The issue of academic adjustments, auxiliary aides, services and accommodations for students with disabilities in clinical settings necessitates procedures for colleges. Here are some resources to assist colleges in their decision-making.
“OCR encourages post-secondary institutions to engage in a conscientious and diligent process with students in determining which academic adjustments are appropriate and do not fundamentally alter course requirements. When a specific adjustment requested by a student cannot be implemented due to the nature of the clinical setting or due to legal regulations applicable to that setting, a college must explore whether there are other effective options for accommodating the student”. OCR, 2010
Links
This document is an excellent resource for nursing program faculty and disability service providers. It is concise, current, and detailed in terms of inclusion of students with disabilities in nursing educational programs. It includes specific chapters on Barriers and Supports for Students with Disabilities, with a broad discussion of essential functions and technical standards; and Accommodations and Nursing Students, which addresses clinical accommodations and using technical standards to improve practice. It includes a Model for Technical Standards in Nursing Education Programs. (2014)
California Nursing Board Exam accommodations rules and form
The Essential and Recommended Skills List (Skills List) is a resource for veterinary technology programs to utilize for curriculum development and instruction as well as an accreditation monitoring tool for CVTEA. The Skills List represents the complex role of the veterinary technician and encourages instruction in motor, critical thinking and clinical application skills at the entry veterinary technician level. A veterinary technician student, having completed the curriculum, will have gained the prerequisite knowledge and perspective to enable him/her to carry out the following decision making abilities.
Discrimination, after the fact seeking accommodations (2012)
Falcone was dismissed because “you have been unable to demonstrate, with or without accommodations, that you can synthesize data obtained in a clinical setting to perform clinical reasoning, which is an essential element of functioning as a medical student and ultimately as a physician.” (2004)
The Settlement Agreement Between the United States of America and the National Board of Medical Examiners is a major decision on behalf of students with disabilities.
Wong v. Regents of the University of California (LD Accommodations in Medical School)
Southeastern Community College v. Davis (Physical qualifications for admission to clinical training programs).
This association is a good resource for students with disabilities enrolled in a nursing educational program.
A hospital can require a disabled nurse to satisfy the same high performance standards that apply to nurses generally, the U.S. District Court for the Western District of Michigan held in Harrison v Spectrum Health. While a hospital, like other employers, must provide reasonable accommodations to enable employees with disabilities to perform essential job functions, lowering job standards as an “extraordinary accommodation” is not required by the ADA. Go to link for full text of this case.
ExceptionalNurse.com is a nonprofit 501 (c) 3 resource network committed to inclusion of more people with disabilities in the nursing profession. This web site is maintained by Donna Maheady, Ed.D., ARNP, an advocate for nurses and nursing students with disabilities.
Beyond the Usual Accommodations is a good resource for disability support services providers, when working with students with disabilities who want to enroll in a program with clinical components. It also provides explanations of ADA and Section 504 requirements, plus commentary on OCR letters regarding an institution’s duty to its students with disabilities.
Documents
Excerpted from: “Leveling the Playing Field for Nursing Students with Disabilities: Implications of the Amendments to the Americans with Disabilities Act.” Journal of Nursing Education. Vol 51, No 3, 2012. The PDF version is linked to the title heading; an accessible Word Version of the document is also available.
Language developed for the Student Handbook at Los Medanos College was a result of an OCR complaint. (2012) The PDF version is linked to the title heading; an accessible Word Version of the document is also available.
The language developed for the Faculty Handbook at Los Medanos College as a result of an OCR complaint (2012) The accessible PDF version is linked to the title heading; an accessible Word Version of the document is also available.
OCR letter 09-09-2022 College of the Sequoias. Essential functions in a clinical setting. The accessible PDF version is linked to the title heading; an accessible Word Version is also available.
OCR Letter 09-06-2011 Napa Valley College. Accommodations in a clinical setting; discrimination. An accessible PDF version links from the title heading; and an accessible Word Version is also available.
OCR Letter 09-09-2120 Los Medanos College. Academic accommodations; accommodations in a clinical setting; grievance procedures. A PDF version is linked to the title heading; and an accessible Word Version is also available.
Professional programs with clinical components have some unique attributes as compared to typical academic programs. First, they are technical in nature and may have competencies that dictate performance within a certain timeframe. Second, they may have off-site training elements and thirdly, faculty may have ideas that could potentially create attitudinal barriers for students that they do not normally instruct in typical classroom settings. By permission from Galvin Group (2011). Accessible. Reviewed for currency 2019.
Cerritos College (2014). College nursing program essential functional abilities for nursing students. A PDF version is linked to the title heading; and an accessible Word Version is also available.
California Committee on People With Disabilities and Employment. (2015). This document is based upon the technical standard developed by Dr. Beth Marks and Dr. Sarah Ailey. This PDF document is accessible.