Berea College

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Disability and Accessibility Services (DAS) provides services to Berea College students with disabilities. Under the ADA and the Rehabilitation Act, a person with a disability is defined as any person who:
<ul>
 	<li>has a physical or mental impairment which substantially limits one or more major life activities</li>
 	<li>has a record of such impairment</li>
 	<li>is regarded as having such an impairment</li>
</ul>
Examples of major life activities are: walking, seeing, speaking, hearing, breathing, learning, performing manual tasks, caring for oneself, and working. These are examples only. Other activities such as sitting, standing, lifting, or reading are also major life activities (EEOC, 1992). Thus, a student with a disability who needs accommodations must present DAS with documentation that establishes a substantial limitation in a major life activity.

<a href="https://www2.ed.gov/about/offices/list/ocr/docs/auxaids.html">Section 504</a> regulation requires a postsecondary school to provide auxiliary aids (e.g.: accommodations) and services to qualified students who have disabilities. Disability and Accessibility Services (DAS) engages with students in an interactive process to determine <em>reasonable </em>accommodations to ensure the full and equal access to the programs, services, and activities at Berea College. <span class="OYPEnA text-decoration-none text-strikethrough-none">DAS must thoughtfully consider every request for accommodations on a case-by-case basis, which can be made by a student at any time. The accommodations that are assigned to students by DAS have been determined to be reasonable based on the expertise of DAS staff, the interactive process, and the review of relevant documentation including, but not limited to: medical records, psychoeducational assessments, educational records, and interaction with the student. </span>

Once determined by DAS, it is the student's responsibility to make their instructors aware of their accommodations each term and it is the institution's responsibility to provide accommodations and services in a timely manner after the notification is made. DAS encourages faculty to u<span class="OYPEnA text-decoration-none text-strikethrough-none">se a student's notification letter as a starting point for a conversation to discuss concerns, questions, and details that may be specific to your course. When considering an accommodation, always remember that the student with the disability is the expert on his/her disability. He/she knows what works or doesn’t work. Encourage the student to share his/her insights so that the most effective accommodation can be made.</span>

Accommodations may be considered unreasonable, and possibly denied, if they meet one of these conditions: fundamentally alters the course or program, presents an undue burden, or is a threat to safety. Faculty may not unilaterally refuse to implement an accommodation and merely stating that an accommodation is unreasonable or is a fundamental alteration is not enough. Faculty must engage in a specific, deliberative process with DAS to determine if an accommodation is unreasonable.
<h4>Exception: <em>Fundamental Alteration</em></h4>
Faculty have the right to maintain the academic standards and fundamental nature of their course content. If an accommodation reduces the academic standards of the college, its departments, or its courses, the college can deny the accommodation and deem it unreasonable after a Fundamental Alteration Review Process. Academic standards are essential for any student. Determination of a fundamental alteration is made by a committee made up of objective persons who collectively are knowledgeable about the academic area, any related licensing requirements, any applicable accreditation for the course of study, the student’s disability, and accommodation methods. The committee will not be limited exclusively to individuals from the department that provides the course or program.
<h4>Exception: <em>Undue Burden</em><strong><em>
</em></strong></h4>
Undue burden refers to an unreasonable financial or administrative burden. In considering whether an accommodation is an undue financial burden, the college must consider all resources available for use in the funding and operation of the service, program, or activity. While cost may be considered, the fact that providing a service to an individual with a disability would result in additional cost does not of itself constitute an undue burden on the program. An unreasonable administrative burden is not one that is merely inconvenient, rather it denotes something that presents significant difficulties or expense when considered in light of a number of factors, including the type of service or product being offered. Faculty may not unilaterally deny a request for an accommodation based on undue burden, rather must consult with DAS to discuss the proposed accommodation and consider alternative accommodations in the event an accommodation is determined to constitute an undue burden.

Legal Compliance

DAS uses a data management system called AIM to help students independently coordinate their accommodations and notify their faculty of accommodations. Accommodation letters are crated by a student and should be considered the initial contact made to an instructor. Instructors are encouraged to respond to students when they receive accommodation letters.

Students will select accommodations for each course from the options that DAS has approved for them; students are not given 'carte blanche' access to accommodations.  Faculty will receive notification letters in their email when students have made their selections and it will come from AIM under a general DAS Office email account.  Please read these letters carefully, they contain detailed descriptions and resources for accommodations. Unless you have a concern, accommodations should be implemented in a timely manner upon receipt of an accommodation letter. Accommodations requests can be denied if a student does not submit an accommodation letter to an instructor and accommodations are not retroactive. Do not deny any student's access to an accommodation without contacting DAS.

Examples of common accommodations:
<ul>
 	<li>Extended time on exams</li>
 	<li>Access to food/drink</li>
 	<li>Accessible course material</li>
 	<li>Accessible textbooks</li>
 	<li>Text-to-Speech software</li>
</ul>
Confidentiality in the accommodation process must be maintained by all parties. Disclosure of the type of disability is a personal choice and may be freely shared with you by the student <strong>but asking for that personal information is not allowed</strong>. Nor is asking for any information from the student that would further disclose such personal data beyond what is shared in a DAS accommodation letter. Accommodation letters should be filed in a safe place, and faculty should refrain from discussing students’ disabilities and necessary accommodations. Legally, there are questions that you may not ask the student. Those include questions about the student’s disability; why they receive accommodations; or requests for documentation of a disability. When discussing the specifics of the needed accommodations, we recommend focusing your questions on how you can best support the student by identifying and addressing barriers to access. For example, “what is the best way to carry out this accommodation for you?” Or,  “are there other barriers in the class that might arise?”

Accommodation Letters

Some disabilities provide unique challenges to a student's access to class. Students with chronic illness that have random or cyclical acute episodes may be more likely to need atypical accommodations. DAS determines if Assignment/Deadline or Attendance Flexibility may be considered a reasonable accommodation on a case-by-case basis. Even with an atypical accommodation, students are expected to meet the same learning goals and essential requirements of the course. If a student has missed so much class and/or assignments that they will no longer be able to meet all of the learning goals and essential requirements, contact <a href="https://www.berea.edu/office-of-student-success-and-transition">Student Success and Transition</a> to alert them and encourage the student to make an appointment at SST to discuss their options.
<h2></h2>
<h3><strong>Short-term Assignment/Deadline Flexibility</strong></h3>
Students are expected and encouraged to meet deadlines for assignments and tests. Faculty has a right to establish late work policies. However, if a student has a disability that may occasionally impact their ability to complete assignments and tests at the scheduled time, flexibility in assignment deadlines is considered an appropriate accommodation. Hopefully, a student’s disability will not interfere with timely completion of assignments; however, if the student has a disability with random or cyclical acute episodes, the accommodation allows for flexibility in assignment deadlines and make‐up work. Once an instructor has been notified of this eligibility, they should meet with the student and work in good faith to determine the extent to which they can reasonably modify the existing policy without fundamentally altering the learning objectives. <em>It is highly recommended that any new deadlines or limitations for assignment flexibility should be summarized in writing through email to ensure all parties are operating from the same framework.</em>

The number of days given for each assignment extension depends on the interactive or participatory nature of a course, or is based on department, college or accrediting rules. In general, assignments with more than one week to complete can be done successfully with proper management and planning and only warrant an accommodation when an unexpected disability related episode occurs that prevents the student from following through, regardless of how much the student got done prior to that time. This accommodation does not mean <em>unlimited</em> flexibility or no accountability. Unexpected illness or injury, recent diagnosis, onset or change in condition may warrant a withdrawal or incomplete from a course. In those cases, the school process should be followed.

Students must factor in the reality of their own personal situation and use time effectively to complete assignments. Taking a heavy course load, having a job outside of school or other family commitments do not justify allowing an accommodation even if they have a diagnosed disability that may otherwise support this accommodation.

Some instructors allow all students in their class more time than they believe is needed for students to complete assignments and/or exams. For example, an instructor gives an assignment they believe should only take two days to complete but allows students three days. If all students in the class are provided “extended time” or buffer time to complete assignments, legal guidance suggests that it would be discriminatory not to provide the extended time in addition to the time given to all students in the course. The accommodation should be provided unless the accommodation <em>significantly </em>compromises the integrity of the course as offered. If you believe that deadline flexibility would fundamentally alter the nature or essential elements of your class, you <strong>must</strong> contact Disability and Accessibility Services to discuss this and you should not deny this accommodation without their guidance.
<h4>Considerations when determining reasonable extensions of assignment deadlines:</h4>
<ol>
 	<li>What is the purpose of the assignment? Is it <u>necessary</u> to have it completed before an exam? Before a discussion?</li>
 	<li>What does the syllabus say about deadlines?</li>
 	<li>Are students required to actively participate in class discussions/activities?</li>
 	<li>How is participation figured into the final grade?</li>
 	<li>How are students expected to interact with each other (in class, group work outside of class, via Moodle/e-mail)?</li>
 	<li>Is the material being learned in the class sequentially? Does each week’s material build on the material learned in the previous week(s)?</li>
 	<li>Are there other lab or class sections the student could attend to catch up on missed material?</li>
 	<li>What general policies exist for making up missed exams, pop quizzes? Turning in late work?</li>
 	<li>Could missed assignments be turned in via discussion board/e-mail?</li>
 	<li>Are tests to be taken at a specific time and place, or is there a window when the test can be taken?</li>
 	<li>Is it possible for students to “work ahead” in this class?</li>
</ol>
<h3><strong>
Attendance Flexibility</strong></h3>
Students are expected to attend class and participate on a regular basis. However, if a student has a disability with random or cyclical acute episodes that may <em>occasionally </em>impact their ability to attend class, Attendance Flexibility may be considered an appropriate accommodation by DAS. The purpose of reasonable accommodations is to ensure access, and this extends to providing flexibility within attendance policies to ensure students with disabilities are not disproportionately penalized for exacerbations of their condition that prevent them from being present for every class session, as their condition may be unpredictable and inevitable despite ongoing health and time management practices. Once an instructor has been notified of this eligibility, they should determine the extent to which they can reasonably modify the existing policy without fundamentally altering the learning objectives.

The accommodation for Attendance Flexibility should always be considered on an individual course basis, allowing for a diligent and critical analysis of how attendance is essential to the class learning objectives and pedagogical components. While an attendance policy may be already incorporated into the grading scheme and syllabus, and its value is inherent to student success and learning, this accommodation is intended to <em>modify any already stated attendance policies</em> allowing some flexibility beyond that limit to account for the student’s disability-related need.

The accommodation should be provided unless the accommodation <em>significantly </em>compromises the integrity of the course as offered. If you believe additional absences would significantly alter the course, please do not deny accommodation(s) without first discussing this with DAS.

There are various instances in which Attendance Flexibility as an accommodation would not be reasonable. Attendance could be critical to the learning objectives of the class for those that utilize significant in-class participation/interaction as a method of instruction, classes where student learning is created/assessed in the classroom through experiential or conversational means, and classes in which absences would compromise the educational experience of other students in the class. In these situations, less flexibility with excused absences and/or participation points is reasonable. To evaluate the extent to which attendance is critical to the essential learning objectives of a class, and to make a determination whether Attendance Flexibility can be reasonably implemented, DAS will guide the faculty through a discussion of the following points:
<ol>
 	<li>What does the class description and syllabus say about attendance?</li>
 	<li>How is the final class grade calculated? Is attendance factored into the final grade?</li>
 	<li>Is the attendance policy consistently applied? (i.e.., Have there been any exceptions made to the policy for non-disabled students, such as for athletic travel or religious observances? If so, then these exceptions must also be granted to students with disabilities.)</li>
 	<li>Is there significant interaction between the instructor and students, and among students? If so, how much?</li>
 	<li>Do student contributions and participation in class constitute a significant component of the learning process? (i.e., discussion, presentations, role play, group work)</li>
 	<li>To what degree does a student’s failure to attend class compromise the educational experience of other students in the class?</li>
</ol>

Atypical Accommodations

<span class="OYPEnA text-decoration-none text-strikethrough-none">DAS recognizes that every program is different and DAS does not possess the details </span><span class="OYPEnA text-decoration-none text-strikethrough-none">for every available course, which means that some accommodations may not be reasonable. If an instructor believes that an accommodation fundamentally alters an essential requirement of the course or reduces the academic standards, the instructor can request a Fundamental Alteration Review through DAS. Instructors cannot deny accommodations without engaging in this process with DAS. Until a final decision on the accommodation is determined, it is legally required to be provided.</span>
<h3><strong><span class="OYPEnA text-decoration-none text-strikethrough-none">Fundamental Alteration Review Process</span></strong></h3>
<span class="OYPEnA text-decoration-none text-strikethrough-none">Whether a requested accommodation would fundamentally alter an essential requirement of a course or program must be determined on a case-by-case basis and is not the sole determination of one faculty member.  Essential requirements are the core learning outcomes (including skills and knowledge) all students must demonstrate, with or without using accommodations, which are part of a larger interconnected curriculum related to a program or degree. Before a formal determination can be made as to what constitutes a fundamental alteration of an essential major requirement, DAS will establish a fair review process by creating a multidisciplinary committee of people who collectively are knowledgeable about the academic area, any related licensing requirements, any applicable accreditation for the course of study, the student’s disability, and accommodation methods.</span>

The committee will identify the objective of the requirement, taking into consideration the information provided by the instructor, program or department concerning essential requirements, including curriculum approval or course creation documents. The committee will ensure that the requirement is not simply based on tradition or routine practice without direct connection to essential requirements. The committee will consider whether the requirement is consistent with similar programs at other educational institutions, and with relevant national and expert guidelines; and whether there is any unique justification for a requirement that is not generally adopted by other educational institutions.

<span class="OYPEnA text-decoration-none text-strikethrough-none">The goal of this review process is to separate general expectations and what has always been done from the truly essential objectives and components of the course or program. Methods of instruction and assessment can be examined to determine how information is taught and what alternative opportunities are available for teaching and learning the information, the format of materials, skills, etc. Every program is different, but factors to be considered in determining whether a standard is essential include the nature and purpose of the program; the relationship of the standard to the functional elements of the program; whether exceptions or alternatives are permitted; whether the standard is required in similar programs in other institutions; and whether the standard is required for licensure or certification in a related occupation or profession. Flexibility in achieving outcomes may be appropriate depending on the nature of the course and its requirements.
</span>
<h3 class="cvGsUA direction-ltr align-center para-style-body">Helpful questions to consider when determining essential requirements:</h3>
<h4>Courses</h4>
<ol>
 	<li>What are the instructor’s general <strong>class policies and process</strong> and how do they <strong>affect equal access</strong> determinations? Do these policies include how each individual disabled student’s access needs are determined and met?</li>
 	<li>Does the granted accommodation <strong>directly correlate</strong> with the student’s <strong>disability or barrier</strong>?</li>
 	<li>How has the college’s accommodation(s) or modification(s) been <strong>taken into consideration</strong>? What is <strong>DAS recommending and why</strong>?</li>
 	<li>What is the <strong>course designed to do and measure</strong>?</li>
 	<li>What knowledge is the professor or instructor teaching and what <strong>activities are being used to determine or measure</strong> the student’s understanding, implementation, and expression of gained knowledge? For example, what is the test truly measuring and how does the requested accommodation affect or not affect this measurement?</li>
 	<li>Does the requested accommodation <strong>lower the learning standards</strong>? If so, exactly <strong>how</strong>?</li>
 	<li>Does the requested accommodation <strong>fundamentally alter</strong> the class requirement(s)? If so, be very detailed in describing how this is the case.</li>
 	<li>Does the request give the student an <strong>unfair advantage</strong> over other students? In other words, is the request exceeding equal access? If so, exactly how? <strong>Please note</strong> that giving the student equal access to remove barriers does not provide an unfair advantage. The accommodation must <strong>actually exceed equal access</strong> by giving the student an unfair edge.</li>
 	<li>Would the accommodation result in <strong>undue financial or administrative burden</strong>? If so, be very specific in describing how.
<ul>
 	<li>Please note that burden determination must involve senior leadership or their designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.</li>
</ul>
</li>
 	<li>What other equally <strong>effective accommodation can be considered and provided</strong> that will offer equal access for the student if the instructor denies the requested accommodation?</li>
 	<li>Does the appeal process <strong>afford immediate opportunity</strong> for the student to have their petition addressed in a timely manner in order to prevent irreparable harm to the student if their appeal prevails?</li>
</ol>

Providing Accommodations