This guide on Section 504 and the Disabilities Act is designed to help faculty, administrators, and staff understand their role in reasonably accommodating the needs of qualified students with disabilities.
Although current legislation ensures equal opportunity for individuals with disabilities in employment, education and training must also be accessible if they are to qualify for positions in business, industry, and the professions. Physical barriers can be removed with relative ease given the proper funding, but the removal of attitudinal barriers continues to be a challenge to all persons without disabilities.
In September 1973, Congress passed Public Law 93-112, the Rehabilitation Act of 1973 which was amended in 1974 by Public Law 93-516. Section 504 of the Act states:
"No otherwise qualified handicapped individual in the United States . . . shall solely by reason of his handicap, 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."
In May 1977, the Department of Health, Education, and Welfare issued regulations implementing Section 504. This nondiscrimination statute and the regulation issued under it (specifically sub-part E) guarantees a right of entrance for qualified handicapped students into our nation's colleges and universities.
The regulation, as written, extends coverage, as well to the Education for All Handicapped Children Act of 1975. In May 1980, the Regulation was reissued and codified as 34 Code of Federal Regulations 104 by the Department of Education. Section 504 represents the first Federal Civil Rights Law protecting the rights of handicapped persons. The language of the law is comparable with that of Title VI, Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972, which defined discrimination in education on the basis of sex.
The Americans with Disabilities Act (PL 101-336) further refines protection of disabled persons' rights and extends these protections to the private sector.
A qualified handicapped person is defined as one who meets the academic and technical standards requisite to admission or participation in an education program or activity. A qualified handicapped student, in accordance with 34 CFR Section 104.3 (j) and (k)(3), includes any person who:
Virginia Western Community College is committed to uphold the following conditions, among others, that are set forth in 34 CFR Part 104:
The regulation also states that the College is not required to provide ramps, elevators, and other devices to remove physical barriers in every building or in every part of a single building, but is required to make every program, viewed as a whole, accessible.
It is the College's responsibility to provide parking for persons with disabilities near each of the College buildings that have been made accessible. With the number of mobility impaired students increasing annually, it will be necessary to strictly enforce parking and transportation rules to ensure that space is available for their vehicles.
Students requesting academic adjustments are responsible for providing evaluations that clearly identify the disability. (Please see General Documentation Guidelines, page XVIII.16.0.) Documentation should provide sufficiently recent information regarding the disability to permit the College to determine whether the requested adjustments or accommodations are appropriate. The burden for payment of evaluations rests with the student, not the College. The College has the right to determine, based upon the evaluative data, what adjustments and/or accommodations are reasonable and necessary. Once documentation is provided, the College agrees to provide academic adjustments and accommodations within a reasonable time.
Lastly, the regulation states that if the Director, Office of Civil Rights, finds that the institution has discriminated against a person on the basis of disability, termination of federal financial assistance could result. Although administrative processing of complaints through the Office of Civil Rights are encouraged, disabled students who feel discriminated against, have the right to go to court to settle their claims.
Disabling conditions covered by Section 504 include but are not limited to:
* Ruled to be physical or mental impairments that are disabling conditions if they limit one or more of life's major activities. People currently using illegal substances are excluded.
It is recommended that instructors include a statement in the course syllabus and/or make an announcement during the first class to the following effect:
"It is VWCC's policy to provide reasonable accommodations to qualified students with documented disabilities. Our goal is to help students in this course. If you have a documented physical, mental, or learning disability and you need a reasonable accommodation to help you achieve success please contact Student Support Services in The Student Center, Room 102 – phone 857-7286. To best provide the accommodation you need, make this request as soon as possible, since accommodations cannot be made to change a grade you received for coursework already completed."
Such an announcement will help protect the student's privacy, indicate willingness on the part of the instructor to provide assistance, and facilitate early accommodation. Please appreciate the fact that some students with disabilities may not seek accommodations even though they are eligible either because they wish to remain independent or choose not to disclose a disability.
Students with disabilities have varying levels of ability and motivation, as do students without disabilities. In spite of your sincere efforts, a student with a disability may not be successful; however, we must ensure that students with disabilities are afforded an equal opportunity to succeed in the most integrated setting possible.
The following sections provide information about specific disabilities and list by impairment groupings typical accommodations that may be considered "reasonable" for each. Lists are not all-inclusive. A qualified professional in Student Support Services will determine eligibility for specific accommodations based on appropriate documentation. Please contact REACH/Student Support Services (7-7286) with questions or concerns about accommodations for your students. Please do not accord accommodations to students unless they have come from our offices with an Classroom Access Plan.
Impairment groupings listed below appear with specific accommodations on subsequent pages of this document:
Accommodations for Attention Deficit With/Without Hyperactivity Disorder (ADD/ADHD)
ADD/ADHD is characterized by varying degrees of inattention, impulsivity, and/or hyperactivity. Students may have difficulty understanding assignments and staying on task.
Please refer such students to Student Support Services in S102 (857-7286).
Accommodations for Blind/Visually Impaired Students
Please refer such students to Student Support Services in S102 (857-7286).
Accommocations for Students with Head Injuries (Opened or Closed)
Students who have experienced trauma to the central nervous system as the result of a head injury may present a combination of problems associated with other disabilities.
Please refer such students to Student Support Services in S102 (857-7286).
Accommodations for Students who are Deaf/Hearing Impaired
Please refer such students to Student Support Services in S102 (857-7286).
Accommodations for Students with Psychological/Emotional Illnesses
Whether transitory, genetic, or prolonged, students with psychological/emotional illnesses need special consideration. Due to the nature of these illnesses, many choose not to disclose their disability.
Please refer students who disclose such a disability to Student Support Services in S102 (857-7286).
Accommodations for Students with Mobility/Coordination Impairments
Please refer such students to Student Support Services in S102 (857-7286).
Accommodations for Students with Seizure Disorders
To ensure their safety, students with active seizure disorders are advised to provide Student Support Services, Campus Police as first responders, and instructors with the following information:
Become familiar with the three most common seizure disorders: Generalized Tonic-Clonic (Grant Mal), The Absence (Petit Mal), and the Complex Partial (Psychomotor or Temporal Lobe). Each type has different effects on different individuals. Not all seizures are as evident as the Grand Mal. Some are undetectable except to the trained observer.
Please observe current medical precautions for students who have active seizures to ensure their safety. Faculty who observe a student experiencing a Tonic-Clonic (Grand Mal) seizure in their classrooms or other locations on campus should report the incident immediately to Campus Police before notifying Student Support Services. SSS may assist in arranging transportation other than emergency vehicles or contacting family members.
The most common seizure disorder in adults is the Complex Partial. During a complex partial, a student is either completely unaware of surroundings or consciousness is substantially impaired. The student may feel fear or anger, or distortions may occur in taste, sound, or hearing. When a seizure occurs, individuals may go through a series of motions called "automatisms" of which they have no conscious knowledge. The automatic behavior may take many forms: smacking of the lips, chewing, fumbling with clothing or buttons, restlessness, walking, or pacing. A period of confused consciousness may follow, lasting from a few moments to half an hour, depending on the individual. Seizure incidence and frequency vary dramatically among individuals.
Characteristics of most complex partial seizures are the following:
Seizure disorders are perhaps the most difficult to deal with academically because of the time element lost (particularly during in-class assignments, tests, and other classroom activities) as well as the effects of the seizure on the student: disorientation, memory loss, loss of concentration, alterations in the student's behavior, fatigue, and headaches.
The following information and suggested accommodations will assure that the student with a seizure disorder is afforded every opportunity to succeed academically:
Please refer such students to Student Support Services in S102 (857-7286).
Accommodations for Students with Learning Disabilities
Specific learning disability (LD) is the general term for a variety of neurological disorders that impair information processing. Such disorders include reading (dyslexia), arithmetic (dyscalculia), and written expression (dysgraphia) as well as problems with memory, articulation, coordination, and directional confusion. By definition, students with learning disabilities have average or above average intelligence, but typically have trouble taking information in through the senses and interpreting or inter-relating that information. Because information does not always reach the brain accurately, the brain does not do an effective job of storing the information for ease of recall. For optimal learning, it is important that LD students receive and transmit information in a form, or modality (visual, auditory, kinesthetic) that works best for them.
Please refer such students to Student Support Services in S102 (857-7286).
Accomodations for Students with Chronic Health Impairments
Chronic health impairments include cystic fibrosis, diabetes, sickle cell anemia, cancer, AIDS, hemophilia, muscular dystrophy, rheumatoid arthritis and many others. At times, such diseases may have acute phases requiring bed rest or hospitalization.
Please refer such students to Student Support Services in S102 (857-7286).
On October 15, 1989, Virginia Western Community College adopted a policy consistent with the requirements of 34 C.F.R. Section 104.44(d) of the Rehabilitation Act of 1973 (Section 504) on auxiliary aids that assures that no student with a hearing impairment is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under any program which the College operates or sponsors and for which the student is eligible, because of the absence of auxiliary aids.
This policy acknowledges the College's responsibility to reasonably provide auxiliary aids to the College's students who are hearing-impaired, and will provide such aids, including sign language interpreters, to hearing impaired-students, consistent with the requirements of 34 C. F. R. Section 104.44(d), regardless of whether the student is or may be eligible to receive such aids from outside sources. Nothing in this policy prohibits the College from pursuing or assisting the student to pursue the acquisition of such aids from other sources. Unless and until the auxiliary aids are provided by other sources, however, the College will reasonably provide such aids as are necessary to assure that hearing-impaired students can fully participate in the College's programs.
Many students with disabilities may require other students in the classroom to take notes for them. Request for Peer Notetaker and Guidelines for Volunteer Notetakers follow. Please note that it is imperative for the Student Support Services offices (REACH- 102 Student Center) to be informed about who the notetaker is and how to contact the notetaker. If you have further questions, please contact Martha Richardson, at 857-6484 or via email at: mrichardson@virginiawestern.edu.
Students with disabilities who believe they are the subject of discrimination should review the following college policies before pursuing a formal grievance. If, after reading the assurances listed below, the student believes that discrimination has occurred, the student is entitled to pursue a formal written grievance.
A grievance is a formal written allegation by a student charging unlawful or unfair treatment with respect to the application of laws, rules, policies, procedures, or regulations under which the College operates; particularly, those laws, rules, policies, procedures, or regulations which may be discriminatory to students with disabilities. In accordance with the Section 504 regulation, at C.F.R. Section 104.7(b), Virginia Western will provide for the resolution of complaints alleging any action prohibited by ADA Amendments Act or 504 Regulation. Consequently, students who assert violations of the college's policies regarding ADA Amendments Act or 504 are not limited by those listed below.
To initiate a formal grievance, students should follow the procedures outlined below:
In the event that the student grievance cannot be satisfactorily resolved following the procedures outlined above, an ad hoc grievance committee will be convened by the President of the College to review the case and make recommendations to the President. The President’s decision shall be final. The ad hoc committee shall consist of at least one administrator, two teachers, and two students. Members shall not be from the division or department involved. One student and one teacher may be selected by the student filing the grievance. The appointed administrator shall be the chairman of the committee and will be responsible for calling the meeting and keeping a record of the proceedings.
Students with disabilities should make an appointment to speak with a counselor or advisor in REACH/Student Support Services (SSS), located in the Student Center S102 located on Colonial Avenue next Webber Hall, ground floor. Phone: 857-7286 – Voice 857-6351 -TTY
Students requesting accommodations must provide documentation of their disability. Guidelines for documentation are listed below.
All accommodation requests are processed through Student Support Services. Accommodations may include:
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Student Support Services will determine appropriate accommodations based on psychological/ psychiatric, medical, and/or other professional documentation.
Some accommodations are provided directly by the instructor. Student Support Services assists in facilitating this process by preparing an Accommodation Access Plan for students to hand deliver to their instructors. Other accommodations may be provided by Student Support Services.
The official Accommodation Access Plan processed by SSS legitimizes the student’s request, verifying that appropriate documentation supporting the need for requested accommodations is on file in SSS. Please take time to discuss arrangements for the requested accommodations with the student and contact Student Support Services if you have questions or concerns. Students requesting accommodations without the appropriate memo should be referred to SSS.
At any point in the process, students may contact the ADA AMENDMENTS ACT/504 Coordinator to discuss concerns regarding access to and delivery of accommodations. The Grievance Procedure is outlined in this section of the Faculty Handbook as well as the Student Support Services "Disability" brochure available in S102.
While Student Support Services is here to assist students in the accommodation process, the provision of accommodation alone does not guarantee academic success. Students are ultimately responsible for their own success.
In order to determine eligibility for Student Support Services on the basis of a self-disclosed disability and to evaluate specific needs for requested accommodations or auxiliary aids, Student Support Services will need documentation of the disability. Such documentation must include an evaluation by an appropriate professional, as well as a description of the current impact of the disability as it relates to the accommodation request. As appropriate to the disability, the documentation should include the following seven elements:
Virginia Western Community College and Student Support Services assumes no responsibility for the cost of medical or educational testing for the purposes of diagnosing a disability. While Student Support Services will be happy to refer clients to area agencies and other professionals, it is the responsibility of the student to arrange for professional services and to pursue necessary steps in securing all documentation of his/her disability.
Appropriate and reasonable accommodations will be determined by a qualified professional of the Student Support Services staff based upon the requests made by the student, documentation of the disability, and what is allowable under the law: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Accommodations ensure equal access to educational opportunities, but do not guarantee academic success.
The following is an excerpt from the web page of the U.S. Department of Education, Office for Civil Rights (http://www.ed.gov/offices/OCR/docs/auxaids.html) concerning Auxiliary Aids and Services for Postsecondary Students with Disabilities. Please note as stated below: "Personal attendants and individually prescribed devices are the responsibility of the student who has a disability and not of the institution." It is the policy of Virginia Western Community College that students with disabilities must be able to get to and from their classes and other offices on campus on their own or make their own arrangements for a personal attendant at their own expense to accompany them on campus. Wheelchairs or scooters are aids to mobility and, therefore, must be supplied by the student.
An issue that is often misunderstood by postsecondary officials and students is the provision of personal aids and services. Personal aids and services, including help in bathing, dressing, or other personal care, are not required to be provided by postsecondary institutions. The Section 504 regulation states:
Recipients need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
Title II of the ADA AMENDMENTS ACT similarly states that personal services are not required.
In order to ensure that students with disabilities are given a free appropriate public education, local education agencies are required to provide many services and aids of a personal nature to students with disabilities when they are enrolled in elementary and secondary schools. However, once students with disabilities graduate from a high school program or its equivalent, education institutions are no longer required to provide aids, devices, or services of a personal nature.
Postsecondary schools do not have to provide personal services relating to certain individual academic activities. Personal attendants and individually prescribed devices are the responsibility of the student who has a disability and not of the institution. For example, readers may be provided for classroom use but institutions are not required to provide readers for personal use or for help during individual study time.
Assistance animals trained to provide the appropriate accommodation(s) related to the functional limitation(s) of the person with the disability are allowed on the Virginia Western Community College campus. The following stipulations apply:
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