Faculty FAQ's

The Americans with Disabilities Act (ADA) of 1990, along with the Amendments Act of 2008 (which became effective January 1, 2009), prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications.

Section 504 of the Federal Rehabilitation Act of 1973 states that “[n]o otherwise qualified person with a disability in the United States. . .shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.”

An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment.

As per the American with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, colleges and universities are required to make Reasonable Accommodations in their practices, policies and procedures, and to provide auxiliary aids and services for persons with disabilities, unless to do so would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, and accommodations they offer, or would result in an undue financial or administrative burden on the institution.

Section 504 is a civil rights act which protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance. Organizations that receive federal funds are required to make their programs accessible to individuals with disabilities, whether a student or employee. Although its protections are limited in that they only apply to programs or businesses that receive federal funds, it was an important model for the ADA.

Title II of the ADA applies the same requirements to state and local government entities. The biggest difference is that Section 504 applies to federally funded programs and the ADA applies to state and local government funded programs (Title II). Between the two laws, all government funded programs are covered. Of course, there are many programs, such as school districts, which receive federal, state and local funds, and are therefore covered by both laws at the same time.

Yes. You may not forbid a student's use of an aid if that prohibition limits the student's participation in the school program.

The Section 504 regulation states:
"A recipient may not impose upon disabled student’s other rules, such as the prohibition of tape recorders in classrooms, or of dog guides in campus buildings, that have the effect of limiting the participation of disabled students in the recipient's education program or activity. In order to allow a student with a disability the use of an effective aid and, at the same time, protect the instructor, the institution may require the student to sign an agreement so as not to infringe on a potential copyright or to limit freedom of speech."

— The Department of Education, Office of Civil Rights

A student with a disability is entitled to reasonable accommodations. The term "disability" means, “with respect to an individual (A) a physical or mental impairment that substantially limits one or more of the major life activities of such an individual; (B) a record of such an impairment; or (C) being regarded as having such impairment.” Disabilities include, but are not limited to, mobility and orthopedic impairments, sensory impairments, psychological disorders, chronic health impairments, and learning disabilities.

At the university level, if you have a disability, it is your responsibility to self-disclose and to request accommodations. You can initiate the process by contacting the Office of Accessibility Resources and Services (OARS) office, who can advise you as to what forms and documentation you will need to submit. In order for accommodations to be provided in a timely manner, documentation should be submitted in the current semester that accommodations are requested. The documentation establishing eligibility for accommodations will be reviewed and you will be notified if the documentation is acceptable and complete, or if further information is required. Once accommodations are approved, students will meet with the Office of Accessibility Resources and Services regarding the next steps.

No. If a student appears to have a disability, but does not request accommodations, or informs you that s/he has a medical or psychological condition, the instructor must inform the student about the Office of Accessibility Resources and Services (OARS) and that services are available for a variety of conditions. However, under the law, the institution is only required to provide accommodations upon request of the individual. Faculty members are only responsible for providing accommodations approved by the Office of Accessibility Resources and Services (OARS).

As a representative of the university, it is important that you refer the student to the Office of Accessibility Resources and Services (OARS) to use the established procedures for accessing accommodations. This will also ensure that all accommodations needed by the student, some of which may not relate to the classroom, will be addressed by the office with the student.

Yes. The student’s disability is confidential information that is only communicated to the Office of Accessibility Resources and Services (OARS). A student can determine to whom they will disclose this information, and at what point during the semester. However, should they decide to use accommodations at any point, they must follow program deadlines and processes to ensure timely provision of services.

Yes. When the classroom is not accessible due to any factors such as location, lighting, sound, etc. and there are no other accessible sections offered within the same content area, the institution is obligated to change the location of the classroom to allow the student to remain in the course, unless the student decides to postpone taking the class.

No. The rights of students with disabilities to accommodations are protected under the ADA of 1990. Once the student is qualified to receive accommodations, the institution is responsible for ensuring that the accommodations are provided.

No. You are advised not to engage with a student's assistants in any conversation or exchange of information regarding the student. All communications regarding the student, in case of any concerns, may be directed only to the student, or to the Office of Accessibility Resources and Services (OARS). The Student Counselor will assist you in resolving any concern you may have in regard to a student's accommodations or performance in classrooms.

No. It is against program policy for an assistant to actively participate in the classroom discussions, and assignments, or speak on behalf of the student or the Office of Accessibility Resources and Services (OARS). The assistant's function is only to provide auxiliary aids to the students to create parity and access.

No. The student assistants such as sign language interpreters or note-takers are only to accompany the student to the classroom to ensure full access to the course.

No. Faculty and staff are advised not to request documentation or ask for diagnosis from the student. A student’s disability-related information is privileged and confidential and can only be voluntarily shared by the student.

Yes. One of the easiest and most effective ways of informing a student with disabilities about the available services on campus is to include a statement on your syllabus, inviting students to contact the Office of Accessibility Resources and Services (OARS). Our office works closely with both students and faculty to make the process of arranging classroom and testing accommodations as stress-free as possible for everyone.

Students with a learning disability may have trouble performing specific types of skills or completing tasks that may involve memory, information processing, comprehension, time management, communication, etc., if not accommodated. Students with learning disabilities can face unique challenges that are often pervasive throughout their lifespan. Depending on the type and severity of the disability, interventions and current technologies may be used to help the individual learn strategies that will foster future success. Some interventions can be quite simple, while others are complex. If accommodations are to be provided through your office they should be discussed early, at the first mention of learning disabilities.

(This accommodation will soon be supported with note-sharing software.) If a student has note-sharing as an accommodation, it is likely that they will have a note-sharer assigned through OARS for the semester, or the student will use note taking software. This does not mean that the student does not have to take notes; the notes provided by a volunteer student note-sharer are supplemental only. Notes are only shared when the student is present in class; no notes should be shared if the student is absent. If a note-sharer cannot be found, OARS will typically ask the professor to make an announcement to the class (without including the name of the student who is in need of notes) or help us identify a student who the professor recommends that we can reach out to individually. In addition, if the faculty has power-point presentations available to all students, this can assist the student if there is not a note-sharer for the class. If a note-sharer is still not found, OARS may offer the student an accommodation for recording lectures to give the student full access to the lecture material with the ability to complete the notes on their own outside of class.

If a student has a consideration for absences accommodation, this means that OARS has documentation to support that the student may need additional absences beyond what the professor allows. Any student with this accommodation is encouraged to attend all classes. In addition, the student is instructed to follow the consideration for absences procedure developed by OARS to come up with a contingency plan with the professor in the case where absences become an issue. Ultimately, the professor has the final say regarding if and how absences will affect a student’s grade.

If you have questions, please call the Office of Accessibility Resources and Services (OARS) at 973 596-2994, visit our office in Kupfrian Hall 201, or consult our website.

Professors are encouraged to speak to the OAS office should they have any concerns or questions regarding the appropriateness of reasonable accommodations.

Please consider the following recommendations for pop quizzes in your course:

● It is always encouraged that if faculty are able to provide testing accommodations to a student for a pop quiz, (i.e. a separate testing space not in the classroom, extended time before, during or after the class period, etc.) to do so. This is the best course of action for a pop quiz

● If the faculty member is unable to accommodate the student in the classroom and would like to utilize OARS for support, it is encouraged that the faculty communicate with students who have testing accommodations at the beginning of the semester (or before the pop quiz occurs) to discuss a plan of action for pop quizzes.

There are several approaches you can take with the student who is having difficulty in your class:

● Request a private meeting with the student. Communicate your concerns and ask the student to offer their thoughts and ideas with regard to working together to assist the student with the successful completion of your course.

● Offer the student campus resources to aid with making improvements. Discuss and provide contact information for the tutoring center, writing center, success coaches, and/or OARS as options to look into.