Neal E. Lipsitz, Ph.D.

Associate Dean for Student Development

College of the Holy Cross

July 22, 2010

The number of college students diagnosed with disabilities increased dramatically after the 1990 passage of the Americans with Disabilities Act. (Brown, Denver Post, 11/27/06)

11 % of all undergraduates report a disability; more than tripled in the last two decades. (U.S. DOE, 2008)

1.3 million students report a disability. (Wolanin & Steele, 2004)

3.3 % of first-year students reported having a learning disability. (Pryor, 2008)

24% percent reported mental illness/depression [up from 17% in 2000]. (U.S. DOE, 2008)

Significant increases were also reported for attention deficit disorder (19% vs. 6%) with a smaller increase in learning disabilities (9% vs. 5%). (U.S. DOE, 2008)

In the past 15 years, depression has doubled and suicide tripled. (ADAA, 2008)

Six out of 10 students report having felt so stressed they couldn’t get their work done on one or more occasions. (ADAA, 2008)

Academic Affairs Student Affairs Legal Counsel Institutional Technology Audio-visual Physical Plant Registrar, Financial Aid Parents

Postsecondary education is a primary post-high school goal for more than four out of five secondary school students with disabilities

97% of youth with disabilities say they expect to finish high school with a regular diploma

61% of youths with disabilities expect to graduate from a 4-year college

Only 86% of youths with disabilities expect that they will “definitely” or “probably” continue their education after high school, compared to 95% of those in the general population

36% of youth with disabilities enroll in a 2-year postsecondary school or community college, 23% enroll in a postsecondary vocational, business, or technical school, and 14% enroll in a 4-year college or university

Similar-age youth in the general population were almost four times as likely as youth with disabilities to be taking courses at a 4-year college (29% vs. 8%)

Emerged from Civil Rights Act of 1964 in conjunction with laws protecting the rights of women and older Americans

The ADA is a civil rights act and not an entitlement program like the Individual with Disabilities Education Act (IDEA; 1975. PL 101-476)

It is a statute of the Department of Justice

Title III – Public Accommodations“…no individual shall be discriminated against on the basis

of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”

A physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment.

The impairment must “substantially limit” the student’s ability to participate in and/or benefit from the educational programs and services of the college.

Substantial limitation is determined by the nature of the impairment, the impact on major life activities, and the student’s current abilities and limitations.

The Amendments expands Section 504’s original non-inclusive list of major life activities so that it clearly includes major bodily functions such as normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, immune system; and reproductive functions. Additionally it expands the more familiar list of activities (caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, communicating, and working) by adding concentrating and thinking.

Common personality traits such as poor judgment or quick temper that are not the result of a medically diagnosed mental or physiological disorder

Environmental, cultural, or economic disadvantage Advanced age or other personal attributes such as having red

hair or being left-handed Compulsive gambling Kleptomania Pyromania Psychoactive substance abuse disorders caused by current, illegal

use of drugs Most sexual behavior disorders not resulting from a physical

impairment, including transvestitism, pedophilia, exhibitionism, and voyeurism

Current drug abuse

ADA guarantees that individuals with disabilities who would otherwise be qualified will not be denied access to work and educational opportunities

It is an outcome-neutral law that ensures access but not necessarily success

There is an emphasis on equal opportunity rather than optimizing academic performance or guaranteeing success

Students must meet the essential academic requirements of the College

If a student’s disability limits their ability to meet essential requirements, the College will not be considered discriminatory in insisting s/he fulfill these requirements

This highlights the need for formal and documented accommodations to ensure that a student is qualified to meet essential requirements

Faculty are not required to fundamentally alter the nature and content of their courses

Faculty are not required to make accommodations that will have an adverse impact on the academic integrity of courses

However, modifications that provide equal access must be and should be made (e.g., extended time, substitutions, course adaptations)

To ensure that the College is providing access to students with disabilities

To assist the College in applying standards set by The Americans with Disabilities Act and Section 504 legislation

To review documentation that supports a student’s claim of disability status

To support students with disabilities To make recommendations with respect to

necessary and reasonable accommodations to faculty and staff

Sutton vs. United Airlines

Toyota Mfg. vs. Williams

“This bill better defines who Congress intends to meet the definition of disabled. It clarifies that mitigating measures, such as medication, may not be taken into account. It provides guidance as to what is a major life activity. And, most critically, it lowers the threshold for how limiting a condition must be, and insists that courts interpret the ADA broadly. For all these reasons, this bill returns the focus of the ADA to where it was meant to be – on whether a person with a disability is being discriminated against.” http://harkin.senate.gov/blog/?i=f0b8bd21-242b-4058-bf5a-3dd134ad0045 Harkin Statement On House Passage Of The ADA Amendments Act

And, I would add – to assure that individuals with disabilities are receiving reasonable accommodations.

Physical disabilities include any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more body systems, including: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin or endocrine

Physical impairments also include medical conditions such as dietary limitations, allergies, or asthma

Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific cognitive or learning disabilities

Learning disabilities cause individuals to experience difficulties in learning, remembering, and communicating information. Common types of learning disabilities include; dyslexia and speech impairments

Disabilities that are not immediately apparent to others

10% of people in the United States have a medical condition that is considered to be an invisible disability

Examples: Extreme fatigue, weakness, pain, dizziness

Students must first notify the College that they have a disability

Students must provide formal and specific documentation as to the nature of the disability and the functional limitations

The determination of a disability that qualifies a student for accommodations is a legal one, and not a medical one, and is based on a number of factors

Social problems: eye contact, conversations, interpersonal distance, social awareness

Behavioral problems: preoccupation with objects or ideas, mannerisms, clumsiness

Language problems: background noise, pragmatics (tone, volume, pitch, prosody), emotional/interpersonal

Sensory overload Can coincide with other psychiatric diagnoses

Extra time on tests Occasional extension of due dates Note taker Use of computer during class, for exams Referral to Academic Services and Learning

Resources for organizational skill building and time management

Additional time to respond orally or another option (see professor after class or write contributions down and submit)

E-texts

Admissions Parents Academic Affairs (Class Dean, Individual Faculty,

Department Chairs, Academic Advisor) Academic Services and Learning Resources Student Affairs (Housing, Counseling, Health, Public

Safety, Orientation) Registrar, Financial Aid Legal Counsel Physical Plant

Students do not have the right to accommodations just because they ask for them

The College has the right to insist that students follow the published procedures for requesting accommodations

Faculty can compromise the process by giving informal accommodations that have not been recommended by the Office of Disability Services

Students have a right to confidentiality in the handling of their medical information

Disability Services informs the class dean that a student has met the eligibility criteria for a documented disability that warrants accommodations and outlines the specific accommodations

The class dean then informs faculty members of the recommended accommodations

Students are asked to follow up with professors

Be sure that accommodations are recommended and approved by the Office of Disability Services

Be supportive of students with disabilities and be protective of their right to confidentiality

Contact the Office with any questions or concerns regarding a student’s disability status or accommodations

Blanco, C., et. al. (2008). Mental health of college students and their non-college- attending peers. Arch Gen Psychiatry. 65(12): 1429-1437.

Brown, Jennifer. "More Colleges Helping with Disabilities." The Denver Post, 27 Nov. 2006. Gordon, M. & Keiser, S. (2000). Accommodations in higher education under the Americans with Disabilities Act. NY: Guilford Press.

Heyward, S.M. (2002). Faculty disability services handbook. Heyward, Lawton & Associates, Sagamore Beach, MA.

Kadison, R. and DiGeronimo, T.F. (2005). College of the overwhelmed: The campus Mental health crisis and what to do about it. San Francisco: Jossey-Bass.

Leadership 21 Committee. (2008). Campus mental health know your rights: A guide for students who want to seek help for mental illness or emotional distress. Judge David L. Bazelon Center for Mental Health Law: Washington, DC.

Pryor, J.H., et. al. (2008). The American Freshman: National Norms Fall 2008. Higher Education Research Institute: Los Angeles.

Tartakovsky, Margarita. "Depression and Anxiety Among College Students" Psych Central - http://psychcentral.com/lib/2008/depression-and-anxiety-among-college-students/.

The Post-High School Outcomes of Youth with Disabilities up to 4 Years After High School. A Report from the National Longitudinal Transition Study-2 (NLTS2) (NCSER 2009-3017), by L. Newman, M. Wagner, R. Cameto, and A.-M. Knokey. (Menlo Park, CA: SRI International). Developed for Current Status of Transition of Students with Disabilities to Postsecondary Education, by S.F. Shaw.

Wallace, J.E. & Hackett, R.E. (2004). Students with disabilities. Bowditch & Dewey, Worcester, MA.

Wei, C.C., Berkner, L., He, S., Cominde, M., and Siegel, P. (2009). 2007-08 National Postsecondary Student Aid Study (NPSAS:08): Student Financial Aid Estimates for 2007-2008: First Look (NCES 2009-166). National Center for Education Statistics, Institute of Education Sciences, U.S. Department of Education. Washington, D.C.

Wolanin, T.R. and Steele, P.E. (2004). Higher education opportunities for students with disabilities: A primer for policymakers. The Institute for Higher Education Policy Washington, DC.

www.adaa.org

ww.ahead.org

www.holycross.edu/disability_services/