Policy on Accessibility for Minors

Maryville University (the “University”) complies with laws that protect individuals with disabilities from discrimination, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). Programs and activities serving minors have a responsibility to ensure compliance with these laws, and must provide: (1) a process for a parent/guardian (or minor) to identify that a minor has a disability, and (2) reasonable accommodations to a minor with a disability to provide equal opportunity to participate in the program or activity. The Individuals with Disabilities Education Act (IDEA) which provides added protection for minors in K-12 educational environments does not apply to University-provided programs/activities.

Parents or minors seeking reasonable accommodations must request such supports and provide documentation showing that: (1) the minor is an individual with a disability, and (2) the requested supports are needed to provide the minor with an equal opportunity to participate in the program or activity.

Based on the documentation provided, the program/activity, in consultation with the University’s Division of Student Success, Disability Support and Success will determine the individual minor’s eligibility for reasonable modifications or necessary supports. If the program/activity determines that a minor is eligible, then the program/activity will notify the parent and the minor of the modifications/supports that will be provided for the minor.

Examples of reasonable modifications or necessary aids and services for supplemental enrichment activities include positioning the minor in close proximity to the instructor, movement breaks, and project modifications. Due to the limited timeframe for programs/activities, extended time may not be available. All modifications/supports are determined on a case-by-case basis.

Service Animals: The University permits the use of service animals by individuals with disabilities. The University’s Assistance Animal Policy is available upon request.

Implementation Procedures Accessibility For Minors

Determining Whether A Minor Qualifies As An Individual With A Disability

> Step 1: Submit Relevant Documentation:

Accommodations may be requested at any point prior to or during the minor’s participation by submitting documentation such as the items identified below to the Program Administrator or the Office of Disability Support and Success.

? Documentation from medical provider regarding impairment from last 3 years;

? Individualized Education Program (IEP) from the most recent school year;

? IEP Evaluation from within the last 3 years; or

? 504 Plan from the most recent school year.

• If the parent/student has not provided such documentation, then notify the parent that the request for support cannot be approved without documentation review.

> Step 2: Does the documentation confirm that the student has a mental or physical impairment that substantially limits one or more major life activities?

? Documentation confirming a medical diagnosis or educational label of mental or physical impairment.

? Documentation confirming that the impairment substantially limits a major life activity.

• The major life activity does not need to be “learning” for the student to qualify for support. Major life activities include: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, the operation of a major bodily function, including but not limited to, the function of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
• The determination should be made based on the impact of the impairment on the individual. The same diagnosis may substantially impair one individual, but not another. For example, whether an individual identified with ADD/ADHD qualifies as an individual disability depends on the presentation of the disorder in the individual. Accordingly, a case-by-case review is required.
• At this step, the law favors a broad interpretation of what impairments meet this definition of individual with a disability. If the student has either a medical diagnosis or has been educationally identified as having an impairment (i.e., IEP or 504 plan confirms an impairment such as a specific learning disability) and that impairment impacts the student in any significant respect, then the student should be considered an individual with a disability.

> Step 3: Communicate the Determination to the Parent.

? If the student does qualify as an individual with a disability, proceed to the next section to identify supports.

? If the student does not qualify, the Program Administrator will notify the parent that they may contest the determination by submitting a written complaint to Division of Student Success, Disability Support and Success, within 10 calendar days.

Determining Supports For Individuals With Disabilities

> Step 1: Identify the student’s needs in order to have an equal opportunity to access the program or activity.

? The student’s needs should be identified based on the medical/education documentation provided by the parents/student.

? For example, if the student has a specific disability in the area of math calculation, then the identified need may be math calculation support (i.e., use of a calculator).

> Step 2: Compare the supports requested to the student’s need to determine whether the requested supports or other alternative supports should be approved.

? The requested support should match the student’s documented needs. For example, if the student’s need area is math calculation, but the parent requests movement breaks, then the support request does not match the need area and may be denied. Instead, the program or activity should offer an alternative that does match the need area—such as use of a calculator.

? Be creative—if the parent requests a certain support provided in the student’s school, consider whether the student’s need can be met using a different support readily available in the program or activity. For example, if the student needs directions repeated due to attentional difficulties and the parent requests one-to-one instruction, alternatives in the program or activity may include a peer buddy or peer note taker who can repeat directions. Because IEPs/504 Plans are designed for a different purpose in school programs, the supports do not need to be replicated in the program or activity.

• In the case of student allergies, the program or activity should provide an accommodation that is tailored for the individual’s need. For example, many students with nut allergies can be accommodated through cleaning of a designated area—such as a table or work surface—rather than designating an entire facility as nut free.

> Step 3: Would the requested support change the fundamental nature of the program or unduly burden University?

? The program or activity is not required to provide supports that change the fundamental nature of the program or unduly burden University.

? To determine whether a requested support would change the fundamental nature of the program consider the impact on the student’s activities rather than the impact on the staff. Ask: would the support change the student’s activities. For example, if the program or activity course typically allows the students to make and launch rockets and the parent requests that the program or activity not launch rockets because the student cannot tolerate loud noises, then the request is for a change to the very nature of the program and need not be granted. This differs from requests that the instructor provide additional support, which typically will not be considered changes to the fundamental nature of the program.

? Generally, a one-to-one aide will not be considered unduly burdensome. If a one-to-one aide is requested, consider what student need is being addressed and whether other types of support can meet the student need such that the student will have an equal opportunity to access the program or activity.

? The law has not definitely answered the question of whether nursing services can ever be a necessary support that must be provided. Requests for nursing services should not be categorically denied, but considered on a case-by-case basis following the same approach as outlined above.

> Step 4: Communicate the Determination to the Parent.

? The Program Administrator will notify the parent/student of whether the requested supports will be provided and that the parent that they may contest the determination by submitting a written complaint to the Office of Disability Support and Success within 10 calendar days.

Revised February 11, 2020