District Board ADA Policy

The Board of Trustees upholds that, for persons with disabilities, improving the access to educational employment opportunities must be a priority. The Board of Trustees directs the administration to take the necessary actions to implement the requirement of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The Foothill-De Anza Community College District shall not discriminate against a qualified individual with a disability because of the disability with regard to employment or with regard to the provision of District programs, service and activities.

A person who is otherwise qualified may request accommodation related to his/her disability, provided that the accommodation does not impose an undue hardship on the District. The procedures for requesting an accommodation are maintained in the President's Office and the office of the ADA Coordinator at each campus and in the District Office.

• ADA District Coordinator
  Greg Parman, Director of Human Resources
  (650) 949-6109
• De Anza Campus Coordinator
  Steven Sellitti, Dean,
  Special Education & Applied Technologies
  (408) 864-8923

Academic Senate Policies

Senate Policy Statement on Taping Classroom Lectures

Pursuant to a review of both the intent and letter of Title V regulations, it is the position of the De Anza College Faculty Academic Senate that the determination of the allowability of taping classroom lectures must remain with the individual classroom instructor on a lecture-by-lecture basis. The sole exception to this is the right to tape granted to physically limited and learning disabled students by State of California statute. It is suggested that each instructor include his or her general policy on each Course Information Sheet. The De Anza Student Body has taken a position pursuing the notion that all students should have the right to tape and does not find the con statements compelling.

Approved by the De Anza College Faculty Academic Senate on April 13, 1987.

Senate Policy on Course Substitution

Overview

De Anza College intends all of its graduates to master the competencies required by Title V of the California Education Code and to complete the courses required for graduation. The college recognizes that most disabilities that preclude a student from completing a course can be overcome by altering the method of course delivery and providing a combination of appropriate accommodations. Therefore, for most students with documented disabilities, the first level of accommodation will involve an attempt to complete the course with extra help or altered means of delivery.

For some students with a disability, accommodations and alterations of course delivery will not be enough to enable the student to complete the course. If a student with a disability has discovered that the first level of accommodation is insufficient to enable him/her to complete the course, or if a student's disability is of such magnitude that any attempt at completing the course would be futile, that student may submit a petition for course substitution or, as a last resort, course waiver. The decision to make a course substitution or waiver will be made on a case-by-case basis by a DSPS counselor and the instructor who teaches the course to be substituted, in conjunction with the Department Head and the Division Dean.

Any course substitution or waiver granted by De Anza College is for the purpose of De Anza College's requirements only, and may not be recognized by a subsequent educational institution and/or licensing board.

Conditions of Course Substitution/Waiver Petition

The following conditions must exist before an application to the Academic Council for a substitution or waiver can be made:

• The student must have a letter from an appropriate DSPS specialist providing a history of the student's effort and certifying that the student's disability interferes with the successful completion of the course in question. This letter will serve as an application and be a precursor to an Academic Council petition.
• The student must have a fully-documented disability whose educational limitations significantly affect his/her ability to master a specific course.
• The student must have a documented history of past academic success with at least a 2.0 grade point average, indicating the ability to successfully complete courses in general education and courses in his/her certificate or major.
• The student must have documentation that all known and available accommodations had been examined and/or utilized in an attempt to pass the course.
• The student might generally be granted only one disability related waiver/substitution per major. However, on a case-by-case basis, additional waivers/substitutions can be requested.

Administrative Procedures

The student with a documented disability seeking accommodations in completing a course or in meeting a proficiency requirement shall request assistance from the appropriate DSPS specialist.

The DSPS specialist will assess and document the extent of the disability and its educational limita-tions, and shall recommend appropriate accommodation or alternative versions of the course in question. The case will be brought before a subcommittee of the Academic Senate if the specialist concludes that the severity of the disability warrants course substitution or waiver (or if the student believes his/her situation warrants this, but the specialist does not).

The Academic Council shall act and may request that one or more of the following act as consultants:

• A Division Dean for the concerned academic area.
• A contract instructor (preferably one who teaches the course in question) from the concerned academic area.
• The De Anza College DSPS specialist involved in the case.
• De Anza College's Articulation officer, as needed for information.
• De Anza College's Registrar, as needed for information.
• A representative from the Academic Council, preferably from the concerned academic area.
• The ADA/504 officer.
• An advocate of the student's choice, if desired by the student.

The Academic Council shall hear cases if the student has made a good faith effort to complete the course and has made use of all accommodations recommended. Or, the student, the DSPS specialist, and, if available, the instructor of the last course attempted, agree that even beginning the course with accommodation is futile due to the severity of the disability.

In making any decision, the Academic Council must make the following determinations:

• The course in question is not essential to the student's individual course of study. If it is considered essential to the course of study, a substitution or waiver will be denied to protect the integrity of the program as well as the student's best interests in pursuing that program.
• If the course is supportive to the course of study, the committee will seek an appropriate course substitution. If no appropriate course substitution can be found due to the severity of the limitations of the disability, a waiver may be granted. It is anticipated that the committee will in most cases be able to recommend a substitution.
• If the student has failed the class despite accommodations, the grade will be administratively handled on his/her official transcript. There will be an indication that there was an officially ap-proved substitution for that grade. Explanations to Licensing Boards also will be provided.

The Academic Council's decision will be determined by a simple majority vote. The decision will be forwarded to the student within two weeks of receiving the original written petition.

Petition Appeals

If the student is dissatisfied with the Academic Council's decision, he/she may appeal in the following order:

1. President of De Anza College or designee.
2. District ADA Officer.
3. Foothill-De Anza Board of Trustees.

As each of the above groups receives a written notice of appeal, it should respond in a timely manner. The appeal should be addressed at the next meeting of their respective groups or as promptly as possible.

Approved by the De Anza College Faculty Academic Senate on June 13, 1994.