FALL 2008 WORKSHOPS FROM DAIS

Three one-day workshops from DAIS are organized specifically for postsecondary disability service providers. They will provide immediately useful, practical information/suggestions for those working directly with students with disabilities. As noted in the schedule below, during the period of October 1-4, the workshops will be rotated so that you can attend one, two, or three, in any combination. Reduced prices will be offered for multiple workshops ($175 for workshops one and two, $150 for the 3rd!), or multiple registrants from the same institution (contact JaneJarrow@aol.com to discuss costs).

NOTE: All of the workshops will be held in Columbus, OH. Information about logistics (where to go and where to stay) follows the workshop descriptions.

BACK TO BASICS: WHAT *IS* THE ACCOMMODATION…
AND WHY AM I MAKING IT?

October 1, October 3

This innovative workshop tackles a new problem in an old way. Lately it seems that, not uncommonly, all the students with "X" diagnosis/label on campus are receiving the same accommodations in all settings. Something is wrong with this picture! This workshop provides an opportunity to step back and look at what accommodations are available/used in higher education, why they were brought into use, and what circumstances should be evident before accommodation is assigned. If you have never had the chance to consider "why" (or "why not!!!) -- or if it has been too long since you thought about it -- this workshop is for you. Simply put, if we, as service providers, don't start doing a better job of assigning accommodations based on demonstrated need in order to assure access (rather than as a privilege associated with disability status or as a benefit assigned out of a misguided sense of obligation), we will soon find that the credibility of the accommodation process, as a means of assuring access, may be significantly damaged.

Section 504 and the ADA do not, for the most part, discuss specific mechanisms (accommodations) for providing equal access to education. WE, as service providers, developed these options a long time ago because they seemed to be necessary and appropriate to meet the access needs of students. But as the profile of students with disabilities has shifted, and the numbers have grown dramatically, we somehow seem to have lost sight of the REASON for the accommodation in our bandaid approach to meeting the demand. This workshop isn't about the "how-to" of accommodations -- it is about the "WHY!!!" After setting the stage with a brief discussion of the legal, philosophical and practical issues surrounding accommodation, we will review as many as possible of the accommodations that are routinely provided on college campuses today, discussing (as appropriate):
• the nature of the accommodation
• why the accommodation is made
• the functional limitation(s) linked to this accommodation
• examples of how the accommodation is used/misused
• controversial aspects of the use of the accommodation
• special considerations re: this accommodation

WORKSHOP AGENDA

(These are topics to be covered and the order of presentation – no specific times are assigned to allow for flexibility in meeting the interests of participants re: the various accommodations to be discussed.)

Defining the issues
• Legal underpinnings for accommodation
• PURPOSE of accommodation
• Recognizing functional limitations
• "Accommodation-by-label" is dangerous all around
• Let's stick with things we can control/provide for the student
Primary areas of confusion
• Right v. privilege
• Lowering expectations v. varying expectations
• Accommodation v. rehabilitation
• Accommodation v. student development
Practical considerations
• Numbers growing, staffing is not
• Knowing what to look for
• Faculty perceptions
A NON-Discussion of Documentation Requirements and Service/Companion Animals

SPECIFIC ACCOMMODATIONS
• Notetakers/Notetaking
• Extended time on tests and assignments
• Assistive Listening Devices
• Interpreters
• Closed captioning/C-print
• Attendance policies
• Tape recorders
• Alternate media (not how to do it, but WHY to provide it!)
• Priority Registration
(as time permits)
• Reduced Load
• Quiet-proctored setting
• Scribes/Readers
• Preferential Seating (including furniture!)

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DEVELOPING TECHNICAL STANDARDS
AND ELIGIBILITY CRITERIA THAT ARE APPROPRIATE
AND LEGALLY DEFENSIBLE

October 2, October 5

This session will provide immediately practical and useful information on the most common issues, concerns, and solutions in working with faculty to develop appropriate standards/criteria for selection, inclusion, and successful completion of technical and professional programs. Moreover, it will include specific direction for engaging faculty in the kind of studied review of technical requirements that will allow them to focus their technical standards on the curriculum to be mastered, rather than some arbitrary list of physical skills and abilities that are presumed to assure competence. The development of eligibility criteria and technical standards has been a recurring topic at institutions of higher education in recent years. The ADA requires that eligibility criteria (and, by extension, technical standards) not be implemented that screen out, or tend to screen out, persons with disabilities on the basis of that disability. The law does not say that technical standards cannot be applied to persons with disabilities, even if those standards involve physical requirements that may be impossible for someone with certain disabilities to meet. It simply says that the criteria/standards applied must not focus on disability or on being/not being disabled. Developing standards/criteria that are based on appropriate evaluation of necessary skills, rather than historical precedent, is not always easy – but is very necessary.

This workshop takes disability services personnel one step beyond the traditional discussion of direct service delivery; it explores a critical element of creating a campus climate that is conducive to the involvement and participation of students with disabilities throughout the institution's educational programming. An architecturally accessible campus, with a terrific disability support service office, may still be a dismal experience for a student with a disability who encounters daunting attitudinal barriers in the form of eligibility criteria or technical standards that exclude participation on the basis of bias or stereotype, no matter how kindly meant. This workshop seeks to prepare disability services personnel to confront such attitudinal barriers with studied argument, grounded in the legal mandates for access.

WORKSHOP AGENDA

(These are topics to be covered and the order of presentation – no specific times are assigned to assure the free flow of information and adequate time for questions/answers, scattered throughout.)

• Why are eligibility criteria/technical standards a common "battleground" in higher education, and why is it so important to get involved in this issue?

• What do "otherwise qualified" and "reasonable accommodation" mean as applied to technical standards and eligibility criteria?

• What types of college programs typically have (or should have!) standards/criteria in place and the common problems they pose; type of college programs that DON'T lend themselves to the development of such standards/criteria>

• What common mistakes are encountered in framing eligibility criteria or technical standards?

• What general arguments made for development of criteria/standards and for insistence on questionable wording or requirement? How to combat stereotypes and bias.

• Court cases and OCR Letters of Finding dealing with issues of standards/criteria; Case-in-Point: Casey Martin -- this is what it’s all about!!!

A NEW WAY OF THINKING ABOUT (AND DEVELOPING) TECHNICAL STANDARDS:
• Faculty driven
• Curriculum-based
• In keeping with OCR guidance

GROUP THINK: Trouble-shooting existing requirements, implementing new practices

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UNDERSTANDING THE LEGAL MANDATES
WITHOUT BECOMING AN ATTORNEY

October 3

An old adage reminds us that, "you can't tell the players without a scorecard." BY the same token, in the field of DSS, you can't answer your own questions, or examine/explain/defend your policies, practices, and procedures without a firm understanding of the legal mandates that guide our efforts. This workshop will provide an introduction/review of the key legislation and court cases relevant to students with disabilities in higher education. What are the differences between ADA, 504, and IDEA — and why is it important for service providers to understand those differences? How are key terms defined in the law, and what practical examples from higher education will help to better understand the intent and the impact of those definitions on support/service programs in postsecondary education? Why/How can different authorities read the same case law and have such different opinions? All this and more!...

WORKSHOP AGENDA

(These are topics to be covered and the order of presentation – no specific times are assigned to assure the free flow of information and adequate time for questions/answers, scattered throughout.)

Setting the Stage:
• IDEA/Section 504/ADA
What is important to me… and WHY?
Laws that overlap
STUDENTS who overlap
• Statute/Regulations/Interpretive Guidance --
Who said what and how binding is it?
• District Court/Circuit Court/Supreme Court --
What influences their decisions besides the law?
• OCR Investigations
• 504/ADA are Civil Rights statutes -- or ARE they???
• Distinguishing Good Practice from Good/Bad Law!!!

Most confusing Myths Regarding the Law:
• "Covered disabilities"
• "essential functions of the job"
• REASONABLE v. rEASONABLE Accommodations
• "I have a right to these accommodations"
• "my documentation says I should get…"
• testing must be “recent” (within 3 years)
• “you have to provide me with tutoring”

Picking Apart the Definitions/Language of the Law(s)
• "Person with a disability"
• "physical or mental impairment"
• "substantially limits"
• "major life activities"
• "history (record) of impairment"
• "perceived (regarded) as having a disability"
• "Otherwise qualified"
• "solely on the basis of disability"
• illegal use of drugs
• no requirement for citizenship
• reasonable accommodation
• direct threat to the health or safety of others
• substantial change in an essential element of the curriculum
• substantial alteration in the manner in which the opportunity is provided
• undue financial or administrative burden
• technical standards and eligibility criteria
• prohibition regarding pre-admission inquiries

Primary Applications of the ADA (and 504) to Higher Education
• No exclusion on the basis of disability
• No discrimination through eligibility criteria
• Modifications in policies/practices/procedures
• Presence and use of service animals
• No discrimination through association
• Examinations and courses must be accessible
• No harassment or retaliation
• Who bears the cost?

What ISN'T Addressed by 504/ADA?
• Grievance Policies
• Confidentiality
• Documentation

Related Laws of Note:
• Reauthorization of the Rehab Act and Interagency Agreements
• Chaffee Amendment
• FERPA
• Fair Housing Act

Back to the Legal Landscape
• 5th, 11th, 14th Amendments to the Constitution
• What have the courts defined/what have they confused
• From Davis to Bartlett with relevant stops in between -- Major court cases that have shaped our PRACTICE in DSS/Higher Education
• What to watch for…

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LOGISTICS
Where to Go and Where to Stay

REMEMBER:

All of the workshops will be held at the Concourse Hotel, located on the grounds of the Port Columbus (OH) airport.

We have NOT reserved a block of rooms at the hotel, because choices abound. There are five hotels within the same half block (with a McDonald's stuck in between), and it turns out that they are all managed by the same hotel group. They share a shuttle from the airport (no ground transportation charges!) and they are ALL convenient to the meeting space, so you could book in at any of the properties and be just fine. That means you get to choose how upscale you want your accommodations to be, and negotiate your own price with Priceline.com, Hotels.com, or one of the other travel websites - and all at a STARTING reasonable price, The Concourse Inn is kind of the "top of the line" and includes an indoor swimming pool, an exercise room, and all the amenities, but all of the properties are relatively new and very acceptable, clean and safe. Here are your choices:

Concourse Hotel
4300 International Gateway
Columbus, OH 43219
(614) 237-2515
Website

Hampton Inn
4280 International Gateway
Columbus, Ohio, USA, 43219
(614) 235-0717
Website

Hilton Garden Inn Columbus Airport
4265 Sawyer Road
Columbus, Ohio, USA, 43219
(614) 231-2869
Website

Comfort Suites
4270 Sawyer Rd.
Columbus, OH 43219
(614) 237-5847
Website

Baymont Inn and Suites
4240 International Gateway
Columbus, OH 43219
(614) 237-3403
Website

Transportation:
For those who are flying in to Columbus for the workshops, there will be a free shuttle from the airport to the hotel. For those who are driving, there will be ample free parking available onsite and we will be happy to provide you with directions.

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ATTENTION (hup!!!)
Enlist now in the 2nd Annual
Community College Boot Camp
October 14-17



"A hundred dollars and a heartbeat…"
"A dollar and a dream…"


No matter what kind of catch phrase you have heard applied over the years to students accessing the promise of higher education through the nation's open enrollment institutions, the fact remains that these colleges provide a very affordable and manageable pathway for many students with disabilities along with their non-disabled counterparts. Yet, students with disabilities sometimes present unique challenges to service providers (and institutions!) when the lack of formally stated criteria or expectations mean that students with dramatically different levels of preparation and motivation sit side-by-side in class.

The CC Boot Camp offers four (intensive!) days of discussion surrounding the promise and predicament that is presented by students with disabilities in the community college setting. Whether you are new to disability services, new to your institution, or an old hand looking to talk things out with others who understand the issues and the challenges you face, this Boot Camp has something significant to offer.

The topics for discussion include:
• "Otherwise qualified" and what it means in the context of open enrollment institutions
• Legal issues/applications
• Policies/procedures to guide your program
• Profiling students with disabilities in open enrollment institutions
• The Documentation Dilemma (what you need, what you get, where that leaves you!)
• Accommodations in placement testing and developmental courses
• Technical standards
• Special topic – transition from K-12 and NOT from K-12
(a full agenda is posted to the end of this section)

The Boot Camp is organized much like a Club Med vacation [although there are no beaches in sunny (?!?) Columbus, OH], with all food and lodging for the four days included in a packaged price. You just have to get yourself to Columbus, and DAIS will do the rest. Planned for a four day time slot in mid-Fall, the CC Boot Camp offers something else that isn't available through more traditional professional development activities -- a chance to be away from campus and the interruptions and demands on your time and attention. Think of it... four days to focus exclusively on the issues that you care about, and to share your triumphs and frustrations with a group of people who already understand what those issues are!

Jane Jarrow has been a leader in the field of disability services in higher education for more than 25 years. She has visited more than 200 campuses in US and Canada, has written extensively in the field, and has provided inservice training and professional development to several thousand postsecondary faculty, staff, administrators and disability service providers. A recognized authority on all those things near and dear to the every day existence of those working in the field, Jane is known as much for her down-to-earth style, her practical approach, and her eminently usable advice as for her hard-won experience and expertise. Jane will serve as teacher, facilitator, mentor, and (re-usable) crying towel for Boot Camp recruits.

The best part of all may be the price. Four days of intensive training, room and board for a package price of $2500. That is less than the cost of bringing Jane to your campus for ONE day – and then you'd have to share her with everyone else! And... what a bargain!... members of AHEAD, WAPED, and TX-AHEAD get a 10% discount!!!

Ready to enlist? Good! Contact Jane Jarrow directly at JaneJarrow@aol.com, or give her a call at (614)481-9450, and we'll get the process started. DON'T DELAY – there is limited space in the barracks!

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Training Agenda:

Day 1
I. Introduction
•Overview of group's stated needs
II. Defining roles
III. What is in place/What SHOULD be in place?
• Group Activity – "The Grass is Always Greener…
IV. Legal backdrop for discussion (what does "otherwise qualified" mean in the context of equal access/opportunity)
VI. "Otherwise Qualified" for the Open Enrollment institution: overwhelmed or overwhelming?
• Group Activity – "I Can Top That One!" "
VII. Understanding the legal limits and educational dilemmas

Day 2
I. Legal issues/applications (statutes, policies, differences in laws)
II. Scenarios – from legal principles to practice
III. Policies and Procedures (Institutional/DSS)
• Comprehensive list
• Templates for developing you own policies/procedures
• Troubleshooting
• Group Activity – "Can I Borrow That One?"
IV. The Unique Role of Open Enrollment Institutions… and Service Providers!

Day #2 Homework Assignment:
Defining the role of your office on campus, who you serve, and how services are organized

Day 3
I. Review homework: Where do you fit on campus?
II. The Documentation Dilemma
• What do you need?
• What do you want?
• What can your students get?
• Where does that leave you?
• Group Activity – "If It Looks Like a Duck, Can I Call It a Duck?"
III. Special Topic: Placement Testing, Developmental Reading/Math, and Students with Disabilities
IV. Special Topic: Transition Issues
• Outreach/re-teach: K-12 to higher education
• Outreach to older, returning adults with disabilities – a different generation/a different breed!

Day 4
I. Technical Standards
• When you DO/DON'T need them
• Common mistakes and how to spot them
• Common mistakes and how to FIX them

• Group Activity – "But We've ALWAYS Done It This Way…"
II. Clean Up – What's Left, What's Next?

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