Accommodations Determination and Federal Compliance Guidance

Presentation Agenda, Outcomes, Reminders Explain how accommodations are determined Highlight some scenarios and federal compliance guidance around absence issues General information only, individual dynamics require individual consideration Determinations sometimes more art than science

The Basics 1. What is Necessary (Necessary to Consider) Access vs Success 2. What is Reasonable (or not) Fundamental Alteration Administrative Burden Financial Burden This isn t always an entirely linear process!!!!!!

Absence/Attendance Determination Step 1- What is Happening Student Self Report & Interview What Symptoms Emerge and Impact on Major Life Activity Thinking Communicating Performing Manual Tasks Walking/Standing/Lifting/Bending operation of a major bodily function What Do you Need to Do Step out for a break Use restroom Isolate and Rest Take medication Specific behavioral health intervention(s) Seek immediate care/treatment Frequency (revisited each semester) Daily occurrence? Once a week average? Few times a month? What happened last year or last semester? Are things getting better, worse, or staying the same? Care Provider Documentation In many circumstances, students are not seeking medical treatment for each incident. If conditions are highly variable in nature, we might require updated documentation at specified intervals

Determination Contd Step 2- DRC Staff/Student Syllabus Analysis to identify potential impacts Point-bearing Attendance Policy? Per class meeting Excused versus unexcused language Thresholds/limits Points earned or Grade influenced by Activities Labs/Field Work Peer Interaction (Critiques, Partner Work, etc.) Deadline and Make-Up Policies (including religious observation and military obligations)

Office for Civil Rights Guidance Is there classroom interaction between the instructor and students and among students? Discussions, group activities Do student contributions constitute a significant component of the learning process? Group activities, presentations Does the fundamental nature of the course rely on student participation as an essential method for learning? Lab exercises, performances, studios, field activities To what degree does a student s failure to attend constitute a significant loss to the educational experience of other students in the class? What do the course description and syllabus say? Which method is used to calculate the final grade? What are the classroom practices and policies regarding attendance? Adapted from Texas A&M Modified Attendance: https://disability.tamu.edu/modifiedattendance/

Drafting an Agreement is Step 3: Mitigate Disability- related Intersections with Course Policies/Activities Defined extension timeframes based on symptomology impact Delayed or Alternate Activities Proactively identify activities where in-person participation is truly essential

Example 1 Student has 2-3 migraine incidents per month. They need to isolate in a dark, quiet room for up to 24 hours after symptoms onset. Course lecture meets M/W/F with one weekly Monday lab. Lecture attendance policy allows for three absences. Every three absences thereafter results in final grade deduction. Students can drop two lab reports of the 15. There are rarely activities in lecture but labs and exams are based heavily on lecture content so faculty member feels it necessary to emphasize attendance. GOOD: Add another three absences before grade deduction occurs and allow student to drop 3 labs total. Adjustments are narrowly-tailored based on anticipated frequency. BETTER: Waive point-bearing attendance policy altogether for impacted student. Student can attend a different lab section if they miss (up to three occurrences) and still drop two like everyone else. Student is thus assessed entirely on activities and we remove potentially disparate impact of the point-bearing attendance policy.

Example 2 Student requested online/remote access in Week 11 saying they were returning home for remainder of the semester due to mental health. Student missed a third of class meetings up to that point. Instructor consulted with DRC and shared concerns about in-class discussions and associated coursework not being readily available for a remote experience. Is remote access necessary? Might other accommodations be necessary to consider instead? Is remote access reasonable? Might other accommodations be reasonable?

Food for Thought and Discussion YOU ARE ALSO LIKELY FEELING FRAZZLED, OVERWHELMED, OR BURNED OUT I m overwhelmed by the number of requests for flexibility I m afraid of a complaint to the dean (or worse) if I say no I m worried about the readiness/preparedness of our students to be engaged learners Others? WHAT CAN YOU FOCUS ON? Refer to and rely upon support offices to verify significant circumstances (DRC, Dean of Students) Use your limited time/energy to consider how to best assess the student s learning Use the language of learning outcomes/objectives to manage student expectations

Food for Thought and Discussion Consider your own Why for any point-bearing Course Attendance Policies Attendance policies in place because interaction/discussion are fundamental are easier to justify In-person activities that are graded or assessed are also easier to justify/defend, and lend themselves better to consideration of suitable alternates What if a student is unable to attend for a month? Are there alternate ways for student to demonstrate their learning (or lack there of)? Are these sustainable/feasible for you to employ? If activities are missed and there are no alternates, can grading be re-scaled in a way that still aligns with your outcomes. What s the bare minimum for earning credit? Equitable access does not always mean a student is going to earn an A . Do you have usable online content or material from pandemic instruction? But what about the real world ?!?? - Educational access is our primary obligation. Concerns about an individual s workforce or industry readiness, not tied to specific licensure/credentialing or safety/technical standards, are secondary to ensuring access to the educational experience of a course or academic program