![ “Merely having an impairment does not make one
disabled for the purposes of the ADA. Claimants
also need to demonstrate that the impairment
limits a major life activity[,]” and the limitation
must be “substantial.” Toyota Motor Mfg. Ky., Inc.
v. Williams, 534 U.S. 184, 195 (2002).](https://image.slidesharecdn.com/documentationwhatistheappropriateandwhyisitneeded-140519075356-phpapp02/85/Documentation-what-is-the-appropriate-and-why-is-it-needed-3-320.jpg)
![ “Merely having an impairment does not make one
disabled for the purposes of the ADA. Claimants
also need to demonstrate that the impairment
limits a major life activity[,]” and the limitation
must be “substantial.” Toyota Motor Mfg. Ky., Inc.
v. Williams, 534 U.S. 184, 195 (2002).](https://image.slidesharecdn.com/documentationwhatistheappropriateandwhyisitneeded-140519075356-phpapp02/85/Documentation-what-is-the-appropriate-and-why-is-it-needed-4-320.jpg)
Documentation what is the appropriate and why is it needed
- 1. Talk at Baker College April 29, 2014 Stuart S Segal, Ph.D. Director of the Office of Services for Student with Disabilities- University of Michigan sssegal@umich.edu
- 2. The core definition of “disability”: “The term 'disability' means… a physical or mental impairment that substantially limits one or more major life activities of such individual.” “By retaining the essential elements of the definition of disability including the key term ‘substantially limits’ we reaffirm that not every individual with a physical or mental impairment is covered by the … definition of disability in the ADA. An impairment that does not substantially limit a major life activity is not a disability…. That has not change after enactment of the ADA Amendments Act, nor will the necessity of making this determination on an individual basis.” (“Statement of the Managers to Accompany S. 3406,” Cong. Rec. S8345 (9/11/08)).
- 3. “Merely having an impairment does not make one disabled for the purposes of the ADA. Claimants also need to demonstrate that the impairment limits a major life activity[,]” and the limitation must be “substantial.” Toyota Motor Mfg. Ky., Inc. v. Williams, 534 U.S. 184, 195 (2002).
- 4. “Merely having an impairment does not make one disabled for the purposes of the ADA. Claimants also need to demonstrate that the impairment limits a major life activity[,]” and the limitation must be “substantial.” Toyota Motor Mfg. Ky., Inc. v. Williams, 534 U.S. 184, 195 (2002).
- 5. The ADA’s “fundamental alteration” and “undue burden” concepts have not changed (although language was added re-affirming the fundamental alteration concept, generally and with specific regard to “academic requirements in postsecondary education”)
- 6. The institution is still legally entitled to it, but that alone is not much of a reason How do we make an appropriate decision regarding requested accommodations? If we start saying yes to everything when or how can we say no- You can’t!, except in the three cases when accommodations/academic adjustments do not need to be applied-
- 7. Protects the Institution: Resources Integrity Legal Protection Protects the Student: - In case of legal challenge: denial of accommodations from faculty - Focus of documentation: impairment!!! - What do we do in cases where students are unable to adequately articulate their accommodations?
- 8. Documentation must be current Name, titles & professional credentials at the evaluation Report must be on letterhead, typed, date & have original signatures of the evaluation A list of all the tests given & all of the standard percentile scores based on age or grade norms There must be a clear diagnosis “suggest”, “seems to be similar” “is indicative”, Needs to ruled out are NOT diagnosis. The report must describe the impact of the disability and on specific major life activities and provide a rational on how specific accommodation will allow equal access to the curriculum
- 9. Documentation must be current Name, titles & professional credentials at the evaluation Report must be on letterhead, typed, date & have original signatures of the evaluation A list of all the tests given & all of the standard percentile scores based on age or grade norms There must be a clear diagnosis “suggest”, “seems to be similar” “is indicative”, Needs to ruled out are NOT diagnosis. The report must describe the impact of the disability and on specific major life activities and provide a rational on how specific accommodation will allow equal access to the curriculum
- 10. Average test scores (no scores representing a significant limitation) Unsigned reports Report not written on evaluator’s letterhead No functional limitations given (for instance, how the diagnosis affects the individual related to the accommodation request) Diagnosis based upon subtest score with no additional support In the case of a head injury no assessment conducted after trauma or the recovery period
- 11. Unsigned reports Report not written on evaluator’s letterhead No functional limitations given (for instance, how the diagnosis affects the individual related to the accommodation request) Diagnosis based upon subtest score with no additional support In the case of a head injury no assessment conducted after trauma or the recovery period
- 12. If it would fundamentally alter the nature of the program When the academic requirements are essential to a program of study or to meet licensing requirements If it would be an undue burden such AS a significant difficulty or expense
- 13. ?????????