Slide 1

Purdue University Calumet And Harper College Center for Access & Disability Services

Welcome you to

June 24, 2014Going Beyond the ADA

Beyond the Americans with Disabilities ActInclusive policy and practice for higher education

This is an interactive panel with the editors and some of the authors of a new text 2NASPA and AHEAD Collaboration

37 Running Themes

4Running Theme #1Each chapter will reflect the spirit of Universal Design, Universal Access or other Universal pedagogy as the ultimate vision, versus maintaining ADA minimal standards as a mission

5Running Theme #2For the purpose of consistency, we prefer the usage of person first language, as in students with disabilities or people with disabilities, versus disability first language such as disabled person or disabled student. However, it is acknowledged this is a controversial issue, and is addressed in the introduction of the publication. In the end, what is correct is what the individual prefers.So, if in doubt, ask!

6Running Theme #3Since this book will not likely be updated for several years, the chapters must reflect not only current reality, but also demonstrate a forward thinking perspective. Transformation is a continuous and ongoing process. Collaboration is key!

7Running Theme #4Chapters must reinforce the importance of the student as self-advocate

8Student Self-AdvocacyNothing About usWithout usThis text emphasizes shared responsibility at every turn. The editors and authors present a case for empowering individuals to understand both the rights and responsibilities that are inherent in an interdependent world.

Many people consider the ADA to be the Civil Rights Bill for the disabled, and it is true in many ways. During the 1960s the focus was on the ability to sit wherever you wanted on the bus, however to this day there are many of us still unable to get on the bus or taxi at all due to lack of accessible public transportation.

The future of disability rights cannot be met without the disabled students involvement. I believe in the motto Nothing about us without us. There is much more work yet to be done, and we need to involve everyone.

9Running Theme #5Chapters must reinforce the role of disability and/or accessibility personnel as key partners in campus initiatives addressing not only the needs of students with documented disabilities, but also those who dont self-identify but would benefit from accessible design approaches

10Running Theme #6Disability must be addressed as part of the diversity fabric, and included in multicultural initiatives, since disability is an identity that is socially constructed.

11Running Theme #7Chapters should promote the role of DS providers as collaborators, not just providers of accommodations, and the institution as committed to providing choices proactively, thereby providing access in the context of a strong institutional commitment.

12So, who needs this book? Everyone!

13Organization of the Text

ADA & Changing PedagogyTechnologyEmerging PopulationsBest Practices

These four themes for discussion represent the four sections of Beyond the ADA. Chapters 1-3 are incorporated within The ADA and Changing Disability Pedagogy. Chapters 4 and 5 make up the Information and Communication Technology section. Emerging and Growing Populations and Their Impact on Higher Education is made up of chapters 6 -8. Finally, Best Practices includes chapters 9-20. I will provide an overview of these chapters and by reviewing the general areas covered will demonstrate how the book is relevant for multiple specific student affairs areas.

14Themes of the TextThe ADA and Changing Disability Pedagogy (Ch 1-3)Information and Communication Technology (Ch 4&5)Emerging and Growing Populations and Their Impact on Higher Education (Ch 6-8)Best Practices (Ch 9-20)

Universal Design15DisclaimerThe contents of this presentation and any materials associated with todays Drive-In are provided for informational purposes only and are not to be construed as legal advice. You should seek the advice of your college counsel or independent counsel to resolve any legal questions or matters that you are responsible for addressing.16Before you can go beyond the law, you must first know what it requires, and then comply with itThe Baseline has shiftedPaul Grossman, Ch 1

Federal Disability Anti-Discrimination Laws Cover Us AllCompliance with Federal disability rights laws is required of nearly every American college and university :Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; and,Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12131-34, or,Title III of the ADA, 42 U.S.C. 12181-89.18These Laws Apply Broadly Every program and activity is coveredEvery individual with a disability (students, employees, visitors) is protectedAny employee has the potential to create noncompliance and many such individuals are unaware of recent changes and amendments (upgrades) to these laws a new baseline

If you do not train everyone to comply with these laws, you cannot maintain compliance with the ADA, much less get beyond the ADA 19The New BaselineThese laws have undergone the greatest change in 20 yearsThe ADA Amendments Act of 2008, effective in 2009, clarified by EEOC regulations effective in 2011, have greatly expanded who is protected by these lawsIn 2010, the U.S. Department of Justice (DOJ) published new regulations implementing Titles II and III of the ADA. Respectively, 28 C.F.R. Part 35 (Title II) and 28 C.F.R. Part 36 (Title III). 20Definition of DisabilityDue to the ADAAA it will be much easier for students with disabilities (SWDs) to establish coverage under Section 504 and the ADACourts now will focus on discrimination and accommodation allegations rather than is the plaintiff an SWDIt will be particularly easy to establish coverage where the issue is just discrimination, not accommodation

21Basic Requirements of these LawsThese laws prohibit discrimination on the basis of disabilityAdmissionProgram accessFacilities accessHostile environmentService animals, mobility devicesThese laws minimally require academic adjustments and auxiliary aids for students with disabilities (reasonable accommodation)22Changing Disability PedagogyJean Ashmore and Devva Kasnitz, Ch 2Enriching our understanding of disability with a more inclusive perspective of social and cultural constructions 23Different Models of Disability

In Chapter 2, Jean Ashmore and Devva Kasnitz discuss the development of academic models of disability and offer suggestions for implementing inclusive, person-affirming approaches. They suggest that the development and delivery of progressive disability services is possible with the emergence of sociocultural disability models and that Progressive models of disability and the pursuit of universal access represent a directionnot an end goal but more of a process.

The idea is that individuals should be able to benefit from offerings and opportunities without having to jump through hoops or qualify for special services.24

Universal Design: Do-ItSheryl Burgstahler, Ch 3Expanded access rather than individual accommodationsInstitution-wide technology, instruction, programming, architectureRetention!!

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Student ServicesTransitioning from the language of services and support to resources and facilities

Addressing disability access as the shared responsibility of each department26

Information Communication TechnologyRachel Luna and Gaier Dietrich, Ch 4 & 5Individual AccommodationsInstitution-wide Commitment Leads to Access27

Emerging Populations: Wounded Warriors, Intellectual Disabilities and Hidden DisabilitiesJohn Mikelson, Tom Thompson, Lorraine Wolf and Jane Theirfeld Brown, Ch 6-8

Chapters 4 through 6 of the text address the following emerging populations:

Wounded Warriors, Students with Intellectual Disabilities, Students with Hidden Disabilities,

With us today is Tom Thompson, author of the chapter focused on supporting educational options for students who experience intellectual disabilities as well as Lorraine Wolf and Jane Theirfeld Brown, authors of the chapter on students who experience hidden disabilities.

28Best Practices

Taking initiatives beyond the minimum to make higher education universally accessible: Seeking input from students and faculty with disabilities, holding all offices responsible for providing access, promoting collaborative planning and programming throughout different departments.

A few of our best practice authors

Neal introduces Ed29Best Practices and Collaborative Efforts, Ch 9-20 Taking initiatives beyond the minimum to make higher education universally accessible:Seeking input from students, staff, and faculty with disabilities Holding all offices responsible for providing accessPromoting collaborative planning and programming throughout different departments 30Best PracticesInnovative PartnershipsStrengthening Student AffairsUD in Built and Online Transition to CollegeExperiential EducationAccessible Recreation and AthleticsAccessible On-campus Housing

Study Abroad Inclusive OpportunitiesEngaging International StudentsStudent ConductIntersectionality: Identity Re-formationChallenging the Status Quo

Accommodation Alone Falls Short32Innovative PartnershipsScott Friedman, Eileen Connell Berger, and Kaela Parks, Ch 9Innovation in our work requires collaborative partnerships to develop funding streamsServices for students are expanded when utilizing regional/state cooperativesStudent-led partnerships (such as student leadership groups and service-learning opportunities) expand the reach of Disability ServicesUniversal Design for campus events increases awareness and displays institutional commitment to access

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Intersectionality: Identity Re-formationKaren Bishop Morris and Jacquelyn Bustos, Ch 19Working with students with disabilities must be a collective enterprise that engages not only students but every echelon of the institution and every aspect of society.Collaboration is the key to taking a stand for one and making a difference for all

(Bishop Morris, Bustos, 189).

Challenging the Status QuoDhanfu Elston, Ch 20Recruit students and colleagues with disabilities to join in policymaking Listen to their stories to challenge long-held institutional beliefs and practices Support despite hostility and institutional politics

35Q U E S T I O N S

Mary Lee36