Introduction

New Mexico State University is committed to providing reasonable accommodations for qualified NMSU students in accordance with state and federal laws. Disability Access Services at New Mexico State University offers a variety of services to students with documented physical, learning, or psychological disabilities. DAS is providing the below procedures and guidelines to help students follow and understand the accommodation process here at NMSU.

Purpose

New Mexico State University (NMSU) is committed to following Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA) as amended in 2008 (ADAAA), and other applicable federal and state regulations and university policies which prohibit discrimination on the basis of disability. Under these laws, eligible students with a documented disability have a right to receive reasonable accommodations. Students also have responsibilities under these laws.

Student Rights and Responsibilities

Students with disabilities have the right to:

1. An equal opportunity to learn. If the building location, academic course materials, or instructional methodology limits access, participation, or the ability to benefit, students have a right to reasonable accommodations in those aspects of the course (or program). The accommodation(s) may not fundamentally alter the nature of the program or activity, lower academic standards, present an undue financial or administrative burden on the university, or pose a threat to others or public safety.
2. An equal opportunity to participate in and benefit from the academic community. This includes access to services, extra-curricular activities, and housing.

Students with disabilities shall be responsible for:

1. Disclosing to NMSU the need for accommodations by applying with the Disability Access Services (DAS) Office.
2. Submitting documentation of a disability from a qualified and appropriate professional that demonstrates how the disability affects/impacts the student in the academic or living/housing environment.
3. Participate in an interactive process with DAS to determine what necessary accommodation can be approved and provided for.
4. Sending out their accommodation notifications prior to each semester through their profile in the Accessible Information Management (AIM) Case management system.
5. Meeting with instructors and other service providers to discuss accommodations as needed. Students should be aware that while information about the disability is confidential, anonymity is not guaranteed.
6. Notifying DAS of any issues, concerns, or delays in receiving requested accommodations in a timely manner.
7. Meeting and maintaining the University's fundamental academic and technical standards.

Scope

DAS facilitates access to NMSU programs and services for students, prospective students, and student visitors with disabilities through accommodations, education, consultation, and advocacy. If in addition to being a student, you also work for the university in any capacity, the Office of Institutional Equity can assist you with employment accommodations.

NMSU is not required to provide personal services to students with disabilities, per applicable laws. Below are some examples of common personal services:

1. Private tutoring and/or assistance with homework
2. Personal care attendant (PCA)
3. Personally prescribed medical devices (eyeglasses, wheelchairs, hearing aids, etc.)
4. Personal transportation
5. Personal assistance to transport books or other personal items

Regarding Temporary Injuries/Conditions:

NMSU is committed to supporting the academic success of all students and recognizes that certain life events may adversely affect a student’s ability to fully participate in class. Students who experience a temporary injury (e.g., a broken arm, hand, or leg) and require assistance should meet with their course instructor(s) and academic advisor as soon as possible to determine appropriate plans for course work. In some cases, it may be more appropriate to discuss the possibility of receiving an incomplete for the class or the need to withdraw from the class and/or semester.

Transient or temporary conditions that do not exist or impact a major life activity for at least six months are not covered under the ADA for accommodation provision. The DAS office can review temporary accommodation request to make a determination if accommodations are appropriate on a case by case basis.

Eligibility Criteria
Application Process
Verification and Assessment
Approval Process
Implementation of Accommodations
Appeals and Grievances
Accommodation Renewal and Review
Memory Aid Guidelines
Emergency Procedures
Notice of DAS Procedural Changes

 

 

1. Eligibility Criteria

Who Qualifies

To be eligible for academic accommodations at NMSU, a student must have a disability as defined by the Americans with Disabilities Act (ADA) and be enrolled at the University.

The Americans with Disabilities Act and Section 504 of the Rehabilitation Act provides for equal opportunity to persons with disabilities.  To be protected under the ADA, you must be determined to have a physical or mental impairment that substantially limits one or more major life activities; have a record of such an impairment; or be regarded as having such an impairment.

After applying with DAS, submitting supportive documentation, and participating in an interactive process with our office, you must be found to be a “otherwise qualified” student with a disability. A qualified student with a disability is a student with a disability who, with or without reasonable accommodation (including academic adjustments/ auxiliary aides and services) is able to meet the essential academic and technical standards required for admission or continuing participation in NMSU’s educational programming or activities. This includes compliance with the essential provisions of the NMSU code of conduct and the ability not to represent a direct threat to the health and safety of others

Types of Disabilities Covered

Under the ADA there are some impairments that will “virtually always” be a disability. These impairments with “predictable assessments” include:

• Deafness (hearing)
• Blindness (seeing)
• Intellectual disability (brain function)
• Missing limbs and mobility/wheelchair use (musculoskeletal)
• Autism (brain function)
• Cancer (normal cell growth)
• Cerebral palsy (brain function)
• Diabetes (endocrine function)
• Epilepsy (neurological function)
• HIV infection (immune function)
• Multiple sclerosis (neurological function)
• Major depressive disorder, bipolar disorder, OCD, and schizophrenia (brain function)

Spectrum impairments that are assessed for accommodations include:

• Allergies
• Back conditions
• Learning disabilities
• ADHD

DAS considers the extent that condition, manner, or duration of these impairments. This may include many factors, including, among other things, the difficulty, effort, or time it takes the individual to perform a major life activity; whether the individual experiences pain when performing a major life activity; the time for which a major life activity can be performed; and/or the effect the impairment has on the operation of a major bodily function.

2. Application Process

If a new student or transfer student would like to arrange for services and make use of accommodations, they must be registered with the Disability Access Services Office. To do this, a student must:

1. Complete a New Student Application. Use your NMSU user name and passphrase to log in to complete the application.
2. Completely fill out the questionnaire and upload all supporting documentation for your request. Please note that to successfully submit your application you must upload supporting documentation. Your application will not be reviewed until you successfully submit it. if you do not have documentation and would like to discuss your request, please call the Disability Access Services Office as soon as possible. 
3. If you do not have existing documentation, provide your healthcare practitioner with a Verification Form for completion and submit that form as supporting documentation.
4. After submitting your application, you will receive an email from our system confirming receipt of your application.
5. Our office will then contact you to set up an intake appointment to discuss your situation and possible accommodations that may be appropriate.
6. If approved for accommodations, our office will create a user profile for you to access our case management software called AIM (Accessible Information Management) where you will be able to request your accommodation notices to be sent out electronically to your professors. The staff member conducting your intake will guide you on how to send out your notifications for the first time.
7. Once your Faculty Notification Letters have been sent out to your professors, it is important for you to meet with the individual instructors for each course to discuss and make arrangements for the accommodations.
8. NOTE: Please request accommodations in a timely manner. It can take up to 10 business days to make a determination from the time our office conducts your intake. Delays in scheduling your intake with our office or in submitting any requested documentation may increase that time. If you apply for accommodations two weeks before the current semester ends, the accommodations will be approved for the following semester. 
9. Please refer to the Current DAS Student Process for steps on requesting your accommodations each subsequent semester.

Please contact the DAS office if you have any questions or need any assistance.

Required Documentation

Please see our Documentation Guidelines and Forms Section under our Getting Started Section of our website.

Submission Deadlines

Academic Accommodation Applications:

All complete accommodation applications (Application and supporting documentation) will be processed by the DAS office when they are received. Accommodation applications and supporting documents should be submitted as soon as possible. Any accommodation requests submitted 2 weeks prior to the end of the current semester will be processed for the following semester.

Housing/ESA Accommodation Applications:

All housing accommodation requests will be processed by the DAS office regardless of when they are submitted however:

1. Requests for accommodations from incoming students beginning Fall term made before June 1 will be given priority.
2. After June 1, requests for accommodation will be made as space is available. DAS and Housing and Residential Life at NMSU recommend that you complete a disability accommodation request when you fill out your housing application.
3. New ESA requests will be processed until the Friday before move-in date each semester. Any ESA applications submitted after that date will be processed after Census Day of the corresponding semester.
4. Any ESA requests submitted after the end of the 3^rd week of October or after the end of Spring Break will be process for the upcoming semester, meaning the ESA accommodation may be approved, but the animal may not be brought to campus until the start of the next semester. This is to ensure that room assignments are not disrupted late in the semester. DAS will of course look at case by case situations to make reasonable determinations.

3. Verification and Assessment

Initial Review

All submitted applications for accommodations are reviewed and assessed for completeness and appropriate documentation. Any draft applications that are not submitted by the student are not reviewed or considered for accommodations. DAS respects the student’s decision to not disclose their need for accommodations and not submitting an application through our application system indicates to our office that the student does not want their application reviewed or considered. If a student is having issues submitting the application they should contact the DAS office immediately at 575-646-6800 or at das@nmsu.edu.

After the initial review, DAS may contact the student to inform them that additional information may be needed or to inform them that their application may be better service by another office on campus if the request is not covered under the ADA.

If the application is complete and appropriate, DAS will contact the student by phone and email to set up an interactive intake appointment to discuss their request and make a determination.

Assessment Process

Determining Reasonable Accommodations

A reasonable accommodation is a modification or adjustment to a course, program, service, or activity that enables a qualified student with a disability to have an equal opportunity to access and use benefits, privileges and services that are available to similarly-situated students without disabilities. NMSU has a responsibility to provide accommodations only to the known disability and the related impacts of an “otherwise qualified” student with a documented disability. To determine reasonable accommodations, DAS may seek information from appropriate university personnel regarding essential standards for courses, programs, services, and activities.

Accommodation Request Analysis

In reviewing accommodation requests, the following analysis is used:

• Does the student have a documented disability covered by the ADA that substantially limits one or more major life activities that impacts them in the NMSU environment (academics, housing services and activities)?
• Is the student "otherwise qualified?" by meeting the University's departments/programs academic and technical standards.
• Is the request reasonable? (The following requirements must ALL be satisfied for the request to be considered reasonable):
  • The accommodation does not fundamentally alter the nature of the program or activity.
  • The accommodation does not alter or remove essential requirements.
  • The accommodation does not lower academic standards.
  • The accommodation does not present an undue financial or administrative burden on the university.
  • The accommodation does not pose a threat to the safety of others or the public.

Reasonable Accommodation Determinations

Reasonable accommodations are determined by examining:

• The barriers resulting from the interaction between the impact of the documented disability and the campus environment.
• The possible accommodations that might reduce and/or remove the barriers.
• Whether or not the student has access to the course, program, service, or activity without an accommodation.
• Whether or not essential elements of the course, program, service, activity or facility are compromised or changed by the accommodations.

Accommodations May Not Be Reasonable in the Below Circumstances:

Requested accommodations will not be facilitated for disability reasons within the context of a specific academic experience if the accommodation would result in:

• A significant change in the nature of the program.
• Lowering an academic standard, such that it becomes inappropriately easier for a student to fulfill the mandatory elements or learning objectives required of all other students for the course, program, or degree achievement.
• Removing or waiving acquisition of an essential skill such that it becomes impossible to accurately assess the individual student’s learning, knowledge, and course work relative to the required course, program, internship, or degree goals, and/or essential elements.
• Removing or waiving acquisition of a skill that is directly related to the health and safety of others.
• Establishing the accommodation would pose a health or safety risk to the student with a disability or others within the academic setting.
• Removing or waiving requirements that are directly related to qualifying for a professional license.
• Enhance student success without removing an academic/institutional barrier that impedes equitable access.
• Address something that the student could otherwise manage through various approaches (time management, reduced course load, different study strategies, etc.).

Confidentiality and Privacy

We view all materials pertaining to a student's disability as confidential. All disability-related information for students that apply for accommodations are housed only with the DAS office. Only staff persons working at Disability Access Services have access to these files. Registration with DAS will not appear on transcripts.

The Family Educational Rights and Privacy Act of 1974 (FERPA) and the Americans with Disabilities Act (ADA) do not allow faculty or others access to disability-related information (e.g. diagnosis, medications). DAS will not share a student’s medical information with university faculty or staff without the student’s consent. Accessibility Specialists will confirm registration and approved accommodations on a need-to-know basis.

DAS will not disclose any student’s medical or registration information to an employer or other outside organization without the student’s permission.  

DAS will retain all disability documentation for 3 years after students leave the university.

Release of Information/Proxy

If you would like to allow your parent(s) to have access to information:

• Go to your AIM portal by logging on to das.nmsu.edu.
• Sign in with your username and passphrase.
• On the left-hand side under My Dashboard, select "Information Release Consents".
• Fill out the requested information on the Consent Form.

4. Approval Process

Notification of Approval

After the interactive intake, students will either be informed of their approval or denial at the end of the intake appointment and receive an email verifying their eligibility. If the DAS staff member completing the intake needs to process the request with the DAS Accommodation Review Team, the determination will be postponed and the student will be notified via email regarding their approval/denial through the AIM Case management system. All correspondence will be sent to the student’s NMSU email address ONLY.

Accommodation Plan Development

For requests involving complex accommodations that will involve multiple offices or departments to coordinate the provision of the approve reasonable accommodations, the student will be involved in the process and never left to negotiate the plan alone with faculty or staff. DAS will be the office that facilitates the process and ensures the students voice is heard throughout the process.

For accommodations in a practicum or clinical setting, the DAS office will coordinate the necessary meetings with the Departments and Placement Sites to discuss and implement the accommodations that can be approved in those settings.

Student Agreement

Once approved, the student must log into their profile in the AIM system and electronically sign the Student Rights and Responsibilities Form. The student will be responsible to sent out their accommodation notices at the start of each semester or whenever a class is added/changed.

5. Implementation of Accommodations

Coordination with Faculty and Staff

After the completed intake, the student is assigned an Accessibility Specialist that will follow up with them to ensure that they can access their student profile in the AIM case management system. The assigned Accessibility Specialist will be their primary point of contact for any question or concerns. The Accessibility Specialist will also coordinate with faculty and staff in regard to implementing the approved accommodation services and will communicate with the student as to the progress.

Implementation Timeline

DAS will implement the approved accommodations within 10 days of the submitted application if the intake is scheduled timely. Any delays in submitted additional requested documentation or information and/or delay in responding to DAS to schedule the interactive intake, will delay the implementation of the accommodations. Consulting with the Accommodation Review Team may also delay the implementation of accommodations and the student will be kept up to date as to the progress of the implementation.

Please see below table for timelines needed to implement specific accommodation services.

Submissions for Accommodation Service Timeframes:

Time Required for Services

Type of Service	Time Required
Interpreting, Real-time Captioning, Real-time Transcribing.	At least 2 weeks prior to the beginning of the new semester.
Accessible Furniture, Classroom Relocation	At least 3 weeks prior to the beginning of the new semester.
Classroom Assistant, Lab Assistant	At least 4 weeks prior to the beginning of the new semester.
Alternative Format-E-Text	At least 4 weeks prior to the beginning of the new semester.
Alternative Formats-Braille, Audio Description, Tactile Graphics, 3-D prints	At least 8 weeks prior to the beginning of the new semester. In addition, students will be working closely with DAS, instructors, and academic advisors generally one to two terms ahead during the academic year.
Notetaking Services	At least 2 weeks prior to the new semester.
Alternative Testing	Cannot be requested retroactively after an exam has occurred and cannot be requested 14 days prior to the end of a semester.
Scheduling Exams with Disability Access Services	Minimum advance notice required for scheduling exams with DAS: Quizzes, Exams, and Midterms - 3 business days Finals - 5 business days

Monitoring and Support

The student is primarily responsible to communicate with the DAS office when accommodations are not being provided by a faculty, staff, or program. The Accessibility Specialist will check in with the student at least once at mid-semester to see how things are going regarding their accommodations they are receiving. The student can contact our office as many times as needed for support, advocacy, and guidance.

6. Appeals and Grievances

Grounds for Appeal

The Disability Services Office is responsible to analyze all information when making accommodation decisions. In situations when a student may not agree with the approved accommodations made available and offered to the student, DAS provides a process for prompt review and resolution as required by Section 504 and the Americans with Disabilities Act. If a student does not agree with an approved/denied accommodation decision made by the DAS staff member (generally the Assistant Director or Accessibility Specialist), the student may file an appeal through the DAS website to be reviewed by the Director. If the grievance involves a determination made by the director, the appeal will be moved up the chain of command in the Student Life Department.

Appeal Process and Resolution Timeline

Please see the Grievance Procedures under the “For Students” section of the DAS Website.

7. Accommodation Renewal and Review

Annual Renewal Process

Once an accommodation determination has been made, the student is registered with NMSU for accommodations throughout their time at the university. There is no need to renew each year with our office or provide documentation unless specifically requested by DAS. If a student takes a semester off, they will be inactivated in the AIM case management system. This means that they will not have access to their profile until they contact the DAS office to inform them when they register again for another semester at NMSU. Any students transferring from another NMSU campus must contact the DAS office to schedule a review of their accommodations and receive an orientation to the office processes.

Review of Accommodations

DAS recommends that students schedule a review of their accommodations with their primary Accessibility Specialist in the below situations:

1. They took a semester or more off from NMSU and are returning.
2. A student completed an undergraduate program and is entering a graduate school program. This is required as not all accommodations approved for a undergraduate program carry over to a graduate program.
3. There has been a change in a student’s qualifying condition or there is documentation of a new disability that is impacting the student’s academic experience.
4. Any time that the accommodations do not seem to be addressing the barrier created by their disability and the program/course they are participating in.

Students can request consideration for additional accommodations or modifications of their current accommodations by completing an Additional Accommodation Request through their profile in the AIM Case Management System. 

Updating Documentation

Students should update documentation with DAS when they:

• experience a flare up of their condition and they were provided documentation by their provider.
• are hospitalized for a disability related reason or a new disability that they would like to disclose to NMSU
• are receiving temporary accommodations and medical clearance is needed by the DAS office to discontinue or continue the temporary accommodations.
• have planned appointments or treatment changes that are disability related and may impact their school attendance/performance.

8. Memory Aid Guidelines

9. Emergency Procedures

In order to ensure your safety, develop an emergency plan or a strategy in advance. How you respond to an emergency depends on:

• the type of emergency
• your specific disability
• the location of your classes
• where you work or live on campus

Students with mobility impairments

Elevators provide access for students with mobility impairments to classrooms throughout campus. However, during an emergency, elevators can be very dangerous and often cease working. Furthermore, elevators have been known to break down at times leaving people with mobility impairments stranded on upper floors. As a result, it is unlikely that you will be able to evacuate without the assistance of others. The following steps can help to ensure your safety in an emergency:

1. Make a plan for every building in which you have class, work or live on campus, locate an area or refuge, which could include a stairway or an adjacent classroom/room with a fire rated door and walls, where you will await rescue during a fire.
2. Inform others of your plan. In most instances, this should be the instructor of your class, your resident advisor (RA), or your supervisor. Let them know the location you have selected to await rescue personnel in the case of an emergency.

Students with visual impairments

As a student with a visual impairment, you should develop a plan of action for emergency situations as well. An ideal time to develop this plan is at the start of each semester as you work with a mobility orientation specialist to locate your classrooms.

Students with seizure disorders

If you have a seizure disorder that is not controlled by medication and have seizures often, it is wise to alert your instructor to your condition and how you wish for them to respond. Let them know what to expect if you were to have a seizure during class and under what circumstances it would be necessary to call for an ambulance. For additional information, you should refer your instructor to the DAS office, which can help communicate on how to react to a seizure. The DAS office can also include helpful information for your instructors on your accommodation notifications upon your request.

Important Note:

For any emergency and for students with any type of disability, the first step is to contact 911. When reporting the emergency, it is important to indicate your specific evacuation needs.

10. Notice of DAS Procedural Changes

DAS strives to align its procedures with best practices recommended by the Office of Civil Rights, the Association of Higher Education and Disability (AHEAD), and the U.S. Department of Education. If any procedural changes are made, DAS will notify students through email sent by the AIM Case management system or posting on the DAS website. The procedural change will remain posted on the announcement section of the website for 60 days then will be removed as the expectation will be for students to refer to DAS procedure section under the “For Students” section.