Guidelines. Procedures. Students. Needs. Special. Lincoln Land Community College. and. for. with

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1 Procedures and Guidelines for Students with Special Needs Lincoln Land Community College

2 L incoln Land Community College, committed to ensuring excellence in learning and teaching, provides reasonable accommodations for qualified students with special needs. The faculty and staff at LLCC work to address learning barriers to help students reach their educational goals. Early planning and assessment allow the consideration of students special needs. The first step in the process of receiving accommodations is a pre-enrollment interview with the special needs professional who may be reached at (TDD ) or , extension The Special Needs Office is located on the lower level of Sangamon Hall. Table of Contents Legal Mandates Section 504 of the Rehabilitation Act Americans with Disabilities Act Documentation Accommodations Reasonable Accommodations Types of Accommodations Timelines for Accommodations Students Rights and Responsibilities Grievance Procedures Student Grievances and Appeals Student Grievances and Appeals Procedure Disclosure and Confidentiality

3 Legal Mandates Section 504 of the Rehabilitation Act Section 504 of the Rehabilitation Act of 1973 is a Federal civil rights law which protects the rights of persons with disabilities in any program or activity receiving federal funds. Section 504 states, No otherwise qualified individual in the United States, as defined in Section 7 (6), shall solely by reason of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Section 504 further states that, "A recipient (of federal funds) shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee, unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program." The term "otherwise qualified individual with a disability," with respect to post-secondary education means a person who meets the academic and technical standards requisite for admission or participation in the educational program or activity, with or without reasonable modifications to rules, policies or practices; the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services. These regulations cover all aspects of college services. Therefore, all faculty, staff, and students of the college are covered, and the law applies to instruction, non-instruction and employment practices. Americans with Disabilities Act The Americans with Disabilities Act (ADA) of 1990 is additional comprehensive legislation designed to end discrimination against individuals with disabilities. It provides civil rights protection for persons with disabilities that parallel those that have been established by Title VII for women and ethnic minorities in the work place, and serves as a national mandate to fully integrate individuals with disabilities into mainstream society. The ADA expands and clarifies the prohibitions against discrimination established by Section 504. The five titles of the ADA are comprehensive in scope, covering public and private sector employment, public accommodations (including education), transportation, and telecommunications. Title II of the ADA applies to state and local governmental agencies, and, therefore, addresses the rights of students with disabilities on this campus and the responsibilities of the college as a public entity. College programs, services, and activities must be readily accessible and usable by persons with disabilities, and the college must have program access regardless of whether the specific facilities are physically accessible. 2

4 Documentation A student must follow proper, established procedures of documenting disabilities to obtain accommodations. Documentation may be hand-delivered to the special needs professional by the student or requested via a consent form by the special needs professional. Current (within the past 3 years) documentation is preferred and may be required by the college s special needs professional. Documentation should describe the disability and how it may impact the student s academic performance. The impact of the condition must be permanent or long-term. Temporary conditions are not disabling. The diagnostician must be a qualified professional with the experience and credentials that qualify her/him to diagnose the disability. The professional must provide a diagnosis for the college on his/her letterhead. The documentation must be dated, signed, and otherwise legible. Should the documentation lack pertinent information, the special needs professional may request additional information before providing any accommodations. Prescription pad documentation is not adequate and will not be accepted. Guidelines for documentation of specific disabilities are listed below. Disability Diagnostician ADD, ADHD Psychologist, Psychiatrist, Physician Emotional Disability Psychologist, Psychiatrist Visual Impairment Ophthalmologist Hearing Impairment Certified Otologist, Audiologist Learning Disability Psychologist, Neuropsycholosgist, School Psychologist Physical Disability Physician 3

5 A) Attention Deficit Disorder (ADD; ADHD): A qualified, licensed professional with experience diagnosing ADHD in adults will attach a detailed report of the assessment used to make the diagnosis. This report should be recent (not older than the most recent change in treatment and/or change in the symptoms exhibited). B) Deaf or hard of hearing: A qualified, licensed professional with experience diagnosing hearing impairments will provide a diagnosis and audiogram. C) Learning disabilities: A qualified, licensed psychologist with experience diagnosing learning disabilities will provide a detailed report of the assessments listed below used to make the diagnosis. This report should be recent (completed within three years of admission to the college or after the student s 18th birthday). The accommodations to be used by the student will be those determined to be reasonable by the established procedures described in this document. To appropriately assess a learning disability the professional must include (with all sub-tests and standard scores reported): 1) a standardized, individually administered test of cognitive ability/aptitude or intelligence quotient (I.Q.) e.g. the WAIS-III, Stanford-Binet-IV; and 2) a standardized, individually administered test of achievement, e.g. Woodcock-Johnson Psychoeducational Battery Revised: Tests of Achievement, Stanford Test of Academic Skills, Wechsler Individual Achievement Test (WIAT), or specific achievement tests that include measures of at least reading, math, and written language the WRAT is NOT acceptable; and 3) a standardized, individually administered test of information processing, e.g. Woodcock-Johnson Psychoeducational Battery Revised: Tests of Cognitive Ability, Detroit Tests of Learning Aptitude Adult, Wechsler Memory Scale Third Edition (WMS-III), as well as other relevant measures; and 4) a. Demonstration of the evaluator s having ruled out alternative explanations for academic problems such as poor education, poor motivation and/or study skills, emotional problems, and cultural/language difference; b. Indication of how patterns in the student s cognitive ability, achievement and information processing reflect the presence of a learning disability. c. Indication of the substantial limitation to learning presented by the learning disability and the degree to which it impacts the individual in the learning context for which accommodations are being requested. 4

6 D) Medical disabilities: A qualified, licensed doctor with experience in diagnosing the medical disability in question will provide a diagnosis and a description of the major life activity affected by the specific medical disability. In the case of a medical condition that may change over time, the documentation must be recent (no older than the last significant change). E) Mobility impairments: A qualified, licensed doctor with experience working with individuals with mobility impairments will provide a diagnosis. In the case of a mobility impairment that may change over time, the documentation must be recent (no older than the last significant change.) F) Psychological disabilities: A qualified, licensed professional (licensed psychologist, psychiatrist, medical doctor) with experience diagnosing psychological/psychiatric disorders will provide a diagnosis that includes current medications and an explanation of the major life activity affected by the specific psychological disability. The documentation must be recent (no older than the last significant change in the treatment or condition). G) Vision impairments: A qualified, licensed professional with experience diagnosing vision impairments, e.g., ophthalmologist, optometrist or medical doctor, will provide a diagnosis and a vision screening test for the college on his or her letterhead. Prescription pad documentation is not adequate or acceptable. In the case of a vision impairment that may change over time, the documentation must be recent (no older than the last significant change). H) Other types of disabilities: A qualified, licensed professional with experience diagnosing the identified disability will provide a diagnosis that describes the individual s functional limitations. 5

7 Accommodations The college responds to each student with a disability on an individualized basis once the disability is documented and a student s needs are identified. Once the qualified student with a disability has requested an accommodation, a staff member of the Special Needs Office and the student take steps to determine an appropriate accommodation. The most effective reasonable accommodation is best determined through an interactive process that involves the individual with a disability, the special needs professional and, when appropriate, a college faculty member whose program is involved. The interactive process to determine a reasonable accommodation involves the following steps: 1) Analyze the course or program involved to determine its purpose and essential functions or requirements. Section 504 of the ADA does not oblige a postsecondary institution to lower its criteria to the extent such criteria are deemed essential. Although tests must be designed to measure the student s ability rather than his/her impairment, this limitation is not acceptable when that is the skill that the test is designed to measure, i.e., ability to read and write English. 2) Talk with the individual with a disability to identify the precise education-related limitations imposed by the person s disability and how these limitations can be reasonably accommodated. 3) Involve the individual with a disability in identifying a range of potential accommodations and assessing the effectiveness each would have in enabling the individual to meet the essential program or course requirements. 4) Considering the preference of the individual, select and implement an effective accommodation that is most appropriate for the individual and the college. Final responsibility for selection of the most appropriate accommodation rests with the college. Section 504 does not require colleges to have specific equipment or devices to ensure accessibility. For example, a college may make its print materials and services available to students with the visual impairments by providing readers. 5) Generally, the only time no accommodation would be warranted is when the documentation suggests that there is no need or the student s history demonstrates an acceptable rate of success without accommodation. The cost associated with the accommodation is the responsibility of the college through the Special Needs Office. However, the student will be encouraged to apply for funds available through various resources, e.g., vocational rehabilitation. 6

8 Reasonable Accommodations "Reasonable accommodation" is the legal standard applied to both employment and academically related accommodations for students. Generally, documentation of a student's disability is provided by a qualified licensed professional. After obtaining a student's disability documentation, the special needs professional has responsibility for making recommendations for reasonable accommodations. The nature of its definition and what constitutes reasonable accommodation may vary widely, given a student's disability and functional limitations. Reasonable accommodations are determined on an individual basis and should be tailored to each person's unique needs. The standard of reasonable accommodation is intended to ensure non-discrimination by providing "equally effective" aids, benefits or services. "Equally effective" need not produce an identical outcome, but must provide equal opportunity to obtain the same result. All accommodations are offered with the intention of providing equal access and opportunity to students with disabilities as required by Section 504 and the Americans with Disabilities Act. These services and accommodations are consistent with those provided by other campuses and determined by following current standard practices in the field. Types of Accommodations Types of services vary from student to student, considering each student s unique situation. Services may include but are not limited to one or more of the following: sign language interpreting, notetaking, reading assistance, tutoring and adaptive equipment loan. Timelines for Accommodations Many students request accommodations and addressing all of them takes time. Students must officially request accommodations each semester by completing a Request for Support Services Form with the special needs professional. The following list indicates how long it may take to arrange a specific accommodation. Failure to adhere to this timeline might limit the college s ability to provide accommodations by the beginning of the semester. Adapting facilities/equipment such as raising or lowering tables and special seating arrangements weeks Having printed material such as texts or handouts put on audio cassettes weeks Modifying classroom materials weeks Providing notetaking services weeks Providing enlarged print or Braille materials weeks Providing sign language interpreter service (depending on availability of qualified interpreters) weeks 7

9 Student Rights and Responsibilities Qualified students with documented disabilities have the following rights and responsibilities. Rights Equal access to the college s programs and facilities Reasonable and appropriate accommodations that provide equal opportunity Access to assistive technology Appropriate academic advocacy from the special needs professional Assurance that disability information will be handled in a confidential manner in accordance with federal and state laws and college policy Responsibilities 1. Meet the qualifications and standards of the college and its programs. Comply with all relevant regulations and student conduct guidelines as described in the college catalog. Disclose in a timely manner any disability for which they are requesting accommodations, auxiliary aids, or services. 2. Follow published college procedures and timelines for requesting and obtaining appropriate accommodations and services. 3. Provide documentation of disability from a qualified professional which describes the disability and explains how the disability impacts the student s academic performance. 4. Assume personal responsibility for meeting with faculty, requesting assistance for supplemental services such as the Learning Lab and meeting college standards. 5. Once services have been established, notify the special needs professional immediately upon delay, absence of services, or if academic accommodations are inadequate. 6. Assume responsibility for testing procedures and notifying faculty and the special needs professional accordingly. 7. Provide one s own personal independent living needs or other personal disability-related needs. Grievance Procedures If a mutually acceptable accommodation cannot be found, students with disabilities may use the published Student Grievances and Appeals Procedure. The process, steps, and timelines for filing a grievance are outlined in this booklet, as well as published in the LLCC catalog. 8

10 Student Grievances and Appeals The college shall ensure that students be served equitably and appropriately at all times. Any student who feels unfairly or inappropriately treated or charged with academic dishonesty is encouraged to pursue resolution through this policy. Every effort should be made to resolve the issues informally before pursuing formal petition and hearing mechanisms. Grievances are appropriately claimed, but are not limited to, allegations of the following nature: a violation of rules and/or procedures of the college; arbitrary or capricious action by a college employee; improper removal from the college or a program of the college for academic reasons; improper denial of admission or re-admission to the college or a program of the college; inaccurate or inappropriate information contained in the student's record; and improper suspension from the college for disciplinary reasons. Complaints regarding the assignment of course grades should be made in accordance with the college's Grade Review Policy and are not subject to this Student Grievance and Appeal Procedure. Complaints of discrimination toward students on the basis of race, sex, age, handicap, creed, marital status, national origin or gender should be reported to the equal opportunity compliance officer or to the president in accordance with the college's non-discrimination policy and are not subject to this Student Grievance and Appeal Procedure. Complaints of sexual harassment toward students should be reported to the equal opportunity compliance officer or to the president in accordance with the college's Sexual Harassment Policy (in the front of the catalog) and are not subject to this Student Grievance and Appeal Procedure. This policy is not intended for reviewing the professional judgment of faculty regarding the assessment of the quality of work of their students and shall not abridge, circumvent or diminish academic freedom in any way. Student Grievances and Appeals Procedure (Not applicable to course grade review) In accordance with college policy, the following procedures will be used: Definitions: A "grievance" is defined for the application of this policy to be a complaint alleging that a student's rights have been abridged through any of the allegations listed in Policy A "grievant" must be a student of the college and is the person making the complaint, except in the case of a prospective or former student grieving admission, re-admission or suspension decisions. "Other party" is the college person(s) or condition against whom the 9

11 complaint is filed. "Person directly involved means the grievant(s), the other party, and those who make the decision regarding the grievance. "The committee" refers in this section to the Student Grievances and Appeals Committee. "Business days" shall exclude Saturdays, Sundays and holidays approved by the LLCC Board of Trustees. Grievance Process (Informal): 1. Where possible, it is expected that a grievant's first attempt to resolve his/her complaint will be informally through direct conversation with the other party. 2. If the grievant cannot obtain satisfactory results from such a conference, he/she should then discuss the complaint with the appropriate department chair, program director or other relevant supervisor. The department chair is expected to investigate the complaint(s) and try to achieve a resolution. 3. If the grievant is dissatisfied with these results, he/she may then discuss the complaint with the vice president of Student Services. The vice president s decision is final for the informal process. If the grievant is dissatisfied with the outcome, he/she may then proceed to the formal grievance process. Grievance Process (Formal): 1. If satisfactory resolution cannot be reached through the informal grievance process, and if the grievant wishes to pursue a formal complaint, the grievant should write a letter (petition of grievance) to the supervisor of the college employee charged in the grievance. This letter should be as detailed as possible in explaining the reason(s) for the grievance. 2. The supervisor shall review the case, consulting with the persons directly involved, and shall respond to the grievant in writing within ten business days of receipt of the letter. 3. If the grievant is not satisfied with the outcome of step two, he/she may request a hearing before the Student Grievance and Appeal Committee. Such request must be submitted in writing to the vice president who supervises the organizational unit of the employee who is charged in the grievance. The request must be submitted within ten business days of receipt of the supervisor's response in step two. The vice president shall then notify the Student Grievance and Appeal Committee chairperson of the request for a hearing, and the chairperson shall then convene the committee as soon as possible, but with due consideration for making the time as convenient as possible for the parties involved. The committee shall review the case and issue a recommendation to the vice president, who may reject or accept the recommendation. 4. A student may appeal the vice president's decision to the college president within ten business days of receiving notice of the committee's decision. 5. The president's decision shall be final in the grievance and appeals process. 10

12 Student Grievance and Appeal Committee Structure: The Student Grievance and Appeal Committee shall be drawn from a pool constituted by the Governance Committee and appointed annually by the president. Prospective student members shall be recommended by the Student Senate, instructional faculty members by the Academic Senate and administrators by the vice president of Student Services. For any given hearing, members of the committee shall be drawn from the pool so as to achieve the following representation: three students; three full-time instructional faculty members; and three administrators. None of the voting committee members shall be part of the chain of command involved in the grievance/appeal. The vice president of Student Services shall serve as the non-voting chair/facilitator of the committee. Due Process Rights: Lincoln Land Community College believes completely in ensuring the due process rights of students in addressing complaints about college actions and decisions. Due process guidelines are as follows: 1. All complaints should be resolved as quickly as feasible, while ensuring due deliberation. 2. All conferences or hearings conducted as a part of the process should be held at a time and place that will afford all involved a fair and equitable opportunity for representation. 3. All relevant records and pertinent information will be made available to all parties, with due regard for legal constraints on disclosure of personal records of parties not directly involved in the case. Any request for records and information must allow time for processing. 4. All proceedings will be held confidential. 5. A complaint may be withdrawn at any time by the grievant. 6. No reprisals shall be taken by trustees, administrators, faculty, or staff against any student bringing a complaint or participating in a grievance. 7. Participants in a conference or hearing shall be limited to involved parties. 8. The student shall have the opportunity to present witnesses who are knowledgeable of the situation in question. The Grievance and Appeals Committee shall determine the appropriateness of the witness. 11

13 Disclosure/Confidentiality Students who request services or accommodations must disclose the nature of their disabling condition and provide disability documentation to the Special Needs Professional. This disclosure is considered confidential and is not released without a written request from the student. After the special needs professional receives a signed authorization for release of confidential information from the student, all confidential information contained in the student s file may be inspected and copied with the exceptions as noted below: 1. Some confidential information obtained from individuals, agencies or organizations specifically prohibits LLCC from releasing that information. In such instances, the student shall be informed of the source of such information in order to access it directly from the originator. 2. Any medical or psychological information not precluded from release by information listed above which would be harmful to the student, as determined by the special needs professional, shall be released only to the student s parent, guardian or representative, or to a physician or licensed or certified psychologist. When releasing such information, LLCC shall caution the receiver of the information that it may be harmful to the student and that, therefore, the receiver is responsible for the use of the information. 12

14 Lincoln Land Community College Lincoln Land Community College Special Needs Office Handicapped parking 12/2004