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Policy Statement and Guidelines Regarding Services for Students with Disabilities

Policy Statement and Guidelines Regarding Services for Students with Disabilities

ÃÛѨÊÓƵ’s commitment to a supportive learning environment has regularly translated into instructional practice, both inside and outside the classroom, designed to maximize each student’s potential to succeed. In support of that philosophy and those practices, this resource has been composed to assist students, faculty, and staff in creating an equitable and inclusive learning environment that recognizes students with disabilities as valued individuals in our university’s community. In keeping with the Americans with Disabilities Act of 1990 (amended in 2008) and Section 504 of the Rehabilitation Act of 1973, the University is prohibited from excluding qualified individuals with disabilities from participating in, being denied the benefits of, or subjecting individuals with disabilities to discrimination under any program or activity of the University.  

These guidelines introduce a series of best practices for implementing accommodations. Learning Support Services (LSS) works collaboratively with the larger campus community to ensure students with disabilities, those who identify as disabled, and students with chronic conditions are not subject to exclusionary practices and procedures. In addition to meeting all the legal requirements, LSS will take an active role in implementing best practices regarding accessibility.    

Building a disability-inclusive learning environment is an ongoing process that can be consistently improved upon. Meet with LSS today to learn more about the work our department supports, inquire about accommodations, or chat about how you can help make ÃÛѨÊÓƵ inclusive to all!

  • Non-discrimination Statement

    It is the policy of the university to not discriminate on the basis of disability, race, color, national origin, marital status, gender, sexual orientation, or age in admission, access to, or treatment in employment, educational programs, or activity. Individuals with disabilities are entitled by law to equal access to postsecondary education programs. There are two federal laws that protect individuals with disabilities in postsecondary education: The 1990 Americans with Disabilities Act as amended by the 2008 Americans with Disabilities Act Amendments Act and the Rehabilitation Act of 1973. The University also conforms to Title IX of the Educational Amendments of 1972, Title VI of the Civil Rights Act of 1964, and The Age Discrimination Act regulations.

  • Relevant Laws and Background

    Federal Protections

    Under Section 504 of the Vocational Rehabilitation Act of 1973, as amended; the Civil Rights Restoration Act of 1988; and the Americans with Disabilities Act of 1990, as amended, ÃÛѨÊÓƵ has a responsibility to accommodate and provide access to students with disabilities. Consistent with these laws, a student with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activity; including, but not limited to, learning, speaking, seeing, hearing, breathing, walking, sleeping, or performing manual tasks. Section 504 reads, in part:  

    No otherwise qualified individual with a disability in the United States shall, solely by reason of their disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

    With respect to postsecondary education services, “otherwise qualified” means a person with disabilities who meets the academic and technical standards requisite to admission or participation in the program or activity with or without accommodations. Colleges and universities are obligated to make the adjustments necessary to eliminate discrimination on the basis of disability.  

    With the exception of removing architectural barriers, no set formulas exist for making adjustments which will be helpful in every case. Thus, adaptations will be specific to the needs of individual students. In every case, the intent is to accommodate the disability without altering academic standards. Educational institutions are required to designate at least one person to coordinate its efforts to comply with the requirements of Section 504. The university has designated the following individuals to serve as its ADA/Section 504 Coordinator:  

    Jamie Opdyke on the McMinnville Campus: lss@linfield.edu, 503-883-2562

    Sari Ann Platt on the Portland School of Nursing Campus: pdx-lss@linfield.edu, 971-369-4143

     

  • Rights and Responsibilities

    Students with disabilities have the right to:  

    1. Appropriate academic adjustments under Section 504 of the Vocational Rehabilitation Act of 1973. 
    2. An equal opportunity to participate in and benefit from university-sponsored programs and services, extracurricular activities, housing, and facilities. 
    3. File a grievance concerning any alleged failure to comply with the laws, regulations and procedures set forth for people with disabilities. Grievances shall be processed through the University’s existing discrimination grievance procedure.  

    Decisions regarding the nature of the adjustments are made by the Office of Learning Support Services.

    Students with disabilities are responsible for:  

    1. Contacting the Learning Support Services office to begin a formal request for accommodations.
    2. Providing documentation that supports the formal request for accommodations when such documentation is available or necessary to make an appropriate determination.
    3. Submitting accommodation requests in advance to allow sufficient time for instructions to arrange for the adjustments requested. Once approved, requests must be submitted each term for every class in which the student would like to receive accommodations.
    4. Notifying LSS of any issues, concerns, or delays in receiving approved accommodations.
    5. Using all University provided adjustments responsibly.
    6. Meeting the University’s academic and technical standards with or without accommodations.  

    Faculty Members’ Rights and Responsibilities:  

    Section 504 requires that faculty make reasonable adjustments to remove academic barriers for students with disabilities. Adjustments of course procedures are not solely the faculty’s responsibility. Students maintain responsibility in engaging proactively with faculty and staff to meet the faculty’s expectations concerning attendance, classroom participation, and performance or work standards with or without accommodations.  

    Faculty with questions or concerns about a specific accommodation should contact the Office of Learning Support Services to engage in an interactive process to determine how an accommodation can be implemented without resulting in a fundamental alteration or the course or program.  

    In most circumstances, faculty are obligated to ensure a student is accommodated as soon as possible once Learning Support Services provides official notice of a student's accommodation requests. In general, accommodations are intended to be prospective and as such, faculty are not required to implement accommodations retroactively. When a request for an adjustment is received directly from a student, without accompanying LSS notice, faculty may require verification of the accommodations from the Office of Learning Support Services.

  • Academic Adjustments

    The following provides a broad description of disabilities and samples of appropriate academic adjustments that may be required. The examples listed below are neither complete nor an indication of ÃÛѨÊÓƵ setting a restriction on the kind of accommodations they will provide. The Office of Learning Support Services will engage in an interactive process to determine the appropriate academic adjustments.  

    Physical Disabilities: a condition impacting the use of one or more extremities, or the ability to walk, grasp, or lift objects.

    Possible Accommodations: physical accommodations (e.g. electric doors, accessible restrooms), or academic accommodations (e.g. in-class notetakers, test proctors).  

    Sensory Processing: a condition impacting one or more senses—sight, hearing, smell, touch, taste, or spatial awareness—and includes students who are (D)deaf and/or blind.  

    Possible Accommodations: Sign language interpreters, oral interpreters, in-class note takers, textbook readers, alternative testing formats.  

    Learning Disabilities: a neurological condition impacts information processing, memory and retrieval, and output. And, additionally, may have an impact on reading, writing, math, attention, concentration and/or overall organization.

    Possible Accommodations: extended test time, notetakers, textbook readers, assistive technology.  

    Mental Health Disabilities: a range of conditions that may be caused by trauma, biochemical imbalances, highly stressful life experiences, and other genetic, biological, or social factors.  

    Possible Accommodations: extended test time, reduced-distraction location, preferential seating.  

    Other Health Conditions: illnesses such as those that are chronic in nature (e.g. arthritis, cystic fibrosis, heart disease, etc.) or acute health conditions (e.g. asthma, epilepsy, lupus, etc.).  

    Possible Accommodations: extended time on assignments, reduced distraction testing locations, flexible attendance, virtual attendance.

  • Degree Requirements Adjustments

    To secure a substitution for an admission or graduation requirement the student must:

    1. First be diagnosed as having a disability as defined by Section 504 of the Vocational Rehabilitation Act of 1973, as amended, and based on appropriate tests, have documentation of their disability reviewed by the appropriate University officers.
    2. Be provided with appropriate and reasonable accommodations through the Office of Learning Support Services while demonstrating an inability to complete the tasks encompassed by the requirements.

    The Committee, comprised of the appropriate faculty, staff, and LSS representatives, shall review the student’s case and determine whether substitution for the requirement is warranted. If it is, the committee will notify the student along with the department or the admissions committee and will provide a list of possible substitutions to satisfy the requirement in question. If the course for which substitution is needed is a university and/or major program requirement, the Committee shall determine whether a substitution constitutes a fundamental alteration in the nature of the program.  

    Should a student with disabilities have academic difficulty related to lack of access and wish to drop/withdraw from a class after the deadline, they should discuss options with Learning Support Services.

    Additionally, if a student with disabilities is academically suspended, and wishes to appeal the suspension or appeal to return after suspension, they should consult with the Director of Learning Support Services about their appeal letter. If a suspension appeal is approved, the student would be allowed to return for the following semester on academic probation.

  • Admissions and Aid

    Admissions

    The University places no limitation on the number or proportion of qualified persons with disabilities who can be admitted or enrolled. Students with disabilities will be governed by the same rules for admission/enrollment applied to other students (i.e., application dates, completion of enrollment information, test scores, recommendations, fees, deposits, etc.). When test scores are required for admission, scores may be weighted, or tests may be taken with reasonable accommodations.

    Financial Aid Assistance

    The Office of Financial Aid provides financial assistance to all students to reduce the cost of their education. Students with disabilities are evaluated for eligibility for financial aid in the same manner as their peers without disabilities.

    Reduced Course Load

    A reduced course load accommodation allows approved students with disabilities to enroll in a reduced course load of no less than 6 credits each semester to meet the eligibility requirements of Direct Stafford Loans, Pell Grant, and Oregon Opportunity Grant funds.

    ÃÛѨÊÓƵ requires undergraduates to maintain enrollment in no less than 12 credits (full-time) to receive certain types of institutional aid. It is essential to note that taking less than 12 credits may result in a reduced aid package.

    Recommendations for a reduced course load are coordinated by the Office of Learning Support Services and the Executive Director of Financial Aid.

    Cost of Attendance Adjustments

    The Office of Financial Aid may adjust the student’s Cost of Attendance (COA) for non-standard expenses, allowing the student to potentially receive more aid. The COA can be increased for equipment, supplies, and transportation needs related to their disability. Students will need to contact the Office of Financial Aid for additional information on a COA adjustment. 

  • Academic Advising

    ÃÛѨÊÓƵ is committed to helping all students achieve their academic and personal goals. Students with disabilities shall not be counseled or advised toward more restrictive or alternate career opportunities or professions solely on the basis of their disabilities.

  • Clubs and Organizations

    University social organizations, clubs, living groups, and political organizations shall not deny consideration for membership to any qualified student because of disability. The University shall deny or withdraw recognition of or assistance to fraternities, sororities, or other campus organizations that discriminate against individuals based on disabilities.

  • Service Animals

    Under the ADA, a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. Pets and Emotional Support Animals are not allowed in campus buildings.

    What questions can staff ask to determine if a dog is a service animal?

    In situations where it is not obvious that the dog is a service animal, staff may ask only two questions: 1. "Is the dog a service animal required because of a disability?" and 2. "What work or task has the dog been trained to perform?" Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.

    What does "do work or perform tasks" mean?

    The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with a physical disability may use a dog for mobility assistance. A person who is blind or low vision may use a dog for orientation and navigation purposes. A person with Post Traumatic Stress Disorder (PTSD) may have a dog that performs specific duties during an anxiety attack or reminds the handler to take their medication. A person with diabetes may have a dog that is trained to alert them when their blood sugar reaches high or low levels. A dog may detect seizures or perform a task in response to a seizure. There are numerous tasks that a service animal can be trained to perform and there is not an approved task list which makes a dog eligible.

    What is the difference between an Assistance Animal, Emotional Support Animal and a Service Animal?

    For the purpose of this resource, Assistance Animals or Emotional Support Animals (ESAs) are an accommodation related to Housing as opposed to a public accommodation. All guidance on this particular webpage refers to Service Animals and no other forms of Assistance Animals or pets. ESAs are not allowed in campus buildings.

    Does the ADA require services animals to be trained by specific agencies?

    No. There is not specific professional service dog training program or license that are required for a dog to become a service animal.

    Are services-animals-in-training considered service animals under the ADA?

    No. Under the ADA, the dog must already be trained before it can be taken into public places. However, Oregon law provides consideration for service animals in training. Service animals in training are still required to meet behavioral requirements.  

    Other FAQs

    Do service animals have to wear a specific vest or patch or special harnesses identifying them as service animals?

    No, the ADA does not require service animals to wear a specific vest, ID tag, or specific harnesses. It is recommended that service animals are identified clearly. However, the ADA does stipulate that service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work. ÃÛѨÊÓƵ students can choose to get an ID card for their service animal, but it is not a requirement.

    Who is responsible for the care and supervision of a service animal?

    The handler is responsibility for caring for and supervising the service animal, which includes toileting, feeding, grooming, and veterinary care. University employees are not obligated to supervise or otherwise care for a service animal.

    What must I do when an individual with a service animal comes to my classroom or building?

    The service animal must be permitted to accompany the individual with a disability to all areas of the facility where community members are normally allowed to go. An individual with a service animal may not be segregated from other members in the community. 

    Do establishments with a clearly posted "no pets" sign/policy have to allow service animals in?

    Yes. A service animal is not a pet. The ADA requires you to modify your "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean you must abandon your "no pets" policy altogether, but simply that you must make an exception to your general rule for service animals.

    Can service animal be any breed of dog?

    Yes. The ADA does not restrict the type of dog breeds that can be service animals.

    Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal?

    No. A service animal may not be excluded based on assumptions or stereotypes about the animal's breed or how the animal might behave. However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, the animal may be excluded. If an animal is excluded for such reasons, staff must still offer their services to the person without the animal present.

    Concerns about a student and their animal

    If you are unsure about whether a student has a service animal or how to make accommodations in your building or classroom, please contact Learning Support Services. If an animal presents a safety threat, please ask the owner of the animal to remove the animal from the space in question. If you are not in a position to ask the animal to be removed, or the request is refused, please contact Public Safety

    Exclusion of service animals

    Under what circumstances can a service animal be asked to leave or not allowed participation in the classroom or on campus?

    1. If a service animal is found to be barking repetitively (unless trained to alert bark) or not under control of the handler.
    2. If a service animal shows aggression towards their handler or other members of the campus or the community.
    3. If a service animal is physically ill.
    4. If the service animal is unreasonably dirty.
    5. Any place on campus where the presence of a service animal causes danger to the safety of the handler or other students/members of the campus community; or
    6. Any place on campus where a service animal's safety is compromised.

    What does under control mean? Do service animals have to be quiet and not bark?

    The ADA requires that service animals be under the control of the handler at all times. Under control means that a service animal should not be allowed to bark repeatedly in a lecture hall, theater, library, or other quiet places. However, if a dog barks just once, or barks because someone has provoked it, this does not mean that the dog is out of control.

    Alert barking is a task performed by some service dogs to notify their handlers or those around them that they've detected something concerning. If a service dog is barking excessively or pushing for attention, LSS suggests checking in with the dog's handler and confirming their safety before deciding if the service dog should be asked to leave. 

    Resources: U.S. Department of Justice, Civil Rights Division, Disability Rights Section and ADA National Network (2017).