10.4 Support for Students with Disabilities
Minimum Student Capacities
CUNY School of Law pioneered the model of integrating a lawyering curriculum with traditional doctrinal studies. The Minimum Student Capacities listed below are the minimum standards for successful participation in our educational program. CUNY School of Law is committed to providing reasonable accommodation to qualified students with disabilities to meet these goals.
Engage in an appropriate and professional process to complete assignments.
Demonstrate appropriate development of professional judgment, including accurate and timely completion of class responsibilities.
Learn by engaging in self-criticism and constructively incorporating criticism from faculty, colleagues, supervisors, clients, staff and other professionals.
Demonstrate the ability to integrate knowledge to establish appropriate critical judgment when acting in the role of lawyer.
Demonstrate the ability to consider diverse opinions and work effectively and productively in groups.
Effectively communicate with and maintain effective, professional relationships with faculty, colleagues, supervisors, clients, staff and other professionals.
Possess the emotional and physical stability to function effectively under stress and adapt to changing environments inherent in classroom and practice setting.
At CUNY School of Law, students must meet both our academic standards and our Minimum Student Capacities, with or without reasonable accommodations. For additional information regarding support services for students with disabilities, please contact the Office of Student Affairs at 718-340-4207.
Reasonable Accommodations
In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, the Law School provides reasonable accommodations to qualified students with disabilities. Accommodations are modifications to policy, practice or procedure that ensure equal access to the academic and programmatic components of the law school.
The determination and provision of reasonable accommodations is based on satisfying the documentation guidelines outlined below as well as a clear demonstration that the impairment rises to the level of a disability (e.g. substantially limits or restricts a major life activity (e.g., learning, reading, concentrating, thinking).
Students are responsible for self-identifying to the Office of Student Affairs and initiating the request for accommodation well before the start of the academic semester.
Documentation Guidelines
Students requesting accommodation based on a disability must provide appropriate supporting documentation. The documentation must provide information to support the need for all accommodations requested and should:
Be submitted by a licensed professional qualified to diagnose the disability and include their name, title, and professional credentials, including information about state licensure
Be typed, dated and current (please review Documentation Guidelines below)
Cite the specific disability or disabilities and include an ICD-10 or DSM-V code
Describe the functional limitations or impact of the diagnosis in an academic setting
Include recommended accommodations
Note: the terms evaluation and documentation are used according to which is more appropriate for the disability type. Both are acceptable forms of supporting documentation for requesting accommodation.
Learning Disability & Disorder Documentation Guidelines
The evaluation should:
be conducted by a qualified evaluator (e.g. neuropsychologist, clinical psychologist, school psychologist, etc.)
be within the last three (3) years and updated as required
include test scores to document the nature and severity of the disability
describe the functional impact of the diagnosis in an academic setting and address specifically how the learning process may be affected
include a rationale for specific recommendations or accommodations.
ADD/ADHD Documentation Guidelines
The evaluation should:
be conducted by a qualified professional (e.g. neuropsychologist, psychologist) whose background includes training and relevant experience in the full range of psychiatric disorders;
be within the last three (3) years and updated as required
include a summary of relevant historical information, including initial onset, and ADHD subtype
describe the functional impact of the diagnosis in an academic setting and address specifically how the learning process may be affected
include a rationale for specific recommendations or accommodations.
Psychological & Psychiatric Guidelines
The evaluation should:
be made by a professional (e.g. clinical psychologist, psychiatrist, nurse practitioner) who is qualified with appropriate training in diagnosing psychological and/or psychiatric disorders;
be within the past two (2) years and updated as required;
include a summary of relevant historical information, including initial onset, diagnosis, and medication
describe the functional impact of the diagnosis in an academic setting and address specifically how the learning process may be affected
include a rationale for specific recommendations or accommodations.
Visual Impairment or Blindness
The evaluation should:
include an ophthalmologic evaluation made by a qualified professional or granted by a recognized resource, such as the NY State Commission for the Blind (include CBVH Registry Number);
be within the past two (2) years; in the case of visual acuity changes, new documentation should be submitted;
describe the functional limitations caused by the visual impairment
outline specific recommendations for accommodations/assistive technology.
Deaf/Hard of Hearing Guidelines
The documentation should:
include a diagnosis based on an audiological evaluation conducted by a qualified professional;
be within the past two (2) years and reflect present condition
describe the functional limitations caused by the visual impairment
outline specific recommendations for academic accommodations, SLI services, and/or assistive technology.
Mobility/Orthopedic Disabilities
The evaluation should:
be made by a qualified professional (e.g. orthopedist, physiatrist, physical therapist, etc.) with the appropriate training in diagnosing mobility impairments and physical disabilities;
be within the past two (2) years and reflect present condition; and, in the case of prognostic changes, new documentation will need to be submitted;
describe the functional limitations caused by the mobility impairment
include a rationale for specific recommendations or accommodations.
Chronic Medical Condition
The evaluation should:
be submitted on letterhead by a licensed and qualified medical professional or specialist
be within the past six (6) months and, in the case of prognostic changes, new documentation will need to be submitted;
identify medication, if any, and include information describing the possible impact of the medication upon academic performance; and
describe the functional impact of the diagnosis in an academic setting
include a rationale for specific recommendations or accommodations
Substance Abuse /Chemical Dependency
The evaluation should:
be submitted on letter head by a qualified professional with experience in the field of Chemical Dependency;
be within one (1) year of submission;
identify academic functional limitations and recommendations for accommodations; and
include treatment program and medication information in the report.
Other
Consult with the Office of Student Affairs
Pregnancy Related Accommodations
Students requesting accommodation based on pregnancy, childbirth or a related medical condition should contact the Office of Student Affairs. Students may be asked to provide supporting documentation and engage in an interactive process, which may include considering a number of factors, such as the student’s limitations and the nature and requirements of the academic program, with the goal of finding an acceptable accommodation or academic adjustment.
There may be a need to consult with appropriate college officials, to determine program requirements and possible accommodations and adjustments. Reasonable accommodations or academic adjustments may include, but are not limited to, granting leaves of absence, providing take-home tests to students who are bedridden or homebound, allowing make-up tests and papers, or scheduling a meeting with the instructor for a student who had to miss class because of medical appointments or medical complications in order to make up missed content.
A grant or denial of the request must be made as soon as practicable, taking into account the urgency of the request, and sent to the student in writing, either stating the accommodation, or for denials, the reason(s) the request was denied.
For more information please visit: Accommodations based on Pregnancy, Childbirth or a Related Medical Condition
Religious Accommodations
Students requesting religious accommodation should contact the Office of Student Affairs where they will engage in an interactive process with the goal of finding an acceptable accommodation.
The interactive process may include consideration of a variety of factors, such as the individual’s religious practices and the academic program’s functions and requirements. Reasonable accommodations may include, but are not limited to, flexible arrival and/or departure times, permission to make up a test or lecture, leave or assignment changes, time and/or space to pray, or accommodation relating to appearance or dress.
CUNY generally will not question that a request for religious accommodation is based on a sincerely held belief. However, if CUNY has genuine reason to doubt that a belief qualifies as religious, or is sincerely held, CUNY may make a limited inquiry, asking for supporting documentation. The documentation submitted may include the requestor’s first-hand explanation, or explanations from others, such as a religious official or clergy member, who are aware of the religious practice or belief.
A grant or denial of the request must be made in as soon as practicable, taking into account the urgency of the request, and sent in writing to the individual making the request, either stating the accommodation, or for denials, the reason(s) the request was denied.
Consistent with New York State Education Law § 224-a, students who are absent from school because of a religious belief will be given the equivalent opportunity, without any additional fee charged, to register for classes or make up any examination, study or work requirements missed because of such absence on any particular day or days.
For more information please visit: Religious Accommodations
Appeal of Disability Accommodation & Academic Adjustment Decisions
Students may appeal determinations concerning requested accommodations and academic adjustments by filing a written complaint with the 504/ADA Coordinator. The 504/ADA Coordinator, or a designee, will mediate to try to resolve the issues between the student and the College to find an acceptable accommodation. If a mutually acceptable accommodation cannot be determined, then the 504/ADA Coordinator, or a designee, will investigate the complaint and make a recommendation to the College President, who will make the decision concerning the complaint. If the student believes that a decision to deny the request was based on unlawful discrimination, then the student may exercise any and all rights available under law without fear of retaliation, including filing a complaint with the United States Department of Education’s Office for Civil Rights (“OCR”).