Academic Catalog 2022-2023 > Policies > Student Policy Guide > Americans with Disabilities Act

Americans with Disabilities Act

American with Disability Act (ADA) Services Policy and Procedures

The Americans with Disabilities Act of 1990 (as amended) and Section 504 of the Rehabilitation Act of 1973 (as amended) prohibits discrimination against any qualified person with a disability. In accordance with the Americans with Disabilities Act of 1990 and Section 504 Rehabilitation Act of 1973, Enterprise State Community College makes reasonable accommodations for documented physical and mental limitations of individuals with disabilities. No qualified person with a disability shall be subjected to discrimination because of their disability under any program or activity conducted or sponsored by the College. 

Students with disabilities are responsible for identifying themselves to the campus ADA Coordinator in order to assure timely provision of accommodations. Students are encouraged to register with the ADA Office and make requests for accommodations prior to the beginning of the term. Students must provide recent documentation of their disability from a qualified professional to determine eligibility for the program. 

To provide the best possible services to students, ESCC has designated an ADA Coordinator to coordinate accommodations for students with disabilities. For more information about physical access to buildings or grounds, academic accommodations, or other ADA related services, students should contact the ADA Coordinator.

ADA Coordinator Contact Information:

Dava Foster (ADA Compliance Officer)

Boll Weevil Central-Snuggs Hall

600 Plaza Drive, Enterprise, AL 36330

Phone: (334) 347-2623, ext. 2293

Fax: (334) 347-5569

Email: dfoster@escc.edu

For TDD users in Alabama, the Alabama Relay Center is available by calling 1-800-548-2546.

Statement of Non-Discrimination

No student shall be discriminated against on the basis of any impermissible criterion or characteristic including, but not limited to, race, color, national origin, religion, marital status, disability, gender, age or any other protected class as defined by federal and state law.

1. Qualification for Services

1.1 Any student seeking accommodations under ADA/504 will meet with the ADA Coordinator to discuss needs. The student may then complete an application for services and sign appropriate release forms. 

1.2 The student must provide documentation of a disability in accordance with the Criteria For Disability Documentation within ESCC (App. A).

1.3 The ADA Coordinator will determine whether the student is eligible for services and provide the student with a digital accommodation letter if eligible for the program. 

1.4 Applications for disability services for the current term will be accepted until the mid-term date designated “Last Day to Withdraw from the College Without Academic Penalty” as stated in the semester schedule of classes.

2. Reasonable Accommodations

2.1 The ADA Coordinator will determine reasonable and appropriate accommodations based upon documentation (submitted in accordance with 1.2 above).

2.2 The ADA Coordinator will provide a digital accommodation letter that includes all instructors, the student, and the ADA Coordinator in order to track the completion and collections of each party’s signature and instructor notes regarding specific accommodations (See App. B). Accommodation letters are provided only at the students request each semester. Letters are sent to the student and instructors via their ESCC email. After the development of the letter, the student is responsible for initiating a meeting with each  instructor to build a working relationship with them and to determine accommodations that are appropriate for each class. 

2.3 The student is responsible for discussing implementation of accommodations with faculty. Conflicts or disagreements should be referred to the ADA Coordinator.

2.4 The ADA Coordinator will insure and maintain confidentiality of all student disability related records and services as required by federal and state law.

3. Providing Services for Students With Disabilities

3.1 Services and reasonable accommodations are provided pursuant to Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. It is a goal of ESCC to ensure that students with disabilities have full access to programs, facilities, and activities.

3.2 All students must meet the same academic standards for admission established by the College. Faculty may be consulted to assist in determining which academic requirements are essential or fundamental to a major course of study. Such requirements will not be modified, nor will the standards by which a student is graded be altered. 

3.3 ESCC campuses strive to eliminate barriers to learning or participation in other institutional activities, and provide the following services for students:

● Screening of disability documentation
● Determination of appropriate accommodations
● Communication with faculty regarding student needs
● Referral to other available campus and/or community resource

3.4 Providing reasonable accommodations for students with disabilities requires an individual assessment of need. Specific accommodations depend upon the nature and requirements of a particular course or activity and the skills and functional abilities of the student. Appropriate accommodations may include, but are not limited to testing accommodations, extended time on exams/assignments, permission to tape lectures, readers/scribes/interpreters, enlarged print/graphics, textbooks/training materials in alternative formats, use of a class note taker and adaptive computer technology.

The college is not required to make modifications that would pose an undue financial burden or violate the student code of conduct.

4. Responsibilities

4.1 Students 

Unlike the K-12 system, in higher education it is the responsibility of the student to self-identify as being in need of accommodation. This means it is the student’s responsibility to make an application to be accepted as a student with a disability, provide documentation, cooperate with the ADA Coordinator to determine appropriate accommodations, deliver accommodation letters to the faculty, etc. In other words, students with disabilities in higher education (just as those without disabilities) are expected to take an active role in managing all aspects of their academic needs, adhere to academic policies and deadlines and follow codes of conduct.

4.2 Faculty

Faculty are not responsible for, nor should they become involved in, evaluating a student’s disability or reviewing documentation of claimed disabilities. Faculty who are presented with such requests should refer the student to the ADA Coordinator. The ADA Coordinator will evaluate the request in accordance with established policy (see App. A) and make appropriate determinations. If accommodations are merited, a student will present the faculty with an Accommodation Letter. The Accommodation Letter, signed by the ADA Coordinator, verifies that the student is registered as a student with a disability and entitled to the accommodations specified on the letter. Faculty are responsible for reviewing the information in the letter and discussing how the accommodation will be implemented in the course. Any questions or concerns about the information contained in the letter should be directed to the ADA Coordinator.

Faculty utilizing Distance Learning media are responsible for ensuring that students with disabilities have full access to distance learning course materials just as they are for students in the classroom. Examples include: ensuring fully accessible websites, use of captioned media, and/or providing written transcripts of video presentations. Since the possibilities in Distance Learning are endless, the means of providing accommodations must remain open to creativity. Each situation should be evaluated on a case-by-case basis, and accommodations made that are reasonable for each situation. Distance Learning faculty are responsible for contacting the ADA Coordinator with questions concerning the implementation of accommodations.

Reasonable accommodation in the classroom (traditional, virtual, or otherwise) is an individual civil right guaranteed by federal legislation (ADA and Section 504). Reasonable accommodations are not optional and must be provided. Faculty who refuse reasonable accommodations may be held personally liable for their actions. However, there may be options regarding provision of the accommodations. Most course or classroom accommodations are easily arranged and the ADA Coordinator stands ready to assist. When questions arise as to a specific accommodation, it is the responsibility of the faculty to contact the ADA Coordinator  to resolve the matter. Faculty should not offer accommodations without following proper procedures, as this could risk setting a precedent that may not be appropriate or maintainable by the college.

All faculty are responsible for including a link to the ADA policy in their course syllabus. 

5. ADA Grievance Procedure

5.1 Any student making an ADA complaint should meet with the party with whom he/she is in disagreement and attempt to discuss and clarify the problem.

5.2 If the problem cannot be resolved, the next step is for the complainant to discuss it with the ADA Coordinator. If the ADA Coordinator cannot provide information or suggestions that resolve issues involving disability rights issues, the party making the complaint should meet with the Dean of Students.

5.3 If the ADA Coordinator and the Dean of Students are unable to resolve the issue, the party making the complaint should submit a formal, written grievance to the President of the College.

5.4 A complaint must be filed not later than 60 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown.

5.5 Findings will be reported within 30 working days upon receipt of the formal complaint, if possible. A Letter of Findings will be provided to the parties involved via mail and student email.  

5.6 The right of an individual to a prompt and equitable resolution of a complaint filed under this Grievance Procedure shall not be impaired by his/her right to pursue other avenues of resolution such as filing an ADA complaint with an appropriate federal agency or department. If a satisfactory resolution is not achieved, complaints may be directed to the Regional Office for Civil Rights, U.S. Department of Education, Atlanta, GA 30301- 3104.

5.7 The College will maintain files and records of ADA complaints and reports of investigations for a minimum of five (5) years.

APPENDIX A

Criteria For Disability Documentation Based upon Guidelines from The Association on Higher Education and Disability (AHEAD)

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 state that qualified students with disabilities who meet the admission, academic or employment standards of ESCC are entitled to reasonable accommodations. Under these laws, a disability is defined as any physical or mental impairment that substantially limits a major life activity. Having a history of impairment, or being perceived as having impairment may also qualify one as an individual with a disability. It is the student’s responsibility to disclose his/her needs and provide appropriate documentation to the ADA Coordinator. Appropriate documentation is defined as follows:

Health Condition, Mobility, Hearing, Speech, or Visual Impairment - A letter or report from the treating physician, orthopedic specialist, audiologist, otologist, speech pathologist, ophthalmologist, optometrist (as appropriate) which includes:

1. Clearly stated diagnosis
2. Defined levels of current functioning and any limitations
3. Current treatment and medication
4. Current letter/report (within 1 year), dated and signed with necessary accommodations

Psychological Disorder - A letter or report from a mental health professional who is impartial and not related to the student/employee, i.e., psychiatrist, psychologist, neuropsychologist, licensed professional counselor, or clinical social worker which includes:

1. Clearly stated diagnosis based upon current DSM criteria
2. Defined levels of current functioning and any limitations
3. Assessment and evaluation instruments used, observations, history, etc.
4. Current treatment and medication
5. Current letter/report (within 1 year), dated and signed with necessary accommodations

Traumatic Brain Injury (TBI) - A comprehensive evaluation by a physician, neurologist, licensed clinical, rehabilitation or school psychologist, neuropsychologist, or psychiatrist which includes:

1. A clear statement of head injury or traumatic brain injury
2. Current impact on student’s/employee’s functioning and limitations
3. Cognitive and achievement measures used and evaluation results
4. Current residual symptoms and a statement regarding the student’s ability to meet the demands of a postsecondary academic or work environment
5. Current treatment and medication
6. Current letter/report (post-rehab within 1 year), dated and signed with necessary accommodations

Learning Disabilities (LD) - A comprehensive evaluation report written in narrative form by an impartial individual not related to the student, i.e., licensed psychologist, psychiatrist, learning disabilities specialist, licensed professional counselor, educational therapist or diagnostician, which includes:

1. Clearly stated diagnosis of a SPECIFIC learning disability in reading, math, or written language based upon current DSM criteria.
2. Educational/work history documenting the impact of the learning disability
3. Alternative explanations and diagnoses are ruled out
4. Relevant test data with standard scores provided to support conclusions of the measures of intellectual/cognitive/information processing abilities by at least one of the following instruments: (a) WAIS-II or III (b) Woodcock-Johnson Psychoeducational Battery-Revised (c) Stanford-Binet IV (d) Peabody Individual Achievement Test (e) Stanford Test of Academic Skills
5. Statement of the functional impact or limitations of the disability
6. Current report (within 3 years), dated and signed with necessary accommodations

Note: High School IEP, 504 Plan, and/or letter from a physician or other professional will not be sufficient to document a learning disability. The evaluation must be comprehensive.

Attention Deficit Hyperactivity Disorder (ADHD) - A comprehensive evaluation report written in narrative form by an impartial individual not related to the student, i.e., a developmental pediatrician, psychiatrist, neurologist, licensed clinical or educational psychologist, which includes:

1. Clearly stated diagnosis of ADHD based upon current DSM criteria
2. Evidence of early and current impairment in at least two different environments including past and present symptoms
3. Alternative explanations and diagnoses are ruled out
4. Relevant test data with standard scores provided to support conclusions including at
least one of the following instruments: (a) WAIS-II or III (b) Woodcock-Johnson Psychoeducational Battery-Revised (including Written Language) (c) Behavioral Assessment Instruments and Checklists normed on adults
5. Statement of the functional impact or limitations of the disorder and the degree to which it impacts the individual
6. Medications prescribed and how they will impact the student’s/employee’s ability to meet the demands of the postsecondary academic or work environment
7. Current report (within 3 years of enrollment date), dated and signed with necessary accommodations

Note: High School IEP, 504 Plan and/or letter from a physician or other professional may not be sufficient to document ADHD. Prescription medication cannot be used to imply a diagnosis.

APPENDIX B

ADA Form