Policy & Procedures Relative to Students with Disabilities
Section I: Policy on Nondiscrimination
North Shore Community College, is a public, open admission, comprehensive institution. The College affirms the principles of equal access and academic accommodations for students with disabilities as stated in Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act (ADAAA) of 2008. The College strives to maintain and extend its barrier-free environment; the College practices non-discrimination in its academic and non-academic components; the College seeks to ensure that a student's level of achievement will be measured in ways that assess learning and minimize the interference of disability-related factors.
Section II: Definitions of Students with Disabilities and Academic Accommodations
To qualify as a student with a disability, the student must meet the following eligibility criteria outlined under Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) 1990 and the ADA Amendments Act (ADAAA) of 2008.
· Have a physical or mental impairment that substantially limits one or more major life functions;
· Or have a record of such impairment;
· Or are regarded as having such impairment;
· And, are deemed to be otherwise qualified despite the disability.
Accommodations are academic adjustments that do not compromise the academic standards of the student’s course or program and are reasonable in light of the public nature of the community college setting. Accommodations allow students with disabilities to receive:
· Opportunities to participate in and meet the stated essential requirements of courses and programs for which they are otherwise qualified.
· Evaluations that measure their levels of achievement of those essential requirements and that are not negatively impacted by disability-related factors.
Section III: Procedure for Establishing Eligibility for Accommodations
Students seeking support services and/or accommodations on the basis of a disability are required to verify eligibility in accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) 1990 and the ADA Amendments Act (ADAAA) of 2008.
Student's Responsibilities:
1. A student must self-identify by following the published procedure to request services. In order to meet the student’s educational and academic needs, Accessibility Services asks the student to complete and return the requested documents at least 4 to 6 weeks before the start of the semester that the student expects to receive services.
Please visit Accessibility Services for more details about disability documentation. All documentation is confidential. Documentation should be submitted as published at least four weeks before the start of the semester that the student expects to receive Accessibility Services.
2. When Accessibility Services receives the request for services with the appropriate documentation, Accessibility Services will contact the student for an Intake Interview. The student will collaborate with the Accessibility Services Counselor to determine reasonable accommodations, adjustments, auxiliary aids, and services which will then be reviewed by the Disability Team.
Section IV: Procedure for Implementing Accommodations for Students with Disabilities
The entire NSCC community is responsible for implementing the spirit and requirements of Section 504 of the Rehabilitation Act of 1973, as published in the May 4, 1977 Federal Register, p.22684: the Americans with Disabilities Act (ADA) 1990 and the ADA Amendments Act (ADAAA) of 2008.
No qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any...post-secondary education program or activity. [84.43(a)]
(An institution)...shall make such modifications to its academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified handicapped applicant or student...Modifications may include changes in the length of time permitted for the completion of degree requirements, substitutions of specific courses required for the completion of degree requirements, and the adaptation of the manner in which specific courses are conducted. [84.44(a)]
Accessibility Services is the central office responsible for coordinating services and academic accommodations. The Accessibility Services Team reviews the student’s current and appropriate documentation and approves, defers, or denies the requested academic accommodation(s) with full attention to the student’s disability needs, the course standards, and program integrity. With regard to learning disabilities, no accommodations will be recommended unless the documentation clearly states that a learning disability exists. Terminology such as "learning difference ''or "learning problem" does not constitute a learning disability.
Once a student is approved for accommodations, the student will need to activate those accommodations with the Accessibility Services office at the beginning of each semester or soon after formal approval so that the accommodations can be implemented in a timely manner. Upon activation, instructors are sent their Faculty Notice of Academic Accommodations by Accessibility Services via Adobe Sign.
Faculty members are responsible for conducting classes and developing examinations and procedures for evaluating students' academic achievement as outlined in the "
Agreement between the Massachusetts Higher Education Coordinating Council for the Massachusetts Community Colleges and the Massachusetts Community College Council/Massachusetts Teachers Association." In accordance with this agreement, faculty must follow federal regulations which require that methods of evaluation measure the student's achievement in the course rather than reflecting the student's impaired sensory, physical, or speaking skills (except where such skills are the factors the test purports to measure). The right to academic freedom does not supersede the student's right to accommodations. The types of accommodations vary and depend upon the type of disability and course content. A student may benefit from an oral exam in one area but not in another. The record of past success with accommodations is the best predictor. There may be an initial trial-and-error period as the faculty member, student, an Accessibility Counselor work as a team to continuously improve the manner in which to evaluate the student's mastery of course material.
If an accommodation includes extended time for testing, the student should take the exam in the Center for Alternative Studies (CAS), as it is the designated testing site.
Section V: Responsibilities for Ensuring Legal Compliance
President: The President is the senior administrative officer who is responsible for campus policies and services affecting students with disabilities. With the advice of the NSCC AAPB, the President ensures that these policies are educationally sound and responsive to students with disabilities.
Deans: The administrative heads of the divisions are responsible for ensuring that the instructional staff of their units understand NSCC’s full commitment to implementing federal law and College policy assuring nondiscrimination of students on the basis of disability. If an instructor requests a review of an approved accommodation or fails to provide an accommodation approved by Accessibility Services, the instructor's Division Dean, in consultation with the Provost and the Campus 504 Coordinator, are responsible for ensuring that the
accommodation is provided in a timely manner until the matter has been reviewed by the appropriate parties and a final decision reached by the President.
Campus 504 Coordinator: The Campus 504 Coordinator serves as a resource to NSCC faculty, administration, and staff in meeting their obligation to provide appropriate academic accommodations to students with disabilities. The Campus 504 Coordinator provides advice about the requirements of federal law and NSCC policy and works to resolve informally any disagreement about accommodations for students with disabilities. The Campus 504 Coordinator also serves as a member of the NSCC AAPB and has responsibility, in consultation with the College's legal advisor, to ensure that the policies and procedures comply with federal, state, and NSCC requirements. The Campus 504 Coordinator also serves as a resource to students who feel they are not receiving appropriate accommodations or that they are being treated in a discriminatory manner.
NSCC Academic Accommodations Policy Board:
The NSCC AAPB has three primary functions:
To advise the President about policies and procedures related to the provision of academic accommodations for students with disabilities;
To develop methods to increase faculty understanding of disabilities and accommodations in an academic setting;
To assist the President in resolving any disagreements that might arise concerning particular accommodations.
The NSCC AAPB is composed of the following college members:
The Board consists of a faculty member, The Executive Director of Wellness and Accessibility, the Assistant Director of Accessibility Services and the 504 Coordinator.
The Faculty Member is knowledgeable in the area of learning and disabilities and is appointed by the Provost. Any faculty board member who requests a review of an accommodation will not participate in the Board's review of that accommodation but will be replaced by another faculty appointed by the Provost.
The Professional Staff Member is knowledgeable in working with students with disabilities on campus.
The Executive Director of Wellness and Accessibility Services is a permanent member and is most knowledgeable of the laws that govern higher education disability compliance. The Executive Director has the responsibility to ensure that the policies and procedures developed comply with federal and state requirements.
The Campus 504 Coordinator is a permanent member and has the responsibility to ensure that the policies and procedures developed comply with federal and state requirements.
Section VI: Procedure for Resolving Disagreements over Accommodations for Students with Disabilities
If an instructor has questions about or disagrees with an accommodation that the Disability Team has determined is appropriate for a particular student with disabilities, the instructor should immediately contact Accessibility Services. If the instructor still disagrees with the accommodation after consultation with the Accessibility Services, the instructor may request a review of the accommodation by contacting the Campus 504 Coordinator within five days after receiving notification of the accommodation. This appeal to the Campus 504 Coordinator should include a written description of the proposed accommodation and his or her specific disagreement with the appropriateness of the accommodation.
If the instructor does not provide the accommodation, the Provost and the Executive Director of Wellness and Accessibility Services are jointly responsible for ensuring that the accommodation is provided in a timely manner and that appropriate administrative sanctions are pursued in accordance with established policy and procedures.
After consultation with the Provost, the Section 504 Coordinator will respond in writing to the instructor's appeal within five days of receiving it. This decision of the Section 504 Coordinator can be appealed to the AAPB which advises the President who makes the final decision.
Section VII: Procedure for Resolving Appeals by Students
If a student has questions about or disagrees with the Disability Team’s decision about accommodations, the student should immediately contact his or her Accessibility Counselor to discuss the matter. If, after this consultation, the student still disagrees with the Team’s decision, he or she may appeal to NSCC’s Campus 504 Coordinator who will assist the student through informal or formal steps as prescribed by the Affirmative Action Grievance Procedure available in the Human Resources Office.