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Disagreements with Accommodations

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Disagreements with Accommodations

Federal and state law and Board policy state that the institution has to provide equal access.  In the area of academic accommodations, the role of DSP&S is to assist the college and instructors in meeting their legal obligations to students with disabilities.

If an instructor receives an accommodation form and doesn't understand or disagrees with the accommodation, it is the instructor's professional responsibility to contact DSP&S and possibly the instructional manager to discuss the issue. 

LMC will take the following steps:

(i) Attempt to resolve the matter informally with the instructor. Any proposed resolution may include discussions with the student, if appropriate.

(ii) If the matter is not resolved with the instructor within five (5) calendar days, the DSP&S coordinator will ensure that the student’s approved accommodations are implemented pending final decision in the matter If the instructor raises the issue of undue burden or fundamental alteration, LMC will follow the procedures set forth in this Handbook under Procedures for Requesting Academic Accommodations for addressing these issues.

(iii) The DSP&S coordinator will refer the matter to the Dean of Student Development, who will consider the DSP&S basis for the approved accommodations, the instructor’s objections, and reasons therefore, and will issue a final decision within ten (10) calendar days of receiving the referral from the DSP&S coordinator.

(iv) If the instructor disagrees with this disposition, the instructor may file a complaint pursuant to the applicable collective bargaining agreement or other applicable policies and procedures.

DSP&S is here to discuss situations with you as they arise.  Although accommodations must be provided if needed to compensate for a disability, the delivery of accommodations often involves a creative process.

Essential Performance Form
Nursing Department
Los Medanos College

Last First MI

Mailing Address:

Street City State ZIP Code

E-Mail Address: Cell phone:

Essential Performance Background:

The Americans with Disabilities Act (ADA) of 1990 was instituted by Congress to prohibit discrimination against qualified individuals with disabilities. Schools of Nursing and State University systems, like other state and federally funded entities, are required to comply with the stipulations of the ADA. The ADA defines a qualified individual with a disability as an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the position that such individual holds or desires. In addition, the Rehabilitation Act of 1973 prohibits discrimination in admissions of a qualified person with disabilities.

Under Section 504 and Title II of the ADA, an individual with a disability is one who has a mental or physical impairment that substantially limits one or more major life activities. Under Section 504, with respect to postsecondary education services, a qualified individual with a disability is one who meets the academic and technical standards requisite to admission or participation in the College’s nursing programs. Under Title II, a qualified individual with a disability is one who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or participation in the College’s nursing program.

Reasonable accommodations for students with disabilities either temporary or permanent will be considered on a case-by-case basis and in consultation with the DSP&S Office at Los Medanos College where appropriate.

In compliance with the ADA and the recommendations of the American Academy of Colleges of Nursing, Los Medanos College’s Nursing Program will institute the following health regulations and policies.

Health Regulations and Policies:

To enter into and to complete the nursing program, students must be able to meet the emotional, cognitive, and physical requirements of the essential performance standards listed below as required by the School of Nursing. The Director of the DSP&S Program will have the authority to make the final determination regarding the physical fitness, cognitive capacity, or emotional stability of a particular student to enter and/or continue in the program.

In order to participate in Los Medanos College’s Nursing Program students are required to travel to agencies and hospitals, and to homes with unpredictable environments. Students need to have the endurance to adapt to a physically demanding program.
The following physical, emotional, and cognitive requirements would be necessary to participate in the clinical application courses in nursing:

  1. Strength: sufficient strength to lift, move, and transfer most patients; to restrain and carry children; to move and carry equipment; and to perform CPR which requires sufficient body weight and adequate lung expansion.

  2. Mobility: sufficient to bend, stoop, bend down on the floor; combination of strength, dexterity, mobility and coordination to assist patients; ability to move around rapidly; and to move in small, confined areas.

  3. Fine Motor Movements: necessary to manipulate syringes and IVs; to assist patients with feeding and hygiene; to write in charts; to perform sterile procedures and other skilled procedures.

  4. Speech: ability to speak clearly in order to communicate with staff, physicians, and patients; need to be understood on the telephone.

  5. Communication: able to communicate in English both verbally and written format so that students can communicate nursing actions, interpret client responses, initiate health teaching, document and understand nursing activities, and interact with clients, staff and faculty supervisors.

  6. Vision: sufficient to make physical assessments of patients and equipment,

  7. Hearing: sufficient to accurately hear on the telephone; to be able to hear through the stethoscope to discriminate sounds; to hear cries for help; to hear alarms on equipment and emergency signals; and various overhead pages.

  8. Touch: ability to palpate both superficially and deeply and to discriminate tactile sensations.

  9. Emotional Requirements: The student must have sufficient emotional stability to perform under stress produced by both academic study and the necessity of performing nursing care in real patient situation while being observed by the instructors and other health care professionals.

  1. Cognitive Requirements: The student must have sufficient cognitive ability to listen, speak, read, write, reason and perform essential mathematical functions (addition, subtraction, multiplication, division, percentages and fractions without a calculator) at a level that allows processing and understanding of materials and information presented either verbally or in written format.

  1. General Health: nursing is considered to be a high-risk profession for exposure to Hepatitis B and other contagious disease. Immunizations required by the Department of Nursing reduce this risk for nursing students, but do not eliminate it entirely. The following students need a physician's note to participate in the program: student with impaired or deficient immune systems; and, pregnant women. Such students must have physician approval prior to participation in clinical courses, and must discuss their situation with the clinical instructor.

Temporary Disabilities:

Although ADA guidelines and California State Law do not require that campuses provide accommodations to students with temporary disabilities (disabilities less than 3 months) campuses may decide on a case-by-case basis to provide accommodations and support to temporarily disabled students.

Student Rights and Responsibilities

I understand that these are the "essential performance functions" of a School of Nursing clinical assignment. I have the right to be screened for a Disability Services Application for Services and a Verification of Disability form to_______________

I understand that the development of any new disability during my program of study will require immediate notification to the Director of Student Disability Services for consideration and action, and communication with my professor(s) and/or clinical instructor.

I have read the Essential Performance Form and fully understand its contents and implications, and the procedures to follow when requesting a reasonable accommodation.

Applicant's Signature Date

Note: If you have any questions regarding the above form, please feel free to contact the DSP&S Program at Los Medanos College.

Rev. 08/2012

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