Americans with Disabilities Act

Statement of University Policy
Programs and activities conducted by Montclair State University shall be made accessible to all qualified participants regardless of disability. No individual, solely by reason of disability, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination by any program or activity conducted by Montclair State University.

This policy applies to persons who are qualified to work or study at Montclair State University but whose disability substantially limits one or more life activities. Included are those with learning disabilities as well as those with disabling illnesses. In accommodating students with disabilities, Montclair State University shall develop alternative methods for, rather than exemptions from, the satisfaction of academic requirements.

This policy statement is in compliance with both Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

Summary of the Pertinent Sections of Legislation
Americans with Disabilities Act of 1990 (PL 101-336, 42 U.S.C.):
"The nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for [persons with disabilities.]"

Rehabilitation Act of 1973 (PL 93-112, 29 U.S.C.):
"No otherwise qualified handicapped individual in the United States shall, solely by reason of this handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program receiving federal financial assistance."

Section 504 prohibits any program or activity that receives federal funding from discriminating against qualified persons with disabilities in employment as well as all other activities.

The University Compliance Mechanism
- Office of Services for Students with Disabilities - x5431
- 504 Compliance Officer - x4206
- ADA Coordinator - x7141
- Services for Persons with Disabilities – x4432

Provide Specific Information about Enrolled Students
Students with disabilities have the right to confidentiality of all information and have the right to choose to whom information about their disabilities will be disclosed.

Faculty can, however, obtain specific information about disabled students enrolled in their classes. Information can include general information about the disability and any manifestations that may in some way impact on the student’s academic career, as well as any accommodation necessitated by the disability. This information should be obtained as early in the semester as possible to enable the instructor to make any adjustments or arrangements that are necessary.

Reasonable Accommodations and Faculty Advocacy
Reasonable accommodations include, but are not limited to, the use of auxiliary aids in classroom settings; allowances for time and energy considerations such as reduced course loads, additional time for taking exams, etc.; substitutions of other acceptable assignments, courses, tests or test formats when necessary to ensure equal access for individuals with disabilities; and physical modifications such as ramps, elevators, lifts, curb cuts, etc.

Faculty are encouraged to express accommodation concerns with other faculty who have a record of previously accommodating students. The peer approach may assist in answering some of the questions that may arise with regard to accommodation.
Students with disabilities have the responsibility to demonstrate or document how their disabilities limit their ability to benefit from a particular delivery system, instructional method, or evaluation criteria when they make a request for an accommodation. If the disability is not obvious, the individual must provide documentation from an appropriate professional.

Modifications for Employees
Employees should discuss any needs for modifications with their supervisors. Employees and supervisors are encouraged to utilize Human Resources as a resource in this process.

If an employee and supervisor cannot agree on appropriate modifications, they should contact Human Resources to assist in establishing reasonable modifications. Human Resources will review the concerns of both parties in light of the employee's documented needs, the written job description, the position announcement, and office/department practices. Based on this evaluation, Human Resources will provide an access plan, if possible.

Faculty are encouraged to define a policy
Faculty are encouraged to add a policy statement to their respective syllabi, such as: "If you have a documented disability that requires an accommodation, please notify Services for Students with Disabilities within the first week of the semester." Also, note policies on make-ups, missing class, etc.

Students have the responsibility to follow published procedures for making such requests and to do so in a timely fashion.

Disability Terminology
Person with a disability means any person who has a physical or mental condition that substantially limits one or more life activities or has a record of such a condition.

Physical disability means any physical condition, anatomical loss, or cosmetic disfigurement which is caused by bodily injury, birth defect, or illness.

Mental disability includes: (1) developmental disabilities such as mental retardation, autism, or any other neurological conditions; (2) an organic or mental condition that has substantial adverse effects on an individual's cognitive or volitional functions, such as central nervous system disorders; significant discrepancies among mental functions of an individual, including any mental or psychological disorder, such as a head injury; emotional or mental illness; and specific learning disabilities.