Pine Technical College
Policy and Procedure
Policy Number: 232 Date: 9/25/06
Authors: Gloria Baker & Nancy Mach
Division/Department: Disability Services
Subject: Student procedure for Access to Disability Services
and/or Filing a Disability Complaint
Authorities: MnSCU Board Policy and Americans with Disabilities
Act (ADA)
Purpose:
1.To describe the process by which Pine Technical College students may
apply and qualify for disability services which may include accommodations
and/or modifications.
2. To describe the process by which Pine Technical College students may file a
disability complaint.
Policy:
Pursuant to ADA, the MnSCU Board and Pine Technical College must not
discriminate against individuals on the basis of disability. …no otherwise
qualified individual with a disability in the United States …shall solely by
reason of his or her 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. Furthermore the Americans with
Disabilities Act of 1990 (ADA) strengthens this policy by prohibiting states and
local governments from discrimination against persons with disabilities.
A “qualified” individual is one with a documented disability. PTC may not treat
qualified individuals with disabilities differently from individuals without
disabilities or to have a policy that disparately impacts individuals with
disabilities. PTC must provide access to its programs and services, and
reasonably accommodate qualified individuals with documented disabilities who
seek accommodations to allow them to effectively participate in those programs
and services. Students must meet the same standards for program admission and
completion as a person without a disability. The accommodation and or
modification must not significantly alter the core program requirements. There
are times when a course substitution may be appropriate.
Definitions:
An individual with a disability is any person who:
With or without reasonable accommodation, meets the
essential eligibility requirements for the receipt of services or the
participation in programs or activities provided by this college.
Has a physical, mental or emotional impairment,
that substantially or materially limits one or more of their major life activities;
Has a record of having such an impairment
or
Is regarded as having such impairment.
The law applies only if an individual establishes that he
or she meets the legal definition of “disabled.” Sometimes meeting this standard
is difficult and requires information from appropriate professionals.
Reasonable accommodations: are modifications or supports
that give a student with a disability an equal opportunity to participate and
benefit from college.
Accommodations are adjustments to courses, program requirements, testing. These
accommodations or others may be necessary to meet the requirements of the law
and are determined on a case-by-case basis. The accommodations or modifications
are not limited to and may include any of the following: 1. Support, career,
assessment and personal counseling, and referral services. 2. Academic assistive
devises, early registration, early syllabus availability, course selection
modification, program advising, course work assistance and modification and
tutoring. 3. Coordination of services that may include personnel acting on one
student’s behalf and serving as primary contact and coordinator for students
needing services, assistance in working individually with faculty and
administration, intervention procedures and grievance procedures. The use of
interpreters, note taking assistance, extended testing time, enlarged copy,
audio taping of class lectures, extended time (usually to time and a half), test
scribe, seating location, taped texts, priority registration, alternative test
site, test modification, assignment modifications, lab assistant, other
assistive technology, captioning, print magnification/CCTV, readers, adaptive
furniture, Braille and many other possibilities.
The purpose of effective accommodations is to increase
a student’s chances of success which do not alter the course requirements,
are those provided on MnSCU matrix listed in part above, provided to disability
directors and those accommodations/modifications not causing undue financial
hardship to Pine Technical College (as defined by ADA law).
Disability Services: works with students with disabilities
and PTC Director of Disability Services to answer questions about the college’s
compliance with disability laws, such as what is considered a reasonable accommodation.
Student Responsibilities:
1. Students set up a meeting with the Director of Disability Services (DDS) to
request accommodations.
2. Students provide documentation that is appropriate from professionals capable
of determining the disability and possible interventions.
3. Timely request for any and all accommodations and modifications (request for
texts in alternative format. Allow at least three weeks for materials to arrive)
to give DDS ample time to find and receive the requested alternative format
materials.
4. Discuss candidly with DDS what he/she thinks would be the least invasive
accommodation/modification to level the playing field.
5. Student follows the accommodation plan set up with DDS.
6. Keep DDS service provider informed of needed changes in
accommodations/modifications as they arise. Keep DDS informed of accommodations
that were set up that are not working.
7. Meet with the DDS at least two times a semester. Keep the service provider
informed of changes in health or other disabling conditions. DDS will schedule
meetings prior to the end of a semester and the beginning of the next for
advising.
8. Attend classes, complete assignments and tests.
Faculty Responsibilities:
1. Do not try to diagnose the students disabilities.
2. Refer students to the disability services office for evaluation and possible
further referral and or testing.
3. Do not ask student if they have a disability.
4. Make all handouts and tests available to all students at the same time. This
includes specific alternative formats.
Director of Disability Service responsibilities:
1. The college will not act on its own to provide an accommodation to a student
unless or until one is requested.
2. Certify eligibility for disability services with documentation of the
disability. Documentation should reflect the nature of the disability and how it
affects the student in the academic setting. The law allows the college to
request recent documentation (within the last three years). If the disability
has changed or fluctuates in intensity, then an up-to-date evaluation of the
condition may be requested to determine reasonable accommodations.
3. Timely implementation of accommodations. In some cases it could be three
weeks for materials to be available.
4. Accommodations are arranged each term and students need to communicate with
the Director of Disability Services prior to or at the beginning of each term to
arrange for academic accommodations/modifications.
5. Keep documentation records separate from the students’ main file.
6. Maintain student confidentiality pursuant to ADA Laws and the Tennessen
Warning.
Complaint Process:
If the student believes they have been discriminated against or harassed because
of a disability they may bring a complaint under the MnSCU Board Policy 1.B.1.
Non discrimination in Employment and Educational Opportunity.
Procedure:
Talk to the Director of Disability Services on campus about your
concern. Usually a complaint can be resolved at this informal level.
1. File a grievance using the procedure found in the Student Handbook. The
college’s ADA Compliance Officer will work with you to resolve your complaint.
2. File a complaint directly with the U.S. Department of Education, Office for
Civil Rights by calling 1-800-421-3481 or the Minnesota Department of Human
Rights by calling 1-800-296-5663 or TTY 1-651-296-1283.
Dissemination:
Administration, faculty.and PTC website
Reviewed by Leadership Team: 10/30/06
Reviewed by Faculty Shared Governance Council: 11/08/06
Signature:_______________________ Date:
___11/08/06_________________
Robert L. Musgrove, Ph.D.