Frequently Asked Questions: Working with Students with Disabilities
** Our office is presently undergoing a transition, which may impact existing procedure going forward. While we will make every effort to keep you informed, please be advised that all procedures and information on this website are subject to change.
General Information
What are reasonable accommodations?
Accommodations are adjustments or modifications provided to qualified students with disabilities who meet the requirements to attend college to ensure equal access to educational opportunities. These changes are not meant to lower academic standards but to remove barriers that hinder learning or participation under the ADA. Reasonable accommodations are not personal services, nor do they override any existing safety and health policies. They also do not ensure students’ success but rather ensure equal opportunities for all students through nondiscriminatory policies. Success at college is the responsibility of the student.
Who determines accommodations for students?
Accommodations are determined by the student’s assigned counselor at the Office of Special Services (SPSV) based on thorough documentation of the student’s disability and their specific needs. Professors are not responsible for and should not be deciding what accommodations are suitable for the students but are required to assist the office in implementing them as outlined by the office.
If any issues arise regarding accommodations, who should I contact?
If any issues arise regarding accommodations, the matter should first be addressed with the staff at SPSV. Should an instructor create challenges in implementing accommodations, the student is advised to promptly consult their counselor or the appropriate SPSV staff for intervention.
In cases where an instructor has concerns about a specific accommodation, these concerns should be directed to the student’s counselor, not the student. Only the counselor is authorized to review and approve accommodations. It is inappropriate for students and instructors to independently negotiate or modify accommodations without the involvement of the counselor. Both instructors and students are expected to adhere strictly to the accommodations outlined in the official introduction letter unless the student’s counselor has provided formal approval for any changes.
Do I have to use Accommodate for accommodation services?
The decision to transition to a centralized system called Accommodate was not made by the disability office at Queens College but was mandated by the Disability Services Office at CUNY Central. This transition is not a suggestion, but a requirement established by CUNY Central. Our office is committed to supporting you during this transition, so please do not hesitate to reach out if you require assistance.
How does confidentiality work in college?
All college students, regardless of age, are subject to the Americans with Disabilities Act (ADA) and the Family Educational Rights and Privacy Act (FERPA). FERPA, also known as the Buckley Amendment, grants students specific rights concerning their educational records. These rights include and are not limited to:
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- The ability to access their educational records maintained by the institution.
- The right to request amendments to their records.
- The requirement of written consent for the disclosure of their records.
- The ability to limit the disclosure of certain “directory information.”
- The right to file a complaint if they believe a violation of FERPA has occurred.
** Written disclosure from students is not required in certain circumstances, such as when information is requested pursuant to a judicial order or a lawfully issued subpoena.
Records protected under FERPA include, but are not limited to, personal information, enrollment records, grades, schedules, advising notes, financial aid reports, and other forms of educational records such as documents, appointment logs, and location data. The office will make every effort to maintain the confidentiality of all documents.
Faculty and staff may share student information with one another for legitimate educational purposes; however, they must ensure that such information is not improperly disclosed. This includes information about a student’s disability, which cannot be shared with external parties, such as parents or guardians, without the student’s signed written consent. Faculty and staff should also avoid discussing, uploading, or reviewing any student’s educational records in public settings to maintain confidentiality.
What are the rights of the Office of Special Services?
- The Office of Special Services has the right to request and review appropriate documentation that substantiates the need for reasonable accommodations, academic adjustments, and/or auxiliary aids and services, provided these are not classified as personal services due to the student’s substantially limiting impairment.
- The Office has the right to right to deny a request for reasonable accommodations, academic adjustments, and/or auxiliary aids and services under the following circumstances:
- The documentation provided does not sufficiently support the request.
- The student fails to provide the necessary and appropriate documentation.
- The requested accommodation would result in a fundamentally altered essential nature of the course, impose an undue administrative financial burden, or lower the academic standards and integrity of the course.
- The Office has the right to select from among equally effective accommodations, academic adjustments, and/or auxiliary aids and services to meet the needs of the student.
- The Office has the right to set procedures and policy in place for services to be utilized.
What are the responsibilities of the Office of Special Services?
The Office of Special Services is committed to supporting students with disabilities by fulfilling the following responsibilities:
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- Ensure that information and materials are made available to students with disabilities in accessible formats upon request.
- Guarantee that courses, programs, services, activities, and facilities are accessible and usable in the most integrated and appropriate settings.
- Review and assess requests for accommodations to determine eligibility for services and identify appropriate accommodations.
- Provide or coordinate reasonable accommodations, academic adjustments, and auxiliary aids or services to support students in achieving academic success.
- Maintain the confidentiality of records and communications, except as permitted by law or when the student authorizes the release of information.
- Serve as an intermediary between students and faculty to ensure effective communication and implementation of accommodations.
- Act as a resource on disability-related matters for the Queens College campus community, fostering awareness and understanding of disability issues.
Students & Parents
Students
What are my rights as a student with disabilities at Queens College?
Students with disabilities at Queens College have the right to have:
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- Equal access to courses, programs, services, and activities offered by the college.
- Equal opportunities to learn and receive accommodations, academic adjustments, and services that are deemed “reasonable,” meaning they do not alter the essential nature of the task and do not impose an “undue administrative or financial burden.” Reasonable accommodations are also not personal services, nor do they override any existing safety and health policies.
- The right to choose whether to disclose their disability and/or request accommodations. To request accommodations, students must disclose their disability to the appropriate office which is the Office of Special Services.
- Access to all other rights and privileges available to students at Queens College.
What are my responsibilities as a student with disabilities at Queens College?
Students with disabilities at Queens College are responsible for the following:
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- Meeting qualifications and maintaining essential institutional standards and academic integrity for courses, programs, and activities.
- Providing appropriate documentation from qualified medical or mental health professionals that outlines how their disability limits participation in courses, programs, services, and activities. This documentation must be submitted to the Office of Special Services.
- Following and adhering to the procedures established by the Office of Special Services to obtain accommodations, academic adjustments, and/or other services.
- Arranging for and providing their own personal aides to assist with activities such as bathing, dressing, personal care, navigating the campus, or after-class studies.
- Properly maintaining any assistive technology or equipment provided by the office and returning such equipment to the office in good condition.
- Students are responsible for monitoring their own behavior to meet the standards of the college. Having a disability does not exempt a student from adhering to the institution’s expectations for respectful, non-disruptive, and safe conduct.
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Parents & Guardians
When my child was in high school, I was actively involved in monitoring and advocating for my child’s disability-related needs. Can I continue doing this in college?
Under the Family Educational Rights and Privacy Act (FERPA), the ownership of all educational records, regardless of the student’s age, belongs exclusively to the student when the student enrolled in a post-secondary institution. This means that students, not their parents or guardians, have the right to access and control their educational records. However, students may provide and revoke written consent to allow their parents or guardians to speak with staff and faculty and to access their educational records. It is important to note that when engaging in conversations with staff or faculty, the student must be present.
My child gave me consent to speak to staff at the Office of Special Services, so can I also make requests regarding my child’s accommodations?
Granting consent to parents or guardians to discuss a student’s educational records does not authorize them to make arrangements or requests on behalf of the student. Only students are permitted to make formal requests, and staff will act solely based on the student’s directives. Parents or guardians may share insights regarding strategies or resources that have supported their child in the educational setting, but any action taken by staff will require a direct request from the student.
Can I attend and provide assistance in the classes my child is in?
The decision to allow a parent or guardian to attend class rests entirely with the course instructor. If a student requires assistance in the form of an aid or other support in the classroom, they should notify their counselor to discuss and determine appropriate accommodations.
Faculty
What are my rights as an instructor?
As an instructor, you are entitled to certain rights while ensuring both compliance with legal requirements and the maintenance of academic standards. These include:
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- Upholding Academic Standards
- Instructors retain the authority to establish and maintain the academic standards and integrity of your courses and programs, ensuring they align with institutional and disciplinary expectations.
- Upholding Standards for Student Conduct
- Instructors should address disruptive behavior for all students to the same degree. Instructors should understand that while they are required to provide reasonable accommodations to students with disabilities, they are not required to tolerate behavior that is substantially disruptive to their ability to teach and to other students’ ability to learn. Therefore, students with disabilities should be held to the same code of conduct as all other members of the campus community and are not immune from disciplinary action.
- Providing Approved Accommodations Independently
- It is the instructor’s responsibility to ensure that approved accommodations are provided appropriately, whether the accommodations are provided through SPSV or the instructor.
- Requesting Support and Resources
- Instructors have the right to request assistance, training, or additional resources from the SPSV to facilitate the implementation of accommodations.
- Upholding Academic Standards
By exercising these rights, instructors can foster an equitable learning environment while maintaining the integrity of their academic programs.
What are my responsibilities as an instructor?
As an instructor, you are entitled to certain responsibilities to ensure both compliance with legal requirements and the maintenance of academic standards. These include:
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- Foster an Accessible Learning Environment
- Promote inclusivity for all learners by incorporating principles of Universal Design for Learning (UDL). Ensure that course materials are accessible, such as providing captioned videos and documents that are in versions that are compatible with screen readers. For assistance in modifying digital content to meet accessibility standards, consult with the Office of Special Services.
- Reviewing and Implementing Approved Accommodations
- Accommodations outlined in a student’s introduction letter must be reviewed and appropriately implemented in your course.
- Collaborate with Students and Staff
- Work with students who have self-identified and are registered with the Office of Special Services, as well as the staff, to facilitate the provision of reasonable accommodations.
- Maintaining Confidentiality
- The confidentiality of the student’s disability and the details of their accommodations must be upheld at all times.
- Address Accommodation Concerns
- Raise any concerns or questions about the implementation of reasonable accommodations directly with the staff in the Office of Special Services, rather than addressing them with the student, to ensure compliance with policies and the provision of equitable support. Instructors are obligated to adhere strictly to the written accommodations approved by the Office of Special Services. They do not have the authority to refuse, modify, or independently create accommodations based on their personal assessment of the student’s needs.
- Include a Syllabus Statement
- Incorporate a statement in your syllabus encouraging students with qualifying disabilities to contact the Office of Special Services if they wish to utilize accommodations.
- Foster an Accessible Learning Environment
By exercising these responsibilities, instructors can foster an equitable learning environment while maintaining the integrity of their academic programs.
What statement should I write regarding students with disabilities on my syllabus?
We strongly encourage all instructors to include the following statement in their syllabi. However, instructors are welcome to craft their own version, provided it conveys the essential information necessary for students to contact our office.
“The Office of Special Services (SPSV) is committed to supporting students with qualifying disabilities under the Americans with Disabilities Act (ADA) by providing reasonable accommodations to ensure equal access. If you have previously received accommodations due to a disability, believe you may have a disability, or have a temporary disability, please visit the office’s website for further information on the assistance they can offer you. Accommodations are not retroactive, so you are encouraged to get registered sooner rather than later. You may also contact their office at qc.spsv@qc.cuny.edu or call 718-997-5870 during office hours for assistance as well.”
Can I ask students about their disability?
No. You should not ask students to disclose their disability even if it is visible. Focus on implementing the accommodations outlined in their introduction letter. Students will provide an official introduction letter from SPSV through Accommodate. They are encouraged to share this early in the semester, but they can do so at any time before a service is utilized.
What should I do if a student requests an accommodation not listed in their letter?
Direct the student to the Office of Special Services for assistance. Do not provide unapproved accommodations or make modifications to the course on your own.
What if I notice a student struggling but they haven’t requested accommodations?
This is a sensitive topic, and instructors should exercise caution when addressing it. A student’s academic difficulties do not necessarily indicate that they qualify for accommodations under the ADA. If a student is struggling and requests assistance to improve their grade, it is important to first inquire about the reasons for their difficulties. Should the student mention the possibility of a disability, simply refer to the syllabus for guidance on how to contact our office for potential support. Instructors are not to pressure students to register with our office or enforce accommodations on their own, as it is the student’s right to disclose their disability and receive accommodations through our office. Do not make assumptions or provide accommodations without formal documentation from our office.
For this reason, we strongly encourage instructors to emphasize the importance of contacting our office when reviewing the syllabus on the first day of class. This ensures that students are aware of the resources available to them, even if they are unsure whether they qualify for accommodations under the ADA. It is essential to emphasize that instructors should not assume or determine that a student has a disability unless the student voluntarily discloses their need for accommodations due to their disability.
What if a student is doing poorly in class?
It is important to clarify that students with disabilities are not legally entitled to pass a course solely on the basis of their disability. The protections provided under the law are intended to ensure equal access to educational opportunities, not to guarantee academic success. The responsibility for a student’s success ultimately lies with the student and instructors are responsible for maintaining academic standards.
As long as instructors have made it clear at the start of the semester that students with disabilities must contact our office and fully complied with the approved accommodations, it is legally justifiable to assign a failing grade to a student who does not meet the required academic standards to pass. Additionally, if an instructor has informed and encouraged a student to register for accommodations throughout the semester, and the student fails to do so or delays registration in a manner that negatively impacts their academic performance, the decision to assign a failing grade remains legally justifiable, provided that academic standards are not met to be assigned a passing grade. It is important to note that instructors are not obligated to provide retroactive accommodations as well.
What if I cannot provide an accommodation as described?
Contact the Office of Special Services immediately to find a solution. The office can assist in ensuring compliance with accommodation requirements.
What if I believe an accommodation fundamentally alters the essential nature of the course, impose an undue administrative financial burden, or lowers the academic standards and integrity of the course?
If you believe an accommodation poses an issue for the course, contact the SPSV to discuss alternative solutions. Accommodations are approved on a case by case, so accommodations appropriate for one course may not be appropriate for another. Do not refuse or change accommodations without consulting SPSV. It is inappropriate for instructors to modify or disregard the student’s accommodation on the introduction letter to make their own arrangements with the student.
Accommodations that are deemed “reasonable” are not required to fundamentally alter the essential nature of the course or impose an undue administrative or financial burden. Additionally, the academic standards and integrity of all courses must be preserved for accommodations to be deemed reasonable. Therefore, if the instructor feels an accommodation approved for the student is not suitable for the course, instructors should consult the student’s counselor first before taking any action.
How do I handle extended time or alternative testing locations?
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What are the rules and procedures for students who are allowed to use technology such as laptops and iPad for class?
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What are the rules and procedures for students who are allowed to use a recording device for class?
Under Section 504 of the Rehabilitation Act, tape recorders are an approved accommodation for students who are unable to fully participate in class due to their disabilities. Students who are eligible to use a recorder will be provided with a recording device by our office. It is important to note that materials presented in class are protected under federal and international copyright laws. As such, students will be required to sign a consent form acknowledging that they may not distribute any recordings, and any unauthorized distribution may result in disciplinary action. Additionally, all recording will be deleted at the conclusion of the semester.
In situations where in-class discussions involve personal or sensitive information, it may be appropriate to request that the student refrain from recording. If notes are needed during these discussions, instructors should arrange for a classmate to provide notes to the student while the recording is temporarily paused. Please contact the student’s counselor if there are any questions or concerns regarding this accommodation.
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