Berkeley College follows all the regulations put forth in the disability legislation of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Americans with Disabilities Amendments Act of 2008. The pertinent details of each legislation are as follows:

Section 504 of the Rehabilitation Act of 1973 states:

“No otherwise qualified person with a [disability] in the United States shall, solely by reason of a [disability], be excluded from the participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance.”

According to this legislation, a person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. A person is considered to have a disability if he or she (1) has a disability, (2) has a history of a disability, or (3) if the person with the disability is perceived by others as having a disability.

According to Section 504, a qualified person with a disability for entrance into an academic program, at a college or university, is classified as an individual who meets the requisite academic and technical standards required for admission into the specific program. This too includes participation in the college or university’s programs and activities. Based on the mandates of Section 504, Berkeley College shall not:

• Limit the admission rate of otherwise qualified students with disabilities to the College.
• Make pre-admission inquiries regarding whether an applicant has a disability.
• Exclude a qualified student with a disability from any course of study at the College.
• Provide less financial aid to students with disabilities than is provided to students without disabilities.
• Assess student achievement using methods and procedures that adversely discriminate against a student with a disability.
• Implement regulations, rules, and policies that result in limiting participation of students with disabilities in educational programs or activities available at the College.

The Americans with Disabilities Act (ADA) of 1990:

This legislation is civil rights legislation for persons with disabilities. It includes the anti-discrimination legislation of Section 504 to include all colleges and universities whether or not they receive federal financial assistance. The purpose of this legislation is to provide a clear and comprehensive mandate for the elimination of discrimination against persons with disabilities. The act included protection for persons with disabilities pertaining to employment, state and local governments, public accommodations and telecommunications.

The Americans with Disabilities Act (ADA) Amendments Act of 2008:

This law was created to clarify the intent of the ADA. Specifically, this law expands the definition of major life activities. This means that when in the process of determining eligibility for accommodations, you should not consider mitigating measures (i.e., medication, prosthetics, assistive technology, etc.) as a factor when determining eligibility for accommodations for school and/or work purposes.

Related Links:

• Office of Civil Rights Information on Section 504 and the ADA
• Department of Justice Information on the ADA
• APA disability Resource Toolkit: Legal Issues for ADA, Section 504, and FERPA
• Higher Education’s Obligations Under Section 504 and Title II of the ADA: Auxiliary Aids and Services for Postsecondary Students with Disabilities
• Accessibility Services Accommodations Student Policy
• Service Animal and Emotional Support Animal Policy

Berkeley College’s staff make great efforts to accommodate the needs of our students who have disabilities. Each campus has an ADA Coordinator or a personal counselor who serves as the accessibility support service representative. The student must schedule an appointment with this person, submit an application, and provide supporting documentation in order to receive accommodations. Accessibility Services-related documentation will not be part of your Berkeley College academic record.

Students who require reasonable accommodations for Accuplacer Admissions Testing can apply to Accessibility Services to receive accommodations.

Important Steps for Registration

1. Schedule an appointment with an ADA Coordinator or a Personal Counselor. You may also contact the Coordinator of Accessibility Services (listed below under “Contact Us”).
2. Complete an Application for Accessibility Services and Accommodations with the ADA Coordinator/Personal Counselor.
3. Provide current documentation of a diagnosis from a licensed professional along with that professional’s recommendations for appropriate accommodations to the ADA Coordinator/Personal Counselor. You can discuss this process with them.
4. Renew your accommodations each semester by submitting the Accessibility Services Semester Form.

The student with a disability is required to provide medical and/or psychological documentation supporting the claim of disability from a licensed professional. The claim of disability used is the label put forth in the federal legislation of the Amendments Act of the Americans with Disabilities Act of 2008. The disability must substantially limit the person from completing a major life activity. The medical and psychological documentation (e.g., reports, clinical notes, evaluations, etc.) must be no older than four years. In addition, the medical and psychological documentation must include the following:

1. Diagnosis of the disability
2. Severity of the diagnosis
3. Functional limitations of the disability
4. Treatments provided for the disability
5. Recommendations for successful learning
6. Must-have accommodations

In addition to the student with a disability providing the required medical and/or psychological documentation of the disability, the student must include a current Berkeley College Application for Accessibility Services and Accommodations in his or her initial packet for services.

• National Center for College Students with Disabilities
• Job Accommodation Network - the leading resource for persons with disabilities in the workforce
• DO-IT: Disabilities, Opportunities, Internetworking, and Technology
• Careers & Degrees in Healthcare: A Guide for Students with Disabilities
• Resources and Support for College Students with Dyslexia, Dysgraphia, or Dyscalculia
• Scholarships & Resources for Students with Visual Disabilities

• Application for Accessibility Services and Accommodations (Word Document)
• Audio Recording Form (Word Document)
• Healthcare Provider form (Word Document)
• Release of Information (Word Document)
• Student Rights and Responsibilities (Word Document)

• Pregnancy Healthcare Provider Form (Word Document)
• Application for Accommodations based on Pregnancy or Related (Word Document)
• Pregnancy Policy (PDF)

Please note that all assigned academic accommodations granted to the student are determined by the level of the disability and its impact on learning. Berkeley College has developed a standard list of accommodations that are reasonable in nature to assist the student with a disability in achieving their academic goals. The following academic accommodations may be approved for a student based on the student’s level of functioning and documented disability requirements. This list is not exhaustive.

1. Testing: This includes extended time for completing standard in-class examinations. The student can receive either time and one-half or double time to complete his or her examination.
2. Human scribe for testing: This accommodation is needed for a student with a visual, cognitive, learning, or physical disability. The student requires assistance in writing down responses or filling out a scantron for an examination.
3. Proctor: This accommodation is needed for the student with a disability who is eligible for extended time for completing an examination and if the student requires a separate testing site from the standard classroom.
4. Extended time working on in-class or at home assignments: This accommodation involves the need for additional time to complete assignments that are outlined in the syllabus. The time frame for the student with a disability will be discussed with the disability support staff member.
5. Use of computer for in-class assignments: If the student requires the use of assistive technology, the student will be allowed to use the needed technology during the class session.
6. Enlarged print format: If the student requires enlarged printed documents and/or presentations attributed to a visual, cognitive or learning disability, this accommodation would be granted. Documents will be created and/or printed in the desired font needed for reading.
7. Accessible course documents: This accommodation calls for the student with a disability receiving course documents in an accessible format. This format could be electronic or in an enlarged print format. 
8. Preferential seating: This accommodation is granted if the student struggles with a visual, hearing, mobility, psychiatric, cognitive, and/or learning disability. The student may need to be situated closer to the professor in order to obtain course instructions and information. Also, the student may need to be situated closer to an exit for ease of access to restrooms and/or emergency exits.
9. Accommodations to physical setting: This accommodation is granted to a person who might have a physical, sensory, or mobility disability and requires additional classroom space to navigate through the classroom or requires the use of adaptive equipment.
10. Alternative testing: This accommodation involves the need for a private testing location and a distraction-reduced setting for test taking.
11. Academic Advisement and Disability Specific Registration: This accommodation is given to persons with disabilities who need to be advised on the academic requirements of each course required for a degree program. The student with a disability might have to stagger courses because of the academic rigor of the course and how it coincides with the student’s disability.
12. Use of calculator: This accommodation would be granted to a person who has a specific cognitive and learning disability that causes difficulty in remembering formulas or computing mathematical transactions. However, if the specific math course in question requires students without disabilities to not use a calculator, then the student with a disability may need to utilize additional time in order not to change the rigor and integrity of the course.
13. Medical condition causing absences: This accommodation requires that absences should not exceed 3-4 times during the semester and the student must present a medical note from a physician explaining the reason for each absence. The professor should consult with the Accessibility service staff member if the student does not submit documentation for the absences and if the absences occurred more than four times without the submission of the corresponding medical documentation. For all absences, the student is expected to make-up missed work assignments.
14. Reader: This accommodation calls for the student to utilize a human reader to read all printed documents or assist with visual or cognitive tasks that call for a human reading voice output.
15. Recording of class lectures: This accommodation allows the student to record their lecture sessions. The student is responsible for destroying/erasing recordings at the end of the term.
16. Note-taking: This accommodation is granted to a student with a disability who experiences difficulty writing notes for her/his courses. A student will receive permission to record each course lecture each semester. A student membership paid by this department for accessing Note Taking Express, an electronic note-taking vendor, is part of this accommodation request. The student is responsible to upload each audio-lecture recording to Note Taking Express’ website and the vendor will e-mail the notes directly to the student. Notes can be accessed via the student’s cell phone by using the vendor’s app or using a desktop or laptop computer.
17. Tutoring Services: This service is provided through the Center for Academic Success in a specific subject matter.
18. Assistive Technology: This includes screen-reading, voice recognition, or other adaptive software or hardware.
19. Speech Interpreters: This accommodation is granted to a student who is hard of hearing or deaf who requires speech interpreters for class instruction, examinations, and other academic-related campus activities.
20. Academic Coach: This accommodation would be granted to a student who wishes to work individually with a coach to assist them on academic skills such as notetaking, test taking, time management, and organization.
21. General note: Each campus has an Accessibility support service representative via the Personal Counseling Office. The student must schedule an appointment with the personal counselor in order to submit an application and to confirm requested accommodations.