FEDERAL LAWS:  DISABI LITY DISCRIMINATION​

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program or activity operated by recipients of federal funds.

Title II of the ADA prohibits discrimination based on disability by public entities, regardless of whether they receive federal financial assistance.

"Discrimination" may include inequitable access to educational programs and facilities and refusal to implement or inappropriate implementation of academic adjustments in higher education. A fuller list of Section 504 and Title II issues OCR addresses appears on the Disability Discrimination page.

CALIFORNIA:  STATE IMPLEMENTATION OF FEDERAL LAW

California Community Colleges Board of Governors approved new Title 5 Regulations which took effect July 1, 2016. Section 56027 of Title 5 stipulates that academic adjustments, auxiliary aids, and services (including the provision of accessible information formats) are provided in a timely and effective manner to ensure equal opportunity to students.

Section 508 of the Rehabilitation Act of 1973 is an amendment which was added in 1998 – which applies to federal agencies – and requires that agencies must give disabled employees and members of the public access to information comparable to the access available to others. However, the state of California chose to adopt the Section 508 Standards under state law in 2001 (California government code 11135), applying the standards to California state entities, including the K–12 system and the California community colleges. One year later in 2002, California extended coverage to the California state universities. When Section 508 underwent its recent refresh (published in Federal Register in 2017), California rewrote the state law slightly, as well, and moved it under CA Government Code 7405, where it is currently.

COLLEGE OF THE SEQUOIAS: LOCAL IMPLEMENTATION OF FEDERAL LAWS

SCCD AP 3410:  Nondiscrimination

The District shall provide access to its services, classes and programs without regard to, national origin, religion, age, sex or gender, race, color, medical condition, ancestry, sexual orientation, marital status, physical or mental disability, or because he or she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics.

SCCD A P 3430:  Prohibition of Harassment

College of the Sequoias is committed to providing an academic and work environment free of unlawful discrimination and harassment. This procedure defines unlawful discrimination and harassment, including sexual harassment, and sets forth a procedure for the investigation and resolution of complaints of discrimination and harassment by or against any staff or faculty member or student within the College.

Unlawful discrimination and harassment is defined as discrimination or harassment on the basis of ethnic group identification, national origin, religion, age, sex (i.e. gender) race, color, ancestry, sexual orientation, physical or mental disability, or the perception that a person has one or more of the foregoing characteristics.

SCCD AP 5140:  Access and Ability Center

The District maintains an Access and Ability Center (AAC) for the provision of programs and services to students with disabilities designed to ensure that they have equality of access to District classes and programs.

SCCD AP 3440:  Service Animals

The District will allow an individual with a disability to use a service animal in District facilities and on District campuses in compliance with state and federal law.

The District will allow an individual with a disability to be accompanied by his/her service animal in all areas of the District's facilities where members of the public, invitees, clients, customers, patrons, or participants in services, programs or activities, as relevant, are allowed to go. ​

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• ​Acquired Brain Injury (ABI) is defined as a deficit in brain functioning which results in a total or partial loss of cognitive, communicative, motor, psycho-social, and/or sensory perceptual abilities, and limits the student's ability to access the educational process. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 6710-6712 and 84850, Education Code.
  
  
• Attention-Deficit Hyperactivity Disorder (ADHD) is defined as a neurodevelopmental disorder that is a persistent deficit in attention and/or hyperactive and impulsive behavior that limits the student's ability to access the educational process. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
  
  
• Autism Spectrum Disorder (ASD) is defined as a neurodevelopmental disorder described as a persistent deficit which limit the student's ability to access the educational process. Symptoms must have been present in the early developmental period, and cause limitations in social, academic, occupational, or other important areas of current functioning. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
  
  
• Blindness and Low Vision is defined as a level of vision that limits the student's ability to access the educational process. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code. 
  
  
• Deaf and Hard of Hearing (DHH) is defined as a total or partial loss of hearing function that limits the student's ability to access the educational process. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
  
  
• Intellectual Disability (ID) is defined as significant limitations both in intellectual functioning and in adaptive behavior that affect and limit the student's ability to access the educational process. An individual may have an intellectual disability when:  the person's functioning level is below average intellectual ability; and the person has significant limitations in adaptive skill areas as expressed in conceptual, social, academic and practical skills in independent living and employment; and, the disability originated before the age of 18. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
  
  
• Learning Disability (LD) is defined as a persistent condition of presumed neurological dysfunction which may exist with other disabling conditions. The dysfunction is not explained by lack of educational opportunity, lack of proficiency in the language of instruction, or other non-neurological factors, and this dysfunction limits the student's ability to access the educational process. To be categorized as a student with a learning disability, a student must meet the following criteria through psycho-educational assessment verified by a qualified specialist certified to assess learning disabilities:  Average to above-average intellectual ability; and statistically significant processing deficit(s); and/or Statistically significant aptitude-achievement discrepancies. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
  
  
• Mental Health disability is defined as a persistent psychological or psychiatric disability, or emotional or mental illness that limits the student's ability to access the educational process. For purposes of this subchapter, conditions that are not described and/or excluded in the American Psychiatric Association Diagnostic and Statistical Manual (DSM) or the Americans with Disabilities Act (ADA) are not covered in this category. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-12 and 84850, Education Code; 42 U.S.C. Sec. 12101; American Psychiatric Association (2013). Diagnostic and Statistical Manual of Mental Disorders (Fifth ed.). Arlington, VA: American Psychiatric Publishing.
  
  
• Physical disability is defined as a limitation in locomotion or motor functions. These limitations are the result of specific impacts to the body's muscular-skeletal or nervous systems, and limit the student's ability to access the educational process. (Title V)
  
  Authority cited: Sections 67312, 70901 and 84850, Education Code. Reference: Sections 67310-67312 and 84850, Education Code.
  
  
• Other Health Conditions and Disabilities includes all students with disabilities, as defined in Section 56002, with other health conditions, and/or disabilities that affect a major life activity, which are otherwise not defined in Sections 56032-56042, but which limit the student's ability to access the educational process. (Title V)
  
  

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​Students who believe they would benefit from AAC services, but do not have verification of a qualifying condition, may choose to undergo a learning assessment. This process takes approximately six hours, and includes tests of reading, writing and math, as well as tests of cognitive skills (e.g. information and language processing, memory, processing speed). Students who qualify for learning disabilities services must demonstrate average to above-average intelligence, along with significant aptitude-achievement and/or intra-cognitive discrepancies.

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​

1. Many students who are eligible for AAC supports are reluctant to request or use them. Most students want to go about their educational activities the same way their peers are; doing things differently (like using extended testing time) is embarrassing and/or uncomfortable for many of our students.
   

2. Begin the semester by creating a welcoming, respectful atmosphere for students. Verbally review your syllabus statement inviting students to request accommodations they may need.
   

3. Accommodations are meant to "level the playing field," NOT give an unfair advantage. Reasonable accommodations are determined through a thorough interactive process between the student and AAC staff. Students who use the AAC should neither be graded differently than other students nor given additional requirements in order to receive accommodations. Rather, accommodations are intended to remove barriers to learning based on that particular student's educational limitations.
   
   
4. Accommodations should not alter the fundamental curriculum of a class. If you feel that an authorized accommodation would significantly alter the curriculum of your class, please contact AAC staff. Other appropriate methods of accommodation may be considered.
   
   
5. Students must formally request their accommodations every semester. Once a student has requested their accommodations, they must turn in their Authorized Accommodation forms to you to let you know the student wishes to utilize their approved accommodations for your class. Though we strongly encourage all students to speak to their instructors about their accommodations, we also strongly recommend that you announce (preferably at the beginning of the semester) that all students wishing to utilize accommodations must confirm with you by turning in their Authorized Accommodations form (in person or via email).
   
   
6. Whether or not you are aware of it, you are likely being recorded. AAC students who have recorded lectures as an authorized accommodation do have the right to record your class under the premise that recording lectures is for their personal educational use only. If you need students to pause their recordings (e.g. you teach a course in which students share very personal experiences), it is most productive to announce that you "request" that all recorders be temporarily turned off and that all material discussed in that time will not show up on an exam. This will result in the student feeling at ease with turning his or her recorder off. However, please be aware that students who have this accommodation on their AA form do have a right to record.
   
   
7. All electronic and information technology must be fully accessible.  This is in accordance with Section 508 of the Rehabilitation Act.
   

8. Universal accessibility will help ALL of your students. Universal accessibility refers to allowing all students equal access to learning material. Examples of this may include: closed captioning in videos; making sure all web-based material is accessible through keyboard use only; or simply teaching using different modalities, by providing verbal as well as written directions, and using cues, such as color-coding or graphics as necessary, you can maximize accessibility in your classroom.
   
   
9. Maintain confidentiality. Do not talk about a student's accommodations or qualifying condition in front of others. Do not ask a student to provide a copy of their qualifying documentation to you. An Authorized Accommodation (AA) form from AAC is the only document a student needs to present to faculty in order to receive accommodations. When a student approaches you about their accommodations, you may ask him/her how he/she learns best and what activities he/she finds difficult. Discuss possible solutions.
   
   
10. Students who feel they are being discriminated against on the basis of their disability have a right to file a grievance. This process is in alignment with College of the Sequoias AP 5530 - Student Rights and Grievances.

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COS Board Policy 3440 states:

In order to prevent discrimination on the basis of disability, the District will allow an individual with a disability to use a service animal or miniature horse in District facilities and on District campuses in compliance with state and federal law. This policy will also be applicable to an individual who is training a service animal.

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

Under the ADA, State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospital it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal's presence may compromise a sterile environment.

A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal's presence.

Selected from the US Department of Justice, Civil Rights Divison - Disability Rights Section.

The task(s) performed by the dog must be directly related to the person's condition. For example, many people who are blind or have low vision use dogs to guide and assist them with orientation. Many individuals who are deaf use dogs to alert them to sounds. People with mobility impairments often use dogs to pull their wheelchairs or retrieve items. People with epilepsy may use a dog to warn them of an imminent seizure, and individuals with psychiatric disabilities may use a dog to remind them to take medication. Dogs can also be trained to detect the onset of a seizure or panic attack and to help the person avoid the attack or be safe during the attack. Under the ADA, “comfort," “therapy," or “emotional support" animals do not meet the definition of a service animal because they have not been trained to do work or perform a specific task related to a person's disability.

Allowing service animals into a “no pet" facility is a common type of reasonable modification necessary to accommodate people who have disabilities. Service animals must be allowed in all areas of a facility where the public is allowed except where the dog's presence would create a legitimate safety risk (e.g., compromise a sterile environment such as a burn treatment unit) or would fundamentally alter the nature of a public entity's services (e.g., allowing a service animal into areas of a zoo where animals that are natural predators or prey of dogs are displayed and the dog's presence would be disruptive). The ADA does not override public health rules that prohibit dogs in swimming pools, but they must be permitted everywhere else.

The ADA requires that service animals be under the control of the handler at all times and be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents him from using these devices. Individuals who cannot use such devices must maintain control of the animal through voice, signal, or other effective controls.

Public entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry. In situations where it is not apparent that the dog is a service animal, a public entity may ask only two questions: 1) is the animal required because of a disability? and 2) what work or task has the dog been trained to perform? Public entities may not ask about the nature or extent of an individual's disability.

Selected from ADA Update:  A Primer for State and Local Governments (page 4/5).

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​​If supports like extended testing time in an alternate location, audio books, or note taking assistance would be helpful to you, please contact the Access & Ability Center (AAC) for an “interest" appointment (to determine if you may have a qualifying condition). The AAC is located in Lodgepole (LRC) 105, at the back of the Library, on the Visalia campus and can be reached by telephone at (559) 730-3805 (or by videophone at (559) 737-4890). If you do not wish to register with the Access & Ability Center, and have a condition that would qualify you for such services, please contact the ADA Coordinator (John Bratsch, Human Resources) to arrange for a confidential meeting to discuss services and accommodations. Contact should be initiated as soon as possible to allow adequate time for accommodations to be arranged.

Accessibility Statement:  This course is designed to maximize accessibility to the curriculum, assignments, and content. If any part of the class is not accessible to you (easy to use, obtain, or retrieve), please inform the instructor to discuss possible solutions and/or alternatives.

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​​STUDENT/INSTRUCTOR CLASSROOM AUDIO RECORDING AGREEMENT

According to the U.S. Department of Education, Office for Civil Rights, the tape-recording of classroom sessions as an accommodation for students with disabilities is required under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). The legal reference, found in the Code of Federal Regulations 34CFR 104.44(b) for Section 504 reads as follows:

Sec. 104.44 Academic Adjustments

(b) Other rules. A recipient to which this subpart applies may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of guide dogs in campus buildings that have the effect of limiting the participation of handicapped students in the recipient's education program or activity.

Students with disabilities who require (need) this accommodation, as noted on the Authorized Accommodations form, must be allowed to tape record classes and are required to sign this agreement. A student who fails to comply with this agreement may be subject to discontinuation of this service.

DIRECTIONS: Read and complete this form. If there are any questions, please contact the Access & Ability Center at (559)730-3805.

After the form is completed, the student must return this form to the Access & Ability Center.

I, _______________________________________________________________, agree to the following:

1. I agree to use the tape recording for my own educational needs only.

2. I will turn off the tape recorder at the instructor's request during portions of the lecture which are not relevant to the content of the course requirement.

3. I will erase all tapes at the end of the course, or return the tapes to the Access & Ability Center office where they will be erased for me.

4. Information contained in the recorded lecture is protected under federal copyright laws and may not be published or quoted without the express consent of the lecturer and without giving proper identity and credit to the lecturer.

5. I agree to return the recording device by the last day of finals week. If recording device is not returned a hold will result on my account and I will not be able to register for future classes.

Course Title ____________________________ Section # ____________ Semester _____________________

Access & Ability Center Staff Signature __________________________________ Date __________________

Instructor Signature __________________________________________________ Date __________________

Student Signature ___________________________________________________ Date __________________

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• Are your students seated where they can see the teacher, the overhead projection screen, and the chalkboard, and still turn to see other students?
  
  
• In checking to see if they understand, be careful not to embarrass them in front of peers.
  
  
• Talk slowly/clearly to your students who are hard of hearing. Do NOT exaggerate mouth movements or shout.
  
  
• Have one person talk/sign at a time.
  
  
• Identify the person speaking and make sure the student who is hard of hearing knows who is talking. Pointing towards the person speaking is helpful.
  
  
• Avoid talking while writing on the board.
  
  
• Do not stand or sit in front of a bright light or window.
  
  
• Be sure the students who are hard of hearing/deaf are seated near enough to lipread/speechread you avoid moving around in the class excessively.
  
  
• Avoid covering your mouth when speaking.
  
  
• Cue the students who are hard of hearing to page numbers in the textbook (write them on the board).
  
  
• Use visual media and avoid talking while handling media. Give your students time to read before you start talking.
  
  
• When showing a movie, remember that students who are hard of hearing can't always lipread/speechread the person talking or may not hear the audio. Use an interpreter, provide a script or a written summary in advance.
  
  
• If the lights are dimmed to show a filmstrip, etc., remember that students can't lipread/speechread in the dark.
  
  
• Use the overhead or board to draw attention to key points during the class.
  
  
• Use an outline on the overhead to help your students follow the presentation.
  
  
• Provide handouts on key points or write them on the board.
  
  
• Share your own notes with your students.
  
  
• Write homework assignments on the board. 22
  
  
• In many cases, it will be necessary to provide note-taking during class and tutoring after class. It is often helpful to prepare them before class by briefly discussing what will be taught. Have a capable student take notes.
  
  
• Effective use of an interpreter (oral or sign language) is frequently necessary. Be careful, however, not to assume that an interpreter solves all problems.

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​​​AUTHORIZED STUDENTS are students who have been approved for AAC services, or who are verified as eligible by our ADA Coordinator, John Bratsch.

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Testing Accommodations are meant to ensure that tests evaluated students' knowledge of a subject matter, rather than their sensory, manual, or speaking skills, unless that is what the test purports to measure.

Students wishing to receive assistance with examinations, including a test writer, reader, use of electronic devices, extra time, or monitoring/proctoring, must obtain a request form from the Access & Ability Center. Once completed and signed by the instructor, the request must be returned to the Access & Ability Center 48 hours prior to providing the requested assistance.

This process was implemented to avoid miscommunication with the instructor on how the test should be administered, to safeguard delivery and return of examinations, and to allow ample time for the Access & Ability Center to arrange the requested assistance.

Testing accommodations may include, readers, scribes, extended time, distraction-reduced environment, and alternate test formats. When a recommended accommodation includes additional time on tests, instructors may choose to proctor the exam themselves or arrangements can be made to have the Access & Ability Center proctor the exams at a distraction-reduced site. (However, those students whose AA form includes “distraction-reduced setting" should not be discouraged from using the Testing Center.)

Students are counseled to discuss their need for testing accommodations with their instructors at the beginning of the semester (though some may not learn of their eligibility for this until later in the term). Students must show their instructors an Authorized Accommodations form, where it states the students specific testing time. AAC staff determine testing times based on each individuals student's needs. Time and a half and double time are the most common.

Students are required to take the test on the same day as the rest of the class, unless other arrangements are made. Instructors are to notify the Testing Center the time the test must be taken. Exams must be completed in one sitting unless the instructor states otherwise.

At least 48 hours before the first test, students must come to the Testing Center and ask to have a “Request for Test Assistance" form sent to each instructor, for each class. Students may not use testing facilities until this form is completed. Every student who plans to take tests in the Testing Center must schedule an appointment with the front desk. Appointments may be made in person or over the phone.

Two days prior to the exam date, instructors must email the test to the Testing Center services or deliver it to the Testing Coordinator on their respective campus. The student is responsible for contacting the instructor to arrange for the test to be sent to the office. Test proctoring can be provided for a student whose absence on the regular testing day was disability-related. Students will not be allowed to bring in their own scantrons. AAC testing staff will provide all scantrons to students. All testing materials, scratch paper, etc. must be turned in to the Testing Center when the exam is completed.

Students are to abide by the testing conditions specified by their instructor and the Access & Ability Center staff on the Testing Accommodations Form. All testing irregularities will be reported to the instructor for whom the exam is being proctored. Instructors have final say on the outcome of grade. AAC Testing Center reports any irregularities, but is not responsible for grade outcomes.

“Testing irregularity" is defined as:

• Any deviation from the specified testing conditions
• A student having a test in his/her possession for an extended period of time prior to beginning the exam
• Any other potentially objectionable circumstance

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​​Section 508 of the Rehabilitation Act of 1973

In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. The law (29 U.S.C § 794 (d)) applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508, agencies must give disabled employees and members of the public access to information comparable to the access available to others.

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Student Rights

1. A student's participation in the Access & Ability Center (AAC) shall be entirely voluntary. 
   
   
2. Receiving support services or instruction through AAC shall not preclude a student from also participating in any other course, program, or activity offered by the college or from receiving basic accommodations required by state and federal law. 
   
   
3. All records maintained by AAC personnel pertaining to a student's qualifying condition(s) shall be protected from disclosure and shall be subject to all other requirements pertaining to the handling of student records. (Note: Authorities cited: Title 5 C.C.R. Section 56000)
   
   
4. A student may file an appeal if s/he believes s/he has been discriminated against on the basis of disability, or believes there have been allegations that have denied him/her adequate or appropriate accommodations.
   
   

Student Responsibilities

1. Students must provide AAC with the necessary information, documentation and/or forms as required to verify their qualifying condition (medical, educational, etc.) before being granted their Authorized Accommodations.
   
   
2. Students must use AAC in a responsible manner and abide by the policies and procedures including formally requesting needed accommodations and services in a timely manner. 
   
   
3. Students must comply with the Student Code of Conduct adopted by the college. 
   
   

Faculty Responsibilities

1. Faculty are to refer students to AAC to authorize the appropriate accommodations. 
   
   
2. Faculty must help provide reasonable accommodations including the use auxiliary aids, note-takers, and recorded lectures. 
   
   
3. Faculty must provide fully accessible learning modules, ensuring student access to programs and events. 
   
   
4. Faculty must keep any disability-related information confidential, discussing it only with AAC program staff. 
   
   
5. Faculty must not modify the core curriculum of their class for students using AAC services.
   
   

AAC Responsibilities

1. AAC must provide information and services so that students with qualifying conditions may participate in any and all courses of the institution. 
   
   
2. AAC must provide services in a timely fashion. 
   
   
3. AAC must collect and review disability documentation for eligibility and determine what types of accommodations are appropriate. 
   
   
4. AAC must keep disability-related information confidential, discussing it only with those who have a valid reason to know. 
   
   
5. AAC must assist faculty and staff in providing reasonable accommodations. 
   
   
6. AAC must consult with administration, faculty, and staff on the provision of services, accommodations, and access as required under current federal and state law. 
   
   
7. AAC must advocate for institutional responsibility to the rights of persons with disabilities.

Institutional Responsibilities

1. College of the Sequoias must provide a campus in which educational, cultural, and extracurricular activities are physically and programmatically accessible. 
   
   
2. College of the Sequoias must create policies that encourage the inclusion of persons with disabilities in employment and education. 
   
   
3. College of the Sequoias must provide a process so that students with disabilities may address any grievances with the institution and office(s) that provide services. 
   

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