In partnership with Student Disability Services, College of Western Idaho (CWI) faculty must provide students with disabilities equal academic opportunities and an inclusive learning environment through approved accommodations.
As with all students at CWI, students with accommodations are expected to know and abide by policies established by their instructor for class attendance and deadlines for assignments and exams. Faculty are encouraged to reference the information and guidelines below to ensure students are provided appropriate accommodations.
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Fundamental Alterations
Under the Americans with Disabilities Amendments Act of 2008, “A public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate, however, that the modifications would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification” (ADA Title II Technical Assistance Manual).
Determination
To determine if an accommodation fundamentally alters an essential requirement of a course or program:
- Contact a Student Disability Services Coordinator to discuss concerns and initiate the interactive process.
- Determine essential components of courses or programs.
- Instructor must complete the Determining Essential Requirements and Fundamental Alterations Form that will be submitted by the Student Disability Services team/ADA Coordinator via email to the Student Disability Services Director.
- Coordinator will discuss with Student Disability Services team/ADA Coordinator.
- Student Disability Services may involve campus partners as needed, faculty members within an academic program/course, the department chair, OCR, and other knowledgeable and trained administrators deemed appropriate in determining the reasonableness of the request, fundamental requirements of the course or program, or possible alternatives to accommodate the student.
- Coordinator will notify student the accommodation is under review.
- Determination will be made of whether or not the accommodation is a fundamental alteration.
- Once the essential elements are clearly defined by the instructor in the submitted Determining Essential Requirements and Fundamental Alterations Form, the Student Disability Services team/ADA Coordinator will meet to assess the information provided and determine if the accommodation is a fundamental alteration through a meaningful, informed, interactive, and collaborative process that is case-by-case and fact specific.
- Student will be notified of decision.
- After deliberation, the Student Disability Services Director informs the student of the final decision from the group of knowledgeable college professionals engaged in the process. If the accommodation is denied or modified, the Director will provide a written explanation of the reasons why it was denied or modified and opportunities for the student to respond to the decision.
Determining Essential Requirements and Fundamentals Alterations Form
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Attendance
A student with a disability may experience times when their disability impacts their ability to attend class. As such, flexibility in attendance may be considered an appropriate accommodation.
Guidelines
- The number of allowable absences is based on department, college, or accrediting agency policies, in addition to the interactive or participatory nature of a class.
- While Student Disability Services is unable to make any fundamental alterations to a course, including attendance, it is our goal to help students complete their courses successfully and missing too many classes may impact this success.
Considerations
The following considerations, set forth by the Office for Civil Rights, should be taken into consideration when modifying attendance expectations to accommodate a student:
- Is there classroom interaction between the instructor and students and among students?
- Do student contributions constitute a significant component of the learning process?
- To what degree does a student’s failure to attend constitute a significant loss to the educational experience of other students in the class?
- What do the course description and syllabus say?
- What are the classroom practices and policies regarding attendance?
Student Disability Services will accommodate modifications for attendance unless doing so threatens the integrity of the course as offered. Students requesting an attendance accommodation are encouraged to meet with their instructor(s) to make informed decisions regarding alternative options, as needed.
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Assignments & Exams
A student with a disability may experience times when their disability impacts their ability to complete assignments and tests at scheduled times. Similar to attendance, providing flexibility in deadlines and providing opportunities to make-up work are considered appropriate accommodations.
This accommodation is recommended when:
- An assignment was not listed on the syllabus initially and is given to students one week or less to complete.
- The assignment deadline is listed on the syllabus, but the student did not get the necessary information to complete it until there is one week or less to the deadline.
- An unexpected medical or physical episode interferes with the student’s ability to complete the work in the expected timeframe.
Guidelines
- The number of days given for each assignment or exam extension will depend on department, college, or accrediting agency policies, in addition to the interactive or participatory nature of a class. If special consideration in meeting deadlines is necessary, students must work with their instructor(s) to determine the maximum extension that can be given without compromising the integrity of the class or program.
- In general, assignments or exams given with more than one week to complete can be done successfully with proper management and planning and only warrant an accommodation when an unexpected disability-related episode occurs that prevents the student from following through, regardless of how much the student completed prior to that time.
- Unexpected illness or injury, recent diagnosis, or an onset or change in condition may warrant a withdrawal or incomplete from a course. In those cases, the institutional process should be followed.
- Students must factor in the reality of their own personal situation and use time effectively to complete assignments. Taking a heavy course load, having a job outside of school, or other family commitments do not justify allowing an accommodation even if they have a diagnosed disability that may otherwise support this accommodation.
- Some instructors allow all students in their class more time than they believe is needed for students to complete assignments and/or exams. For example, an instructor gives an assignment they believe should only take two days to complete but allows students three days. If all students in the class are provided an extended deadline, legal guidance suggests it would be discriminatory not to provide the extended time in addition to the time given to all students in the course.
Considerations
The following should be taken into consideration when modifying deadlines to accommodate a student:
- What is the purpose of the assignment? Is it necessary to have the assignment completed before an exam or discussion?
- What does the syllabus say about deadlines?
- Are students required to actively participate in class discussions/activities? How is participation figured into the final grade?
- How are students expected to interact with each other in class, with group work outside of class, or via Blackboard or e-mail?
- Is the material being learned in the class sequentially? Does each week’s material build on the material learned in the previous week(s)?
- Are there other lab or class sections the student could attend to catch up on missed material?
- What general policies exist for making up missed exams, pop quizzes? Turning in late work?
- Could missed assignments be turned in via discussion board or e-mail?
- Are exams to be taken at a specific time and place, or is there a window when the exam can be taken?
- Is it possible for students to work ahead in this class?
When listed on the letter of accommodation, class instructors are asked to consider whether or not such an accommodation would be reasonable for the class and the assignment(s) in question. It is recommended that the student receive 1 – 2 additional days, at most, as an accommodation when reasonable.
Final Decision
Points to consider in making a final decision include:
- Assess the average time all students are expected to spend on the project relative to the deadline and if the disability situation necessitates an extension beyond this deadline.
- Consider if it feasible to assign the project to the student with the disability in advance of other students while keeping the deadline consistent.
- Accommodation that become a fundamental alteration to the class do not have to be implemented.
Instructors with questions on how to best incorporate accommodations into a class or who do not believe an assignment extension is reasonable may consult with Student Disability Services prior to making a final decision.
Frequently Asked Questions
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One of my students claims they have a disability and need accommodations. What should I do?
If a student reveals they have a disability to an instructor, the instructor may refer them to Student Disability Services. As a general rule, faculty should not ask students to disclose or ask questions about a student’s disability status. If a student is struggling with coursework and there is not an active Letter of Accommodation, Instructors can provide Student Disability Services information as one of the many student support resources given to students who are struggling. Student Disability Services should not be provided as the only resource and it should never be assumed that a student has a disability.
College of Western Idaho believes students should develop skills of self-advocacy, be aware of their disabilities, and assist in the process of finding strategies to be successful. Ultimately, it is the student’s decision to seek assistance from the Student Disability Services.
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A student has requested accommodations, but I have not received a Letter of Accommodation for them. What should I do?
Letters of Accommodations (LOA) are sent to CWI email addresses for Instructor and student after their accommodations have been requested; typically at the start of the semester. If you did not receive this email, you can verify all of your students with active accommodations in the Faculty Access Portal on the Student Disability Services Faculty Support Webpage. If your student does not have active accommodations in place, please refer them to Student Disability Services.
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What if I am not agreeable to a particular accommodation?
Instructors are entitled to work with the student to provide reasonable accommodation. For questions about reasonable modifications or concerns, please contact Student Disability Services at 208.562.2410 or 208.562.2496.
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What if a student does not use every accommodation that is listed on their Letter of Accommodation?
Each class has different demands, so it is up to the student to decide which accommodations to use. It is also the student’s responsibility to remind the instructor which accommodations they will need.
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Is the Student Disability Services Letter of Accommodation retroactive?
No. Accommodations begin when the student discusses their Letter of Accommodation (LOA) with their instructor and the LOA has been sent to both student and Instructor by email. Students must have a new Letter of Accommodation each semester with the current accommodations listed.
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A student is having difficulty in my class, but does not have a Student Disability Services Letter of Accommodation. What should I do?
As a general rule, faculty should not ask students to disclose or ask questions about a student’s disability status. If a student is struggling with coursework and there is not an active Letter of Accommodation, Instructors can provide Student Disability Services information as one of the many student support resources given to students who are struggling. Student Disability Services should not be provided as the only resource and it should never be assumed that a student has a disability.
College of Western Idaho believes students should develop skills of self-advocacy, be aware of their disabilities, and assist in the process of finding strategies to be successful. Ultimately, it is the student’s decision to seek assistance from the Student Disability Services.
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A student with testing accommodations needs extended time, a reduced distraction testing room, and a reader. What do I do?
- Instructors fill out one (1) Alternative Testing Agreement (ATA) for each of their classes with students who have testing accommodations, at the beginning of the semester. The ATA can be accessed by a link on the LOA or through the AIM Faculty Portal on the Faculty Support for Accommodations page.
- If a student needs testing accommodations, it is the student’s responsibility to remind the instructor of their needs 3 days prior to the test date and schedule with Testing Services if taking their test with accommodations arranged through their services.
- Instructors submit the exam to the appropriate Testing Services location where proctors implement the student’s chosen accommodations within guidance of your regular testing procedures outlined in the ATA.
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As an instructor, what else can I do to help students receiving accommodations?
Instructors can help by:
- Taking the time to read the student’s Letter of Accommodation.
- Asking questions if an accommodation request is not clear. Communication and compliance are important keys to accommodating students with disabilities.
- Adding a reminder about services for students with disabilities to the course syllabus, including contact information for Student Disability Services.
- Announcing to class that students with accommodations need to make an appointment with you to discuss their specific accommodation needs. This helps ensure student privacy and inadvertent disclosure of a student’s disability status does not occur in front of others.
- Not accepting disability diagnostic documentation directly from the student. Instructors receive a copy of the Letter of Accommodation by CWI email and can access the most up to date version of it in the AIM Faculty Portal.
- Staying in contact with students who receive accommodations.
- Referring students to Student Disability Services or Student Support Services as personal and/or academic concerns arise.
- Contacting Student Disability Services immediately if questions or concerns arise.
- Remembering participation by a student is voluntary and they are responsible for the choices they make.
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