Association on Higher Education and Disability July 14, 2011

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]

mailto:[email protected]

mailto:[email protected]

2

Session Objectives

Banerjee & Brinckerhoff, July 2011

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

3

Definition of Disability under the Americans with Disabilities Act (ADA)


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.

4

ADA ADA Amendments Act (ADA AA)


• 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.

5

ADA Enforcement


• 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.)

6

ADA Amendments Act, 2008 (ADA AA)


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

7

ADA Amendments Act, 2008 (ADA AA)


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”

Banerjee & Brinckerhoff, March 2011 8

Disability Documentation

9

Why documentation review is complicated?


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?

10Banerjee & Brinckerhoff, July 2011

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

11

Terminology for Documentation Review

Banerjee & Brinckerhoff, March 2011

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


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


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

14




“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

15




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?

16

ETS Documentation Review CriteriaEXAMPLE

Do not reproduce

17



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

18



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

19

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

20

Documentation Update (cont.)

21



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

22




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

23




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

24



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

25



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)

26



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”

27



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

28

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?


29

Mining Documentation for Evidence


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

30

Components in Accommodation Decision Making (Practitioner)

• Disability • Student

• Program• Faculty/

1. 2.

3.4.

Documentation Intake/Input

CourseExpectations

Requirements/Technical standards

Accommodations

Brinckerhoff & Banerjee, July 2011

Extended Time Accommodation

Banerjee & Brinckerhoff, July 2011 31

32


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


33



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


34



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


Note-Taker Accommodation


36


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


37

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


* This factor needs to be considered with a caveat; it often becomes a catch-all for all accommodation requests.

38


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


39


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)


Alternative Media Accommodation


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



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


43


Relevant Evidence Documentation Marker Extensions

Approaches to reading complex text

Alt media student intake

Owns some text-to-speech software

Tech demo


44

Clues for Documentation Review


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

45

Concluding Thoughts

Banerjee & Brinckerhoff, July2011

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

46

Audience Q and A


Documents

Association on Higher Education and Disability July 14, 2011