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 Documenting your Disability--FAQ's

Who qualifies for DSPS services?
A student with a disability is a person enrolled at a community college who has a verified impairment which limits one or more major life activities and which imposes an educational limitation.
What is an educational limitation?
An educational limitation means disability related functional limitation in the educational setting. This occurs when the limitation prevents the student from fully benefiting from classes, activities, or services offered by the college to non-disabled students, without specific additional support services or instruction as defined in Section 56005.
Can I receive services if I have a temporary disability?
Probably. Call the DSPS office for more information.
What do I do to receive services from DSPS?
To receive services from DSPS you must be registered or planning to register for the current semester and:
How do I make an appointment?
Call us at the SLO Campus at (805) 546-3148, at the NCC Campus at (805) 591-6215 or stop by our office in SLO building 3300 or NCC room N3024.
Who is an "individual with a disability?"
A person who:
  • Has a physical or mental impairment which substantially limits a major life activity;
  • Has a record or history of such an impairment; or
  • Is regarded as having such an impairment.
It is also unlawful to discriminate against someone solely because of his/her association with an individual with a disability.
What are some examples of disabling conditions?
All conditions which entitled a student to receive special education while attending grade school (e.g., mental retardation, learning disabilities, serious emotional disturbances), AIDS, cancer, alcohol or drug addiction (so long as the student is not a current user of unlawful drugs), environmental illness, attention deficit disorder, diabetes, asthma, physical disabilities, behavior disorders, etc., so long as the condition substantially limits a major life activity.
What are the obligations of students with disabilities?
In order to enjoy the protections of Section 504 and the ADA, the student has an obligation to self-identify that s/he has a disability and needs accommodation. The institution may require that the student provide appropriate documentation at student expense in order to establish the existence of the disability and the need for accommodation.
What is the definition of a "student with a disability" and is it consistent with the Americans with Disabilities Act (ADA)?
A "student with a disability" is a person enrolled at a community college who has a verified impairment that limits one or more major life activities which imposes an educational limitation as defined in Section 56004. Yes, this definition is consistent with ADA.
What procedures should a college use to verify a student's eligibility?
Colleges should verify a student's disability using one of the following means:
  • First, DSPS professional staff with the review of the DSPS Coordinator may, through personal observation, verify the existence of an observable disability. Use of this procedure is limited to conditions that can be seen externally, e.g., quadriplegia, paraplegia, amputation, cerebral palsy. The student's file must contain a statement of the observed disability and the educational limitation(s) of the student.
  • Second, a staff member who meets the minimum qualifications in a professional field to diagnose specified conditions, such as learning disabilities or speech pathology, may verify the existence of a disability using assessment techniques approved by the Chancellor's Office. This assessment must be documented in the student's file along with a statement of the educational limitation(s) of the student.
  • Third, DSPS staff may verify a disability based on documentation provided by appropriate agencies or a licensed or certified professional capable of diagnosing the disability in question. If the person signing the verification is not qualified to diagnose the condition in question, (e.g., a nurse), the verification should state that it was based on a review of records prepared by an identified licensed or certified professional who did perform the diagnosis. The name and address of the professional should also appear on the document. This documentation must be in the student's file along with a statement of the student's educational limitation(s).
Is a student’s disability information kept confidential?
All information is strictly confidential, and no written information is released without a student signing an informed consent. Accommodations are determined in consultation with the student and the DSPS staff and must be appropriate to the student’s disability.
Are DSPS student records confidential? Does an instructor have a right to know who in their class has a disability?
Yes, all records maintained by DSPS personnel pertaining to students with disabilities shall be protected from disclosure and shall be subject to all other requirements for handling of student records.

If a student requests accommodations that impacts the delivery of instruction and/or the instructor, then the instructor has a right to know the functional (educational) limitation(s) and the appropriate accommodation. Generally the nature and origin of the disability are not to be disclosed to the instructor without the student's permission.

References

CAPED Communiqué, Fall/Winter 1994.
DSPS Q & A, Chancellor's Office, May 1993.
DSPS Information Handbook for Cuesta College Staff and Faculty, Aug. 2002.

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