairs cannot legally share disability related information unless a student signs a release form to that effect. You must also exercise discretion in the class room/lab regarding the confidentiality rights of the student relative to other classmates. Please encourage students to speak to you in private about accommodations.

Is it okay to fail a student with a disability?

If a student has not met the basic requirements for competently demonstrating knowledge in a course or has not completed the required work for passing, and if all recommended accommodations have been fairly provided by the instructor, then yes... you have a responsibility to fail the student. Remember, the idea is to create an environment in which the student with a disability has a learning opportunity that is equal to that of his/her peers. Once the student has been accommodated, he/she is expected to work at a level equal to the other classmates in order to pass the course.

What if the student does not disclose to a faculty member the disability or need for accommodation until the day of an exam or due date for an assignment.

In this case, the student has not given the faculty member adequate time or opportunity to appropriately accommodate his/her needs. The student has failed to go through the proper channels recommended by the SUNY Upstate Medical University in order to be accommodated. Advise the student that you will do the best you can in that instance, but in order to provide appropriate accommodations for the remainder of the semester, he/she will have to register with the Office of Student Affairs.

Does a faculty member have to provide books on?

No. However, the student does have the right to ask for the required books a month or two in advance so he/she may order them on tape. This process can take several weeks and needs to be attended to prior to the first week of class if possible.

Does a faculty member have to provide a notetaker?

No. Students have been clearly told it is their responsibility to find a notetaker. But, it is helpful if you make a general announcement to the class that there is a need for one in the class. Mention that the Office of Student Affairs recruits and hires notetakers each semester. Interested students can be directed to the Office of Student Affairs If a student is not able to find a notetaker in the class, the Office of Student Affairs requests that or the instructor(s) do his/her best to help amend the student(s) notes either by providing the class outlines, lecture notes, or outlines of important concepts and main ideas. For students with written expression problems, the lack of a notetaker may mean the difference between passing or failing the course. Any ideas or help that a faculty member might offer in this situation is greatly appreciated.

Do I have to provide accommodations on tests like readers, a computer, a quiet location or extra time?

Ultimately, yes faculty members are responsible for ensuring that a student is accommodated on tests. Remember, that faculty members cannot arbitrarily determine accommodations but must follow the recommendations outlined in the letter from the Office of Student Affairs which the student has provided.

How is it that one student may have an accommodation but another student doesn't, particularly if its the same disability?

All accommodations are assigned according to a case-by-case need based on documentation and the determination of appropriateness by the special needs coordinator. The Office of Student Affairs reserves the right to retain flexibility in determining accommodations based on the individual needs and circumstances of each student.

What happens if a student with a documented and disclosed disability is denied accommodations?

The student has the right to file a complaint with the ADA Coordinator in the Diversity and Affirmative Action Office and an investigation will occur. If the student's rights have been violated both the institution and/or the faculty/staff member can be held responsible for violating the civil rights of the student making the complaint.

Is a disability an excuse for bad behavior in the classroom, lab or in administrative offices on-campus?

No. Students with disabilities rights are intended to allow for equal access to and participation in the learning environment at the SUNY Upstate Medical University. The disability does not entitle a student with disabilities to disrupt the learning process for any other student in the course. Likewise, a disability does not entitle the student to be disruptive or exhibit poor behavior while seeking use of the services that other students use on-campus. Faculty and staff are encouraged to follow the same procedure that they would with any other student in the event of a legitimate infraction of the Student Code of Conduct, as outlined in the Upstate Medical University Student Handbook text.