The Advocate’s Quagmire: Serving Students with (Dis)abilities in Postsecondary Education | French, Kniess

Abstract

This scenario invites readers to follow Shannon, a Director of Disability Support Services, as she wrestles with how to navigate postsecondary education for her students with disabilities given institutional policies and federal laws. Shannon finds herself in ethical quagmires as she works to support students at Riverside University such as Devon, a first generation, low-income student with a disability. This case study includes strategies on how Shannon upholds the professional code of “doing no harm” while simultaneously serving the students.

Keywords: Students with disabilities, first-generation college students, low socioeconomic status

Introduction

Riverside University is a regional campus located in the Midwestern United States. Riverside was established in 1952 as a teaching college. In recent years its business program has received multiple accolades and the computer science program has received recognition for innovative communication software. While technologically savvy, the university has some work to do in regard to accessibility of campus facilities and classroom accommodations. For example, some of the buildings are not accessible for students with physical disabilities. Also, faculty in various programs have not made their online courses ADA compliant by captioning videos and slide presentations in the Desire2Learn course management platform. Riverside has recently undergone some restructuring due to budgetary constraints and campus administrators have cited this lack of funding for delays in campus improvements. As a result, some functions of the Disability Support Services office have been scaled back from prior years. The office is still ADA compliant, but current students have noticed a reduction in the amount of support received.

The National Center for Education Statistics (2016) estimated that in 2011-2012, 11% of postsecondary students reported having a disability. Many students like Devon find themselves questioning whether to identify with a disability or not. Other students with disabilities do not persist through postsecondary education. Professionals like Shannon tirelessly advocate on behalf of students while making decisions that align with institutional policies. Both Devon and Shannon encounter hurdles they must respond to in order to thrive in their environment at Riverside University. Shannon seeks to understand the complexity of advocating on behalf of students with disabilities while simultaneously operating through an ethical lens and following institutional policies.

History/Context

The main protagonists for this case study include Devon (he/him), a first year student with a disability enrolling in Riverside University, and Shannon, the Director of Disability Support Services (DSS) on campus. Shannon (she/her) grapples with the complex issues associated with advocating on behalf of her students with disabilities, maintaining professional codes of ethics, and following institutional policies. Devon lives with a learning disability, is a first generation college student, and comes from a low socioeconomic background. Both Devon and Shannon find themselves in difficult situations during their time at Riverside.

Devon comes from a small, rural town roughly 75 miles away from the university. Devon is the first member of the family to attend college and comes from a low-socioeconomic background. Devon’s family is supportive in numerous ways but is unable to assist financially with college. As such, Devon went to Riverside without prior understanding of the hidden curriculum of higher education – college jargon, systems, and processes at the university level for requesting learning accommodations.

Furthermore, Devon wrestled with deciding whether to officially identify as a student with a disability or not. He wondered if he should take the first semester to “test” whether he really needed accommodations or if he could succeed without them. This “test” that Devon weighs is not uncommon among students with disabilities. Lyman et al., (2016) examined what keeps students with disabilities from accessing accommodations. Four main factors included “a desire for self-sufficiency, a desire to avoid negative social reactions, insufficient knowledge, and the quality and usefulness of disability student services and accommodations” (p. 123). Although Devon felt these pressures of weighing the options of whether to identify as a student with a disability on his own, many other students with disabilities face similar predicaments when enrolling at a college or university.

Devon utilized services provided under the Individuals with Disabilities Education Act (IDEA) in high school and benefited from an Individual Education Plan (IEP). However, Devon felt stigmatized by some of these services and decided to withhold the disability when applying to college.

According to IDEA (2004), a learning disability is defined as a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which…may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations (p. 118).

In postsecondary education settings, the responsibility to secure an Americans with Disabilities Act of 1990 (1991) accommodation lies with the student. Devon has been diagnosed with a learning disability but must notify Riverside University in accordance with their policies and procedures in order for the appropriate accommodations to be considered.

Additionally, Devon heard that requesting accommodations means that the DSS office may require additional testing that could cost him a lot of money. Riverside University previously funded specific testing required of students with disabilities. These resources were provided through a federal grant, but the university did not get approved for a second grant cycle, nor had it pursued other revenue streams to continue this arrangement. In effect, the cost for testing and other services is currently placed back on the students. Devon is concerned about his ability to pay for the additional costs of these tests and cannot ask his family for money as his father has just been laid off from his job.

Shannon is a seasoned professional in the field and understands that students with disabilities enroll in college at half the rate of students without disabilities and graduate at lower rates as well (Dowrick et al., 2005). Shannon has worked to combat the stigma associated with disability on Riverside’s campus. The concept of ableism is pervasive on Riverside’s campus and Shannon works to educate faculty, staff, and students about the various stigmas associated with disability. Ableism is discrimination and/or prejudice to individuals with physical, mental, and developmental disabilities as deficient rather than an aspect of difference (Castañeda & Peters, 2000). Shannon also encourages people to avoid using deficit language (e.g., “Well, they just need to adapt”) when working with students with disabilities. Shannon is committed to being an advocate for students with disabilities, but often finds herself grappling with how to support her students while also upholding the university policies. She has reviewed the ACPA/NASPA Competencies (2015) and considers the legal and ethical dimensions of her decisions.

Shannon presents at New Student Orientation on behalf of the Disability Support Services office. Her main goal during the presentations is to appear approachable and convey that the DSS office exists to support students, regardless of the type of disability. She encourages students to seek out the services of the office at the beginning of the semester in order to avoid academic or institutional hurdles they may encounter as a result of a disability toward the end of the semester, when students may find themselves discouraged and struggling.

Recently Shannon has felt a tension with her approach to the presentations due to budgetary concerns. How can she ethically continue supporting students like Devon when testing and other accommodations may require the student to pay out of pocket?  She feels disingenuous to incoming students if she does not disclose the potential additional expenses, but also believes students may opt to avoid the DSS altogether if she discloses this information. There are many services the DSS offers that do not cost students more money, but she feels caught in a quagmire and is unsure of how to effectively endorse the DSS while also supporting her students.

As Devon embarks on his college journey, he ultimately decides to wait to disclose his learning disability to professors or seek accommodations provided by the DSS office. With the perceived costs associated with testing coupled with his anxieties associated with disclosing his disability, he promises himself that he will work hard to succeed in college. To calm his nerves about his decision, he introduces himself to Shannon following an orientation session. They converse and Devon takes Shannon’s business card.

Devon’s situation reflects that of many students with disabilities who attend college. Many students choose not to disclose for a multitude of reasons including those introduced in this case. Professionals like Shannon often find themselves yearning to support students, but caught among federal and state bureaucracy, campus politics, and onerous administrative tasks. For many students, by the time they realize they need accommodations (or in Devon’s case, opt not to seek accommodations), it is too late in the semester to receive the necessary accommodations.

Questions for Discussion

  1. How can Shannon assist Devon in getting support for a learning disability?
  2. What are some ways that Shannon could utilize the ACPA/NASPA professional competencies to respond to the growing needs of her students at Riverside University?
  3. What are some ways in which DSS can teach students about self-advocacy?

References

ACPA: College Student Educators International & NASPA: Student Affairs Administrators in Higher Education (2015). ACPA/NASPA professional competency areas for student affairs practitioners. Authors.

Americans with Disabilities Act Amendments Act of 2008. (2008). Public Law 110-325, 122 Stat. 3553.

Americans with Disabilities Act of 1990. (1991). Pub. L. No. 101-336, § 2, 104 Stat. 328.

Burgstahler, S.E. (2015). Universal design in higher education: From principles to practice, 2nd ed. Harvard Educational Press.

Castañeda, R., & Peters, M. L. (2000). Ableism. In M. Adams, W. J. Blumenfled, R. Castañeda, H. W. Hackman, M. L. Peters, & X. Zúñiga (Eds.), Readings for diversity and social justice (pp. 319-323). Routledge.

Dowrick, P. W., Anderson, J., Heyer, K, & Acosta, J. (2005). Postsecondary education across the USA: Experiences of adults with disabilities. Journal of Vocational Rehabilitation, 22, 41-47.

Higher Education Opportunity Act of 2008. Pub. L. No. 110-315 (2008). 1973, 29 U.S. C. sec 794.

Individuals with Disabilities Education Improvement Act, P. L. 108-446 20 U.S. § 1400 (2004).

Lyman, M., Beecher, M. E., Griner, D., Brooks, M., Call, J., & Jackson, A. (2016). What keeps

students with disabilities from using accommodations in postsecondary education? A qualitative review. Journal of Postsecondary Education & Disability, 29(2), 123-140.

Section 504 of the Rehabilitation Act of 1973, 29 U. S. C. § 701. https://www.dol.gov/oasam/regs/statutes/sec504.htm

U.S. Department of Education, National Center for Education Statistics. (2016). Fast facts. https://nces.ed.gov/fastfacts/display.asp?id=60

Author Biographies

Amy E. French, Ph.D. (she/her). Dr. French is an Associate Professor in the Higher Education and Student Affairs department at Bowling Green State University where she also serves as program coordinator for the College Student Personnel program. Dr. French holds a Ph.D. in Higher Education Leadership from Indiana State University, a Master of Arts from Loyola University Chicago, and a Bachelor of Arts degree from Kentucky Wesleyan College.

Her research interests include social justice issues related to race, identity, and disability. Dr. French’s teaching areas include student development theory, leadership and administration, and program evaluation. She approaches the field of student affairs with a scholar-practitioner lens.

Dena R. Kniess, Ph.D. (she/her). Dr. Kniess is an Associate Professor of College Student Affairs at the University of West Georgia. She holds a Ph.D. in Educational Leadership – Higher Education from Clemson University, Master of Arts and Bachelor of Science degrees from Slippery Rock University of Pennsylvania.

Her research interests include college access and student success, multiculturalism and social justice, assessment in student affairs, and faculty development. Dr. Kniess’ teaching areas include student development theory, legal issues, higher education administration, and research and program evaluation. She has worked in residence life and orientation and transition programs for 11 years prior to becoming a faculty member.