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Association on Higher Education and Disability July 14, 2011

Determining Commonly Requested Accommodations: Applying Best Practices to Complex Cases in Decision- Making. Association on Higher Education and Disability July 14, 2011. Session Objectives. Definition of Disability under the Americans with Disabilities Act (ADA).

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Association on Higher Education and Disability July 14, 2011

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  1. Determining Commonly Requested Accommodations: Applying Best Practices to Complex Cases in Decision- Making Association on Higher Education and Disability July 14, 2011

  2. Session Objectives Banerjee & Brinckerhoff, July 2011

  3. Definition of Disability under the Americans with Disabilities Act (ADA) Statutory definition of “disability”: • a physical or mental impairment that substantially limits one or more major life activities; • a record of such an impairment; • being regarded as having such an impairment. Source: http://www.ada.gov/pubs/adastatute08.htm Under the ADA, a person must meet at least one of these three criteria to be an individual with a disability. Banerjee & Brinckerhoff, July 2011

  4. ADA ADA Amendments Act (ADA AA) • The Americans with Disabilities Act was passed in 1990; it is a federal civil rights, non-discrimination statute. • The ADA Amendments Act was signed into law on September 25, 2008 and became effective January 1, 2009 • The ADA AA regulations were passed end of March and became effective on May 24, 2011. Banerjee & Brinckerhoff, July2011

  5. ADA Enforcement • The Office of Civil Rights (OCR) enforces both Section 504 and Title II of ADA • According to guidance provided by the U.S. Department of Education (2006), institutions are not required to provide a free appropriate public education (mandated for school age children) but rather provide appropriate academic adjustments or accommodations. • These accommodations though will be considered only upon request and are intended to ensure equal educational opportunity. • Accommodations which lower or substantially change academic requirements are not covered. (Katsiyannis, A.; n.d.) Banerjee & Brinckerhoff, July2011

  6. ADA Amendments Act, 2008 (ADA AA) • Provides an expanded definition of major life activities, and a non-exhaustive list of bodily functions • States that mitigating measures other than "ordinary eyeglasses or contact lenses" should not be considered in assessing whether an individual has a disability • Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity, when active Banerjee & Brinckerhoff, July 2011

  7. ADA Amendments Act, 2008 (ADA AA) • Proposes increased emphasis on precedence and past history of accommodations and less analysis of “disability status” • Directs EEOC to revise regulations defining the term "substantially limits” Banerjee & Brinckerhoff, July2011

  8. Disability Documentation Banerjee & Brinckerhoff, March 2011

  9. Why documentation review is complicated? • Purpose of disability documentation between secondary and postsecondary institutions is different (Banerjee & Shaw, 2007; Gormley, Hughes, Block, & Lendman, 2005; Gregg, 2007; Lendman, 2008) • Documentation provided often does not meet established guidelines; has missing or insufficient evidence (Banerjee & Madaus, 2011 submission) • Documentation provided is an IEP, 504 Plan, or Summary of Performance (SOP) Banerjee & Brinckerhoff, July2011

  10. Why documentation review is complicated? • Review process is varied across postsecondary institutions; although, the primary task of review is the same – i.e., to determine whether evidence provided supports the diagnosis and recommended accommodations (Lindstrom, 2007) • Documentation review is influenced by reviewer demographics (Madaus, Banerjee, & Hamblet, 2010) • Lack of research (confirmatory factor analysis) to determine underlying factors (processes/construct) for specific tasks (Gregg, 2007); left with “face validity” exercise in determining accommodations Banerjee & Brinckerhoff, July2011

  11. Terminology for Documentation Review Banerjee & Brinckerhoff, March 2011

  12. Disability construed in favor of broad coverage DOJ Court Settlement with NBME (Feb 2011) • Yale medical student with dyslexia requested double time and a separate room for medical exam • DOJ found NBME made “demands unnecessary or redundant, burdensome and expensive repeated professional evaluations or irrelevant testing unrelated to the ability to demonstrate one’s knowledge or skills” Banerjee & Brinckerhoff, July2011

  13. Disability construed in favor of broad coverage Requirements put forth by DOJ to NBME: • Must only request information about (a) existence of physical or mental impairment; (b) where impairment substantially limits one or more major life activities within meaning of the ADA; and (c) whether and how impairment limits applicant’s ability to take USMLE under standard conditions. • Must carefully consider recommendations of qualified professionals • Must carefully consider all evidence indicating ability to read is substantially limited with the meaning of the ADA, including extent to which it is restricted as to the condition, manner or duration compared to the reading ability of most people Banerjee & Brinckerhoff, July 2011

  14. Terminology for Documentation Review Banerjee & Brinckerhoff, July2011

  15. Terminology for Documentation Review Banerjee & Brinckerhoff, July 2011

  16. EXAMPLE ETS Documentation Review Criteria ETS Documentation Review Criteria Do not reproduce

  17. Terminology for Documentation Review Banerjee & Brinckerhoff, July2011

  18. Terminology for Documentation Review Banerjee & Brinckerhoff, July2011

  19. Documentation Update (cont.) Documentation Update (cont)

  20. Documentation Update (cont.) Documentation Update (cont)

  21. Terminology for Documentation Review Banerjee & Brinckerhoff, July2011

  22. Terminology for Documentation Review Banerjee & Brinckerhoff, July2011

  23. Terminology for Documentation Review Banerjee & Brinckerhoff, July2011

  24. Terminology for Documentation Review Banerjee & Brinckerhoff, July2011

  25. Terminology for Documentation Review Banerjee & Brinckerhoff, July 2011

  26. Terminology for Documentation Review Banerjee & Brinckerhoff, July 2011

  27. Terminology for Documentation Review Banerjee & Brinckerhoff, July 2011

  28. Three Basic Steps in Documentation Review Banerjee & Brinckerhoff, July 2011

  29. Mining Documentation for Evidence Banerjee & Shaw, 2007 Banerjee & Brinckerhoff, July 2011

  30. Components in Accommodation Decision Making (Practitioner) Intake/Input Documentation Accommodations Course Expectations Requirements/ Technical standards Brinckerhoff & Banerjee, July 2011

  31. Extended Time Accommodation Banerjee & Brinckerhoff, July 2011

  32. Extended Time Accommodation Banerjee & Brinckerhoff, July 2011

  33. Extended Time Accommodation Banerjee & Brinckerhoff, July 2011

  34. Extended Time Accommodation Banerjee & Brinckerhoff, July 2011

  35. Note-Taker Accommodation Banerjee & Brinckerhoff, July 2011

  36. Note-Taker Accommodation Banerjee & Brinckerhoff, July 2011

  37. Note-TakerAccommodation (cont.) * This factor needs to be considered with a caveat; it often becomes a catch-all for all accommodation requests. Banerjee & Brinckerhoff, July 2011

  38. Note-TakerAccommodation Banerjee & Brinckerhoff, July 2011

  39. Note-Taker Accommodation Banerjee & Brinckerhoff, July 2011

  40. Alternative Media Accommodation Banerjee & Brinckerhoff, July 2011

  41. Alternate Media Accommodation Banerjee & Brinckerhoff, July 2011

  42. Alternate Media Accommodation Banerjee & Brinckerhoff, July 2011

  43. Alternate Media Accommodation Banerjee & Brinckerhoff, July 2011

  44. Clues for Documentation Review Adapted from Banerjee & Shaw, 2007 Banerjee & Brinckerhoff, July 2011

  45. Concluding Thoughts Banerjee & Brinckerhoff, July2011

  46. Audience Q and A Banerjee & Brinckerhoff, July 2011

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