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Section 504

As an online instructor how would you assess if the rights of a student with disabilities were being violated?

Hello Ms. Shaffer and Colleagues, :-)

As has been pointed out in this forum, it's important for instructors to know the laws regarding students with disabilities. After that, you would need to know the services that are being provided to these students. I've found that instructors are not allowed to ask students if they have a disability, but are to refer them to the school's office of disabilities if they suspect a disability.

Student rosters usually have some sort of graphic indications as to students with disabilities. I've usually received email from the school's Office of Disabilities as to a student's accommodations. I would need to find out the type of disability to know if he/she was receiving the correct accommodations.

Sara Fine

First and foremost, I would learn the law (e.g., ADA). Then, I would ensure that my course was in compliance with the law. If I had violated the law in any way, I would correct my course accordingly. If the school was in reckless or in wanton disregard of the law, I would go through the chain of command. I would recognize, and point out to the administration, that the student as the right to sue the school in federal court for any violations of the law. Please understand that there may be compensatory and/or punitive damages (i.e., money damages) available to the student provided that the disabled student could prove harm by a preponderance of the evidence.

Donald L. Buresh

Brian,

So great that you have such a great office of disability services. They are great!

Renee Shaffer

Typically this situation happens to me in two settings. When a student contacts me stating that they have a disability, they are either self-identifying or they have already been approved by the Disabilities Office. If they are self-identifying, I refer them to the Disabilities Office first.

One I have verification from the Disabilities Office then I closely work with them to make sure that I am not violating any rights. This means firstly making sure they have the accommodations they are entitled too. Secondly, I make sure they have access to all resources they need in the format they need. I have to say the Disabilities Office is the key asset here- they are extremely knowledgeable about what to do!

Best,
Brian Stout

I have come across this as well; I work with instructors, though I am not an instructor myself. I think sometimes it is not a matter of instructors not wanting to help, but rather being unsure about how to proceed. Though it is a requirement for our students to notify us of any known need for accommodation and provide documentation to support this before classes begin, sometimes that does not happen. We still accommodate these students to the best of our ability, but that does throw a wrench in things when we are notified after the fact.

Thomas,
Your final comment is probably one of the most important ones. Good work!

Renee Shaffer

This is where its important to work with the office of disability services to make sure you are aware what are the accommodations a student is entitled too and if you are satisfying them. Should a student indicate they feel they are not being accommodated I would immediately inform the Office to resolve the issue.

And finally, and perhaps the most sensible is to just treat them with respect.

Willie ,
This is so true. This course has already awakened some instructors knowledge about the rules and regualtions about students with disabilities. Many have expressed surprise.

Renee Shaffer

I have actually had students email me to say that other instructors do not want to accommodate them. I think that with online instruction, what accommodation students with disabilities need should be expressly defined and all (instructors, administration, and students) should be aware of what these accommodation are. It might even be prudent, I believe, for instructors to have some kind of training, like this class, to help them become aware of these issues.

Dolores,
Dolores, these are very good questions. While there are some very good teaching materials that are not closed captioned, it is imperative for the instructor to include these only when they are accessible to everyone. Schools must find the resources to get them closed captioned or provide a transcript (some have hired students to transribe them) but it must be done if the video/film is to be used.

Renee Shaffer

Renee and all, I think that this is a particularly difficult question because the online instructor often has enough to do without causing "waves." I think that particularly in smaller schools that offer online classes providing equipment and personnel for such activities as closed captioning is very unlikely. Does this mean then that the instructor is limited to using only videos or films that are already closed captioned? While the producers of videos and films are making some headway into including this with the original distribution, there are many useful videos and films that might have to be eliminated as teaching materials. Some companies will provide a transcript of a video or film but this takes take to process the request. As an online instructor, if I have a film or video that I think is especially worthwhile, then I may need to contact the distribution company well ahead of the beginning of the course to obtain a transcript.

Dolores

Parrish,
It is incredibly important for all instructors to have a close working relationship with their Office of Disability Services!

Renee Shaffer

As an online instructor, I would take the following steps to assess if the rights of a student with disabilities were being violated: 1) I would document all pertinent information, 2) ensure I was doing my part to the fullest as an online instructor to ensure the student was not being discriminated against, and then 3) share my findings with the Office of Disability Services to see if there is anything more we could be doing for the student in question.

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