Under the Americans with Disabilities Act (ADA) a person with a disability is:
The term "qualified" must be defined by applying the essential requirements for each program in conjunction with the Student Code of Conduct as well as examining all possible accommodations that may be helpful to the situation.
This procedure is done on an individual basis.
Simple physical characteristics such as the color of one's eyes, hair or skin; baldness; left-handedness; or age do not constitute impairments under ADA. Also not covered are disadvantages due to environmental, cultural or economic factors. Sexual preference is not a physical or mental impairment under ADA. Unpleasant personality traits such as poor judgment or quick temper are not covered unless these are symptoms of a diagnosed mental illness. Current illegal drug use is not covered, but persons who have successfully completed a drug rehabilitation program and are not currently using illegal drugs are covered.
DO be willing to try an accommodation before rejecting it.
DON'T discuss the student's problems in common areas of the college.
DO find a private area for discussions and if it isn't necessary to name the student, don't.
DON'T try to convince a co-worker to divulge a student's name if you don't really need to know it. Even if you think you already know who they are talking about.
DO respect co-workers attempting to maintain confidentiality in this small environment.
DON'T allow disruptive students to use their disability as an excuse for harassment or other unacceptable behaviors.
DO expect students with accommodation requests to abide by standards of conduct applicable to all students.
DON'T say, "I think you must have a learning disability."
DO say, "If you think you may have a Learning Disability, you should see our Disability Resources Coordinator in room #409."
DON'T think of yourself as an independent contractor.
DO know that you are an employee and representative of the college. This requires you to abide by college policies and practices and as long as you do so, provides you with legal protection.
DON'T try to guess or make assumptions.
DO contact the Disability Resources Coordinator if you have any questions.
DON'T accept medical documentation of a disability directly from the student.
DO require any student requesting accommodations to apply directly to the Disability Resources Program (on campus in room #409.)
DON'T provide accommodations retroactively. (If a student failed your test and then later discloses the disability, you are only responsible to accommodate from point of disclosure on.)
DO expect to receive notification of requested accommodations in writing from the Disability Resources Coordinator before providing the accommodation.
DON'T give unfair advantage to a student with a disability.
DO maintain your standards of performance for your class.
DON'T deny an accommodation because it is too much trouble. (ex. "I have to turn in my test early for you to take it privately and I just don"t work that way." or "All my tests are Multiple Choice - I can't make and grade a separate essay test for you.")
DO be flexible in how you give or receive information. (ex. Providing oral testing or essay testing for a student rather than multiple choice testing.)
DON'T segregate a student with a disability in your class or treat them differently just because you have been notified they may have accommodation needs.
DO speak with the student privately after receiving written notification of accommodation needs in order to make sure everyone understands their responsibilities and what is being requested, etc.