determining commonly requested accommodations: applying best practices to complex cases in decision-...
TRANSCRIPT
Determining Commonly Requested Accommodations: Applying Best
Practices to Complex Cases in Decision- Making
Association on Higher Education and DisabilityJuly 14, 2011
Manju Banerjee, Ph.D.Associate DirectorCenter for Students with DisabilitiesUniversity of [email protected]
Loring Brinckerhoff, Ph.D.Director Office of Disability PolicyEducational Testing [email protected]
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Session Objectives
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Disability documentation review in light of ADA Amendments Act (ADA AA)
Definitions, perspectives, and pragmatics - operational and psychometric terminology in accommodation decision-making
Mining disability documentation and applying best practices for evidence supporting request for: (1) extended time, (2) alternate media, and (3) note-takers
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Definition of Disability under the Americans with Disabilities Act (ADA)
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Statutory definition of “disability”:(A) a physical or mental impairment that substantially
limits one or more major life activities;(B) a record of such an impairment; (C) being regarded as having such an impairment.Source: http://www.ada.gov/pubs/adastatute08.htmUnder the ADA, a person must meet at least one of these three criteria to be an individual with a disability.
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ADA ADA Amendments Act (ADA AA)
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• The Americans with Disabilities Act was passed in 1990; it is a federal civil rights, non-discrimination statute.
• The ADA Amendments Act was signed into law on September 25, 2008 and became effective January 1, 2009
• The ADA AA regulations were passed end of March and became effective on May 24, 2011.
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ADA Enforcement
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• The Office of Civil Rights (OCR) enforces both Section 504 and Title II of ADA
• According to guidance provided by the U.S. Department of Education (2006), institutions are not required to provide a free appropriate public education (mandated for school age children) but rather provide appropriate academic adjustments or accommodations. – These accommodations though will be considered only upon request
and are intended to ensure equal educational opportunity. – Accommodations which lower or substantially change academic
requirements are not covered.
(Katsiyannis, A.; n.d.)
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ADA Amendments Act, 2008 (ADA AA)
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Provides an expanded definition of major life activities, and a non-exhaustive list of bodily functions
States that mitigating measures other than "ordinary eyeglasses or contact lenses" should not be considered in assessing whether an individual has a disability
Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity, when active
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ADA Amendments Act, 2008 (ADA AA)
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Proposes increased emphasis on precedence and past history of accommodations and less analysis of “disability status”
Directs EEOC to revise regulations defining the term "substantially limits”
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Why documentation review is complicated?
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Purpose of disability documentation between secondary and postsecondary institutions is different
(Banerjee & Shaw, 2007; Gormley, Hughes, Block, & Lendman, 2005; Gregg, 2007; Lendman, 2008)
Documentation provided often does not meet established guidelines; has missing or insufficient evidence (Banerjee & Madaus, 2011 submission)
Documentation provided is an IEP, 504 Plan, or Summary of Performance (SOP)
Why documentation review is complicated?
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Review process is varied across postsecondary institutions; although, the primary task of review is the same – i.e., to determine whether evidence provided supports the diagnosis and recommended accommodations (Lindstrom, 2007)
Documentation review is influenced by reviewer demographics (Madaus, Banerjee, & Hamblet, 2010)
Lack of research (confirmatory factor analysis) to determine underlying factors (processes/construct) for specific tasks (Gregg, 2007); left with “face validity” exercise in determining accommodations
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Terminology for Documentation Review
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Disability Impairment that “substantially limits” one or more major life activities. An impairment need not prevent or significantly or severely restrict performance of a major life activity to be “substantially limiting.” Disability “shall be construed in favor of broad coverage” and “should not require extensive analysis.” (NBME settlement, Feb 2011) An individual’s ability to perform a major life activity is compared to “most people in the general population,” often using a common-sense analysis without scientific or medical evidence. An impairment need not substantially limit more than one major life activity.http://www.eeoc.gov/laws/regulations/adaaa-summary.cfm
Disability construed in favor of broad coverage
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DOJ Court Settlement with NBME (Feb 2011) Yale medical student with dyslexia requested double
time and a separate room for medical exam
DOJ found NBME made “demands unnecessary or redundant, burdensome and expensive repeated professional evaluations or irrelevant testing unrelated to the ability to demonstrate one’s knowledge or skills”
Disability construed in favor of broad coverage
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Requirements put forth by DOJ to NBME: Must only request information about (a) existence of physical or
mental impairment; (b) where impairment substantially limits one or more major life activities within meaning of the ADA; and (c) whether and how impairment limits applicant’s ability to take USMLE under standard conditions.
Must carefully consider recommendations of qualified professionals
Must carefully consider all evidence indicating ability to read is substantially limited with the meaning of the ADA, including extent to which it is restricted as to the condition, manner or duration compared to the reading ability of most people
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Terminology for Documentation Review
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Disability Documentation
“Disability documentation is credible evidence that attests to the existence of an impairment that substantially limit one or more major life activities, the impact of the impairment on academic performance and related competencies, and recommendations for equal access and/or compensatory measures commonly referred to as accommodations.” (www.csd.uconn.edu)http://www.csd.uconn.edu/docs/Disability_Documentation_Fact_Sheet_.pdf
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Terminology for Documentation Review
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Disability Documentation
Implications under the ADA AA ADA AA does not specify type of documentation, but it cannot be burdensomeUniversities and colleges can set their own guidelines for disability documentation; they do not have to accept IEP or SOP as disability documentationPerspectives and PragmaticsIt is helpful to have established internal review criteria; regular staff training workshops for documentation review
ETS DOCUMENTATION REVIEW CRITERIA
Y N Lim N/A
1. Does the evaluator clearly indicate a disability that is covered under the ADA?
2. Is the documentation sufficient to support the claimed disability?
3. Is the evaluation current?
4. Does the evaluator appear to be qualified to make the diagnosis?
5. Does the documentation include relevant educational, developmental, and medical history?
6. Does the documentation include a list of tests administered with all subtests and scores?
7. Is there an explanation of how the documentation supports the need for each requested accommodation?
8. Is there a description of the functional limitations resulting from the disability?
9. Is there a detailed explanation of why no prior accommodations were given, but accommodations are needed now?
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ETS Documentation Review CriteriaEXAMPLE
Do not reproduce
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Terminology for Documentation Review
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DocumentationUpdate
“A documentation update is a report by a qualified professional that includes a summary of the original disability documentation findings, as well as, additional evaluation data necessary to establish the candidate’s current eligibility and the appropriateness of the requested testing accommodation(s).”http://www.ets.org/disabilities/documentation/ld_adhd_update
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Terminology for Documentation Review
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DocumentationUpdate
Summarizes the original disability documentation findings
Provides current information about the individual’s functional limitations
Supports the continuing need for accommodations in the present context
Documentation Update (cont)Psychoeducational Report Documentation Update
1) Conducted in order to establish or exclude the existence of a disability
1) Typically, conducted when documentation is dated (per established criteria) or has missing information
2) Seeks to confirm a diagnosis or diagnoses
2) Seeks to reaffirm the diagnosis or diagnoses
3) Identifies functional limitations associated with the disability
3) Verifies the current existence and continuing impact of the functional limitations
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Documentation Update (cont.)
Documentation Update (cont)Psychoeducational Report Documentation Update
4) Based on a “comprehensive” battery of psychometric tests
4) Based on selected sub-tests
5) Recommends accommodations that compensate for the functional limitations
5) Establishes history of accommodations
6) Recommends a generic list of accommodations
6) Recommends accommodations specific to the situation and establishes on going need
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Documentation Update (cont.)
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Terminology for Documentation Review
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Functional Limitation (FL)
Functional limitations are the result of or manifestations due to the disability. It affects the individual’s every day functioning and/or performance in a given situationhttp://professionals.collegeboard.com/testing/ssd/application/guide/limitations
By definition, limitation suggests a “gap” or impairment
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Terminology for Documentation Review
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Functional Limitation (FL)
The courts have recognized the DSM-IV as a reference to what constitutes a mental impairment. Not all conditions listed in the DSM-IV, however, are disabilities, or even mental impairments, for purposes of the ADA. Even if a condition presents as a functional limitation , it is not automatically a "disability." To rise to the level of a "disability," the FL must "substantially limit" one or more major life activities.http://www.eeoc.gov/policy/docs/psych.html
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Terminology for Documentation Review
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Functional Limitation (FL)
Implications under the ADA AA FL is educational terminology, not legal. FL operationalizes the phrase – mental or physical impairment and includes traits, behaviors, competencies, aptitudes ,abilities, and skills that can be linked to the impairment
Examples of FL include: Limitations in intellectual ability/cognitive functioning; executive functioning; information processing; memory, concentration and attention, social and/or affective abilities
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Terminology for Documentation Review
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Substantially Limiting
Significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity
Is inability to perform a major life activity that the average person in the general population can perform
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Terminology for Documentation Review
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Average Person Standard
The ADA defines "disability" as an impairment that substantially limits a major life activity. This limitation is supposed to be determined with reference not to one's innate abilities, but to the skills of the average American citizen. (Katsiyannis, A;n.d.)
However, literal application of the average person standard would mean that anyone with a college/graduate degree would not be protected under the ADA
Price v. NBME (1997)
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Terminology for Documentation Review
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Accommodations Adjustments/adaptations to postsecondary academic and non-academic experiences that seek to ensure equal access Determined on a case-by-case basis Not meant to lower academic or technical standards of program of study; may not change essential elements of the program Must be reasonable and not cause undue burden Attention should be paid to the student request; but must be based on “need” not “preference”
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Terminology for Documentation Review
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Psychometric Consideration
Norm sample and technical merits of the assessment battery Screening v. diagnostic measures Percentile and Standard Scores v. Age and Grade equivalents Absolute v. Relative discrepancy (intra and inter individual differences) Thresholds for average/above/below scores for individual tests Comparability across standardized test instruments
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Three Basic Steps in Documentation Review
1. • Is the disability covered under the ADA?
2.• Are the impairment(s)
substantially limiting to warrant disability status under the ADA?
3. • What are appropriate and reasonable accommodations?
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Mining Documentation for Evidence
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Objective Evidence
•Objective evidence is information that is independently verifiable. In other words, any qualified individual reviewing the evidence can independently interpret the information that is reported and arrive at the same conclusion.•Example: Standardized test and subtest scores
Authentic Evidence
•Authentic evidence is observed and/or field based information.•Reported evidence from actual or perceived experience•Example: Self-reported information, IEP/504 Plan report
Relevant Evidence
•Relevant evidence is information that has particular bearing or significance on the accommodations requested.•Example: A personal letter from student, accommodation letter from another institution, accommodations received on high stakes exams
Banerjee & Shaw, 2007
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Components in Accommodation Decision Making (Practitioner)
• Disability • Student
• Program• Faculty/
1. 2.
3.4.
Documentation Intake/Input
CourseExpectations
Requirements/Technical standards
Accommodations
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Extended Time Accommodation
Rationale for request: slow rate of reading; takes me time to understand something; have to read it multiple times; get anxious under time pressure
Objective Evidence Documentation MarkersFluency Measures WJ-III: Reading Fluency
WJ –III: Academic Fluency( O’fiesh, Mather, & Russell, 2005)
Cognitive Efficiency WJ-III: Cognitive Efficiency Cluster (expanded)- Working memory, Short-term Memory, Processing speed) (Gregg et.al 2005)
Rate NDRT – reading rate
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Extended Time Accommodation
Rationale for request: slow rate of reading; takes me time to understand something; have to read it multiple times; get anxious under time pressure
Authentic Evidence Documentation MarkersBackground history as reported in documentation
- Difficulty finishing tests and homework on time- Received x-time informally
IEP information - Took exams with x-time in resource room setting
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Extended Time Accommodation
Rationale for request: slow rate of reading; takes me time to understand something; have to read it multiple times; get anxious under time pressure
Relevant Evidence Documentation Markers ExtensionsEvidence of x-time accommodation on statewide and other high stakes tests
- Difficulty finishing tests and homework on time- Received x-time informally in grade school or another institution
Personal letter/Intake
-Student intake - Letter explaining need for x-time
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Note-Taker Accommodation
Rationale for request: Difficulty listening and writing simultaneously; illegible handwriting; can’t follow class lecture – gaps in notes; can’t write fast enough
Objective Evidence Documentation MarkersAuditory Processing WJ-III: Following Directions; Spelling of Sounds
WJ –III: Visual-Auditory Learning; Paced Auditory Serial Test (PASAT)
Distractibility andother conditions affecting attention (PTSD; ADHD, ASD)
Rating Scales for ADHD Conners’ Adult ADHD Rating Scale (CAARS) Tests of Attention and Memory Test of Variable Attention (TOVA); Wechsler Memory Scales; WAIS –III-Working Memory Index
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Note-Taker Accommodation (cont.)
Rationale for request: Difficulty listening and writing simultaneously; illegible handwriting; can’t follow class discussion – gaps in notes; can’t write fast enough
Objective Evidence Documentation MarkersProcessing speed* - WAIS-III – Processing Speed Index
- WJ-III – Processing Speed subtest
Visual attention/ Divided attention(executive functioning)
- Trail Making Test- Part A and B- Wisconsin Card Sorting Test
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* This factor needs to be considered with a caveat; it often becomes a catch-all for all accommodation requests.
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Note-Taker Accommodation
Rationale for request: Difficulty listening and writing simultaneously; illegible handwriting; can’t follow pace of class discussion – gaps in notes, can’t write fast enough
Authentic Evidence Documentation MarkersPrior use/ background history
- Use of note-taker accommodation noted in documentation (self reported)
Graphomotor skill - Poor handwriting; legibility, spelling (reported in documentation)
Use of technology for note-taking
- Has used audio (tape) recorder; portable word processor/laptop; Smartpen
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Note-Taker Accommodation
Rationale for request: Difficulty listening and writing simultaneously; illegible handwriting; can’t follow pace of class discussion – gaps in notes, can’t write fast enough
Relevant Evidence Documentation Marker ExtensionsContent knowledge? Note taking strategies?
- Note-taker IntakeDoes student have pre-requisite knowledge & readiness for course?- Sample of class notes
Instructional environment
- Format of delivery; opportunity for clarification; faculty expectations
Usage pattern - Record of use (note-taker data base)
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Alternate Media AccommodationRequest based on: slow reader; background history (Mom read to me in high school); get distracted while reading, have difficulty reading unfamiliar words ….
Objective Evidence Documentation MarkersDecoding WJ –III: Letter-Word Identification; Word Attack
WIAT: Decoding; WRAT – 4 (screening)
Reading Fluency/Rate WJ-III: Reading Fluency; Test of Word Reading Efficiency (TOWRE)
Reading Comprehension
WJ-III: Passage Comprehension, Reading Vocabulary WIAT: Reading ComprehensionNelson-Denny Reading Test (NDRT) SATA: Vocabulary & Reading Comprehension
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Alternate Media AccommodationRequest based on: slow reader; background history (Mom read to me in high school); get distracted while reading, have difficulty reading unfamiliar words ….
Authentic Evidence Documentation Markers
Educational and developmental history
Self report in documentation: - never/rarely reads for pleasure- limited vocabulary repertoire- reading difficulty from early grades- repeated re-reading without
understanding- reads slowly and hesitantly
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Alternate Media AccommodationRequest based on: slow reader; background history (Mom read to me in high school); get distracted while reading, have difficulty reading unfamiliar words ….
Relevant Evidence Documentation Marker Extensions
Approaches to reading complex text
Alt media student intake
Owns some text-to-speech software
Tech demo
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Clues for Documentation Review
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1. • Is there evidence from multiple sources?
2.• Is there a consistent pattern
of evidence over time (cross validation)?
3.• Is there past history of
accommodation? If not, is there an explanation.Adapted from Banerjee & Shaw, 2007
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Concluding Thoughts
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1.• Avoid simplistic defaults to
requested accommodations
2.• Consider accommodations on
a semester-by- semester basis; dynamic process
3.• Explain to students that
accommodations are not a guarantee for success
4.• Be aware that
accommodations cannot be retroactive