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Faculty--FAQs
- What is the function of the Disabled Student Programs and Services (DSPS)?
- DSPS assists the college in complying with Section 504 of the Rehabilitation Act of 1973,
which states that "no qualified individual with disabilities shall, on the basis of their
disability, be excluded from the participation in, be denied the benefits of or be subject
to discrimination under any post-secondary program or activity receiving federal financial
assistance".
- 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 he or she has a disability and needs accommodation.
The institution may require that the student provide appropriate documentation at
student expense in order to establish the disability and the need for accommodation. [See
Rights and Responsibilities]
- How does DSPS know whether a student is disabled?
- According to Section 504 of the Rehabilitation Act of 1973, “A person with a disability
includes any person who has a physical or mental impairment which substantially limits one
or more of such person’s major life activities; has a record of such an impairment; or is
regarded as having such an impairment”. The law recognizes education as being a major life
activity.
- Verification of a disability must be on file in order for DSPS to provide services.
Verification may be in letter format, on a form provided to the verifying professional,
or make by qualified personnel in the DSPS office.
- 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.
- What are support services?
- Support services are those specialized services available to students with disabilities,
which are in addition to the regular services provided to all students. Such services
enable students to participate in regular activities, programs and classes offered by
the college. (E.g., note takers, readers for the blind, alternative testing).
[See Overview of Services]
- How is one determined eligible for DSPS?
- In order to be eligible for support services as authorized by Title V and 504, a
student with a disability must have an impairment, which is verified by one of the following means:
- Observation by DSPS professional staff with review by the DSPS coordinator; or
- Assessment by appropriate DSPS professional staff; or
- Certified or licensed professionals outside of DSPS qualified to make a valid assessment.
- How do students know what services they need?
- After the student’s educational limitations have been identified by appropriate
DSPS professional staff or other qualified professional, the DSPS specialist will
meet with the student to complete a Student Educational Contract (SEC), which not
only lists the educational goals of the students, but identifies the appropriate
services to accommodate the educational limitations.
- 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. [See Confidentiality]
- A teacher asks, when I have a student with a disability in my class, may I contact
DSPS for more information about the student’s disability?
- Yes, the DSPS Specialist or Counselor can provide information about the student’s
disability as related to the student’s performance in class.
[See DSPS Contact Information]
- Will the requested accommodations compromise the standards, goals, and objectives of my class?
- Accommodations are an opportunity for the student to be evaluated on the student’s
knowledge and performance in the class and not on the effects of the student’s disability.
According to guidelines from the Department of Education, institutions of higher
education must modify academic requirements that are discriminatory. Modification
may include extending time for completing degree requirements, allowing course
substitutions, and adapting the manner in which particular courses are conducted.
Institution are not required to compromise on requirements that are essential to
the program or course of instruction, or that are directly related to licensing requirements
(Section 104.44a).
- Why do some students get more time on assignments and tests than others?
- The request for additional time for the student to work on an assignment or test varies from student to student depending on the severity of the student’s disability.
[See Alternate Testing]
-
If the student is already doing well in the class, why is it necessary to provide any accommodations?
-
Title 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 establish that students with disabilities must have equal opportunity. A student’s good performance in class, including finishing exams on time, does not support the argument that the student is being provided equal opportunity. The student may still require accommodations in order to have equal opportunity in the classroom.
[See ADA]
- What if I have questions about the request for accommodations or I disagree with it?
- The instructor should contact the DSPS specialist who works with the student.
[See Academic Accommodations Request Procedure]
- What if I start the exam with the student in the class and then move the
student to another location when the class ends?
- Students with disabilities (as most other students) do not perform optimally when
interrupted in their concentration on taking a test. Moving the student is not generally
desirable and is discouraged and can be a violation of their right to accommodations
and
equal opportunity.
- Should I accommodate a student without a request of accommodation from DSPS?
- Students often discuss their accommodation needs directly with the instructor;
however, if you want a valid verification of disability provided by DSPS, the student
must be registered with the DSPS office and have the necessary documentation of
disability on file before an Accommodation Letter is issued. Student registration
with DSPS assures the instructor that student has a verified disability on file.
- Are all students with disabilities registered with DSPS?
- No. Some students may not be registered with DSPS (registration is voluntary);
however, in order for DSPS to serve the student with a verified disability, registration
with DSPS is necessary.
- What should I do if a student presents a request for accommodation only a
few hours before an examination?
- A good-faith effort should be made to provide reasonable accommodations whenever they are requested.
You may contact the DSPS Department to confirm that the student has a
verified disability.
- Are general education and/or major requirements ever waived or altered for
students with disabilities?
- Under the provisions of Title 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act of 1990, institutions of higher learning must
not exclude a qualified student with a disability from any course of study, and
must not establish rules and policies that may adversely affect students with disabilities.
- On a case-by-case basis, community colleges may find it necessary to modify
requirements in order to accommodate the student’s disability. Modifications
might include substitutions or waivers of courses or degree requirements.
NOTE: The DSPS Office, and especially a student’s specialist in DSPS, can be
contacted for a consultation for additional information. Also, the Internet can be
a good resource--please visit our web page on teaching
students with disabilities.
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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