Faculty Guide

Introduction
Disability and the Law in Higher Education
FAQ: Academic Modifications
Disability Services
Physical Disabilities
Learning Disabilities
Visual Impairments
Hearing Impairments
Psychological Disabilities
Chronic Health Disorders and Hidden Disabilities
Temporary Disabilities
Attendance and Disability
Emergency Evacuation of People with Disabilities

Attendance and Disability

Students most likely to request modified attendance policies are those with health-related disabilities that flare up episodically. This might include students with lupus or fibromyalgia, sickle cell anemia, seizure disorders, cancer, migraines, and conditions requiring dialysis. Students with psychological disabilities who are experiencing an exacerbation of symptoms may also request modification of attendance policies.

Federal law requires colleges and universities to consider reasonable modification of attendance policies if required to accommodate a student’s disability. In making this determination, two questions must be answered:

• Does the student have a documented disability that directly affects his/her ability to attend class on a regular basis? Disability Services will make this determination based on a review of documentation from the student’s physician or psychologist and provide verification in a letter the student presents to the instructor.
• Is attendance an essential part of the class? Would modification of attendance policies result in a fundamental alteration of the curriculum? Faculty make this determination in consultation with Disability Services.

The Office of Civil Rights (OCR) has provided the following guidelines to assess if attendance is an essential part of a class:

• Is there classroom interaction between the instructor and students and among students?
• Do student contributions constitute a significant component of the learning process?
• Does the fundamental nature of the course rely on student participation as an essential method for learning?
• To what degree does a student’s failure to attend constitute a significant loss to the educational experience of other students in the class?
• What do the course description and syllabus say?
• Which method is used to calculate the final grade?
• What are the classroom practices and policies regarding attendance?

Disability Services recommends that students with a disability-related need for flexibility in attendance meet with their instructors to discuss the extent to which modification in attendance policies may be reasonable for a particular class. The student and instructor should have a clear understanding of what accommodation can be made for disability-related absences. In cases where attendance is an essential part of the class, a medical or mental health withdrawal may be considered a reasonable accommodation if absences become excessive.

Disability Services is available to consult with faculty on issues concerning disability and attendance. For more information, contact Lorraine Harrison, Travis Irby or Kim Arrendell at the main campus (458-4157) or Beverly Brown at the downtown campus (458-2945).