This page uses javascript to help render elements, if you have problems please enable javascript.
 
Skip to main content
 
 
 
 
 
 
You are now inside the main content area
 
 
 
left col

Faculty Resources

right col
 
left col

List of Resource Links

Universal Design Strategies

Federal Legislation

There are a few important pieces of federal legislation that impact disability accommodations on college campuses:

    Section 504 of the Rehabilitation Act (1973)

This civil rights act specifically addresses discrimination against persons with disabilities. The law is applicable to all institutions or businesses that receive any federal funding, including colleges and universities. It provides for academic modifications, auxiliary aides, and accommodations for students with disabilities in post-secondary education.

 

    The Americans with Disabilities Act (ADA) - 1991

Based on Section 504 of the Rehabilitation Act, this landmark legislation further outlines non-discrimination on the basis of disability in employment, communications, and transportation. This act impacts campus facilities, communications (publications and website), and employment.

 

    The Americans with Disabilities Act Amended (2008)

The amendment reestablishes the intended broad application of the original act to include all forms of disability and to provide protection from discrimination for this group.

 

Additional Resources

All of the federal laws listed above protect students with disabilities from discrimination and ensure equal access. As a private institution, we are most closely bound by Section 504, although the definitions from the ADA Amended legislation apply to anyone covered by Section 504.

There are significant differences in services for students attending K-12 and postsecondary schools. The Office for Civil Rights (OCR) in the U.S. Department of Education is responsible for the enforcement of the above laws in regard to students with disabilities in postsecondary settings.

 

Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities   —Publication from the Office of Civil Rights

 

Making the Transition from High School to College for Students with Disabilities  —Publication from the National Center for Learning Disabilities (NCLD)

Americans With Disabilities Act (ADA) - Explained

What is the ADA?

The Americans with Disabilities Act (ADA) is a law, signed in 1990 and amended in 2008, that protects the rights of people with disabilities and prevents discrimination on the basis of disability. It requires employers, local and state governments, and providers of public services to provide reasonable accommodations to people with disabilities.

What is considered a disability under the ADA?

The ADA does not list every disability. It defines disability as

  1. a physical or mental impairment that substantially limits one or more major life activities (i.e. working, talking, hearing, seeing, thinking, communicating, caring for one's self, major bodily functions)
  2. the record of such an impairment (for example, someone having recovered from cancer or a serious illness)
  3. being regarded by others as having an impairment (such as individuals with severe facial scarring)

According to the ADA National Network, “Examples of specific impairments that should easily be concluded to be disabilities include: deafness, blindness, intellectual disability, partially or completely missing limbs, mobility impairments, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia.”

What is considered a reasonable accommodation?

A reasonable accommodation is one that allows the person with a disability to participate in a comparable way as those without disabilities (for example, making an employee able to perform essential job functions) without imposing “undue hardship.” Undue hardship is explained by the ADA National Network as an “’action requiring significant difficulty or expense’ when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization.”

What sorts of protections are provided by the ADA?

There are five sections or titles that apply to different circumstances.

Title I applies to employment private entities of 15 employees or more

Title 2 applies to local and state governments.

Title 3 applies to public accommodations and commercial facilities.

Title 4 applies to telecommunications.

Title 5 comprises miscellaneous provisions.

Who enforces the ADA?

This depends on the regulation and circumstance in question. Generally, the Equal Employment Opportunity Commission (EEOC) handles employment (Title I) issues, while the Department of Justice (DoJ) handles legal suits (Title II and III).

Are any public institutions exempt from the ADA?

Religious or ministerial positions are exempt from Title I, though employees of a religious institution may still be covered under Title I if their position is not ministerial in nature. Religious institutions or entities controlled by religious institutions, including places of worship, are exempt from Title III. However, they may still be covered by Section 504 of the Rehabilitation Act if they have received federal funding.

Can you be protected by the ADA if you are nondisabled?

Yes. In some cases, an advocate acting on the behalf of someone with a disability may be protected by non-retaliation statutes. Also, because one way the ADA defines disability is “being regarded as having such an impairment,” the ADA may apply if a person is perceived and treated as though they were disabled, even if they do not consider themselves functionally disabled.

 

Rights and Responsibilities

Introduction

Educational access is the provision of classroom accommodations, auxiliary aids and services to ensure equal educational opportunities for all students regardless of disability. Creating equal educational opportunities is a collaborative effort between the student, the faculty member, and Disability Support Services (DSS) at CSUF.  DSS is available at 657-278-3112 or at  fullerton.edu/dss. 

Section 504 of the Rehabilitation Act of 1973 and The Americans with Disabilities Act (ADA) of 1990 protect students with disabilities from discrimination that may occur as a result of misconceptions, attitudinal barriers, and/or failure of the institution to provide appropriate accommodations, auxiliary aids, or services. Examples of accommodations and auxiliary aids include, but are not limited to:  qualified interpreters, note takers, extra time for exams, and educational materials in alternate format (i.e. Braille, captioned videos, electronic format, large print materials).  

Faculty Rights and Responsibilities

Faculty have the right to   :

  • Request verification of a student’s eligibility for any requested accommodations. Such verification will be in the form of a letter provided by a DSS counselor and delivered by email. DSS is the only office designated to review disability documentation and determine eligibility for appropriate accommodations. Faculty should not require students to show documentation beyond their Course Accessibility Letter.

  • Expect the student to initiate accommodation requests. 

  • If the student is taking their tests at DSS, expect DSS to administer exams in a secure and monitored environment.

Faculty have the responsibility to:

  • Identify and establish essential functions, abilities, skills, and knowledge of their courses and evaluate students on this basis. Students with disabilities should meet the same course expectations as their peers.

  • Provide disability-based accommodations only to students who are registered with DSS.

  • Use a syllabus statement and class announcements to invite students to disclose their needs. . 

  • Meet with student to discuss implementing accommodations and consult with DSS as needed.

  • Treat and protect all disability-related information as confidential.

  • Clearly communicate your testing procedures with the student and with DSS by completing the Titanable exam information.  DSS requests exams and instructions at least 24 hours prior to the exam.

PLEASE NOTE: Faculty do NOT have the right to ask students if they have a disability.  For those students with documented disabilities, faculty do NOT have the right to ask about the nature of the disability.  However, if students choose to disclose their disability, this information should be treated confidentially.

Student Rights and Responsibilities

Students have the right to:

  • Expect all disability-related information to be treated confidentially. 

  • Receive appropriate accommodations in a timely manner from faculty or DSS.  Students should have the opportunity to meet privately with faculty to discuss needed accommodations and any other concerns.

  • Appeal decisions regarding accommodations. 

  • Request assistance and advocacy from DSS as needed.

Students have the responsibility to:

  • Self-identify with DSS with a qualified disability.

  • Provide DSS with appropriate documentation of the disability.

  • Provide a Course Accessibility Letter to the faculty and initiate requests for specific accommodations in a timely manner, preferably early in the semester. 

  • Notify faculty/DSS immediately when an accommodation is not being provided completely or correctly.

  • Submit timely requests for note taking, testing taking, and alternative texts.  These request forms can be found on the DSS website.

DSS Rights and Responsibilities

DSS has the right to:

  • Receive the appropriate documentation from the student prior to the services being initiated.

  • Expect students and faculty to work with DSS to facilitate academic accommodations. 

  • Deny accommodations if they impose undue hardship to, or fundamentally alter, a program or activity of the college.

DSS has the responsibility to:

  • Meet with the student privately in an accessible location to discuss disability-related needs.

  • Review and maintain confidential records.

  • Proctor exams as directed in a secure and monitored environment.

  • Provide appropriate accommodations in collaboration with the instructor and student.

  • Provide materials in accessible format upon request.

Information was adapted from a publication funded by the U.S. Department of Education. 

Disability Etiquette

General Tips

Students with disabilities are the same as other students and typical etiquette rules apply to them. However, in some instances, there are unique situations or characteristics that are evident for a student with a disability that may confuse the application of typical etiquette rules. Further, not all students with disabilities will necessarily feel the same about disability etiquette, but keeping the following points in mind should help you when working with students with disabilities.

Eye Contact

  • If the student is using a wheelchair, look downward. It is even better to move to a level spot by squatting or sitting and looking directly at them.

  • If a student uses an interpreter, talk and look at the student.

  • The interpreter gives voice to the student's words.

  • Address questions to the student, not the interpreter.

  • If the student is using lip-reading to understand what you are saying, face them when speaking.

How to Assist

  • Ask how you can help first.

  • Ask first if the student wants or needs assistance - for example, don't take a person's hand as a guide if the person is blind or visually impaired or if a student is struggling to put on a coat or buckle a boot.

  • All students have the right to choose who may touch them and when.

  • What may look clumsy to you may be the way the student has adapted to complete tasks.

Conversations

  • Allow students to complete thoughts or sentences.

  • If a student is using an assistive communication device, or stuttering, or just having difficulty speaking, let the student complete their communication.

  • Avoid interrupting the student's thought process.

  • Provide clear feedback if you are unable to hear or understand what the student is saying.

  • Ask if there is another means to communicate. The student may be able to write it down or type it into a keyboard. In either case, avoid pretending to understand and always ask for clarification.

Service Animals

  • Don't pet and play with the animal.

  • Before touching the animal, ask permission.

  • Typically, service animals in harnesses are working and should not be playing or socializing.

  • Distracting the animal's attention may put the student in danger, as the animals are not attending to their work responsibilities.

  • See Service Animals for more information.

Speaking

  • Help students understand you better; be clear.

  • Increasing volume or slowing speech  does not  assist students.

Non-Verbal Communication

  • Recognize that some students with disabilities have a difficult time interpreting and recognizing the use of non-verbal communication.

  • If someone is not responding to your non-verbal cues, then verbalize what you're trying to express.

  • Be clear and unambiguous; When someone understands what you are trying to communicate, they can comply or respond.

  • For the most part, using common sense is the best approach to etiquette for students with and without disabilities. Always remember to respect the individual. Often having a sense of humor and a willingness to learn will go a long way in working with a student with a disability.

Person First Language

  • When referring to people with disabilities, it's most appropriate to put the person first. Rather than saying, "disabled student," one should say, "student with a disability."

Service Dogs and Emotional Support Animals

Service Animal

A Service Animal is an animal that is individually trained to perform tasks for people with disabilities including physical, intellectual, sensory or psychiatric disabilities. Service Animals are dogs or miniature horses only. Service Animals are fully protected under the ADA as working animals and are not pets.

Emotional Support Animal

An Emotional Support Animal (ESA) is an animal that provides comfort or alleviates at least one symptom related to a psychological disability. ESA’s are not trained to perform tasks and are not limited to dogs. ESA’s are only allowed in on-campus housing for residents who have been approved by DSS.

What is the difference between an Emotional Support Animal and a Psychiatric Service Dog?

A Psychiatric Service Dog is specifically trained to perform tasks to alleviate symptoms of a psychological disability, such as PTSD. An Emotional Support Animal’s presence may alleviate symptoms, but it is not trained to perform any particular tasks and can be another type of animal other than a dog.

 

Connecting with DSS

Service dogs  are welcomed and permitted on the CSUF campus. Individuals with disabilities who utilize service dogs are strongly encouraged to connect with Disability Support Services to ensure accessibility in all areas of campus.

Emotional Support Animals  may be permitted on the CSUF campus on a case-by-case basis. Before bringing a support animal onto campus, the requesting student must submit a request and supporting documentation to DSS. Emotional Support Animals may not reside in University Housing without prior approval and registration. Requests for a support animal will be evaluated by Disability Support Services.

 

DSS's Role with Service Aniamals and Emotional Support Animals

  • Educates students and university faculty/staff of the differences between Service Animals, Emotional Support Animals and etiquette.

  • Keeps records and documents for all Service and Emotional Support animals on campus.

  • Ensures equal access for all students with a qualified disability.

 

Etiquette

  • According to ADA law, only two questions may be asked:

1. Is this dog required because of a disability?

2. What task has the dog been trained to provide for you?

  • The specific disability does not need to be provided.

  • Do not pet, talk to, or distract a service dog without the owner’s consent.

  • Some individuals that require service animals do not have an obvious disability.

 

CSUF Policies

  • Service dogs are welcomed and permitted on campus (Americans with Disabilities Act Title II and III).

  • On the CSUF campus, a Service Animal can only be a dog.

  • Emotional Support Animals are allowed as an exception to housing policy on a case-by-case basis and are confined to the housing area (Fair Housing Amendments Act of 1988).

right col
 
left col
right col