Katherine 

There is an old saying . where you stand depends upon where you sit .. So
your struggle and focus . is based on your personal experience .

 

So .. Keep on fighting . and we can support each others fights .

 

But we must always keep the broad picture of fighting for the broad LD
issues .

 

 

Glenn Young

CSLD

530 Auburn Ave

Buffalo NY 14222

Cell 703-864-3755

Fax 716-822-2842

website: glennyoungcsld.com

  _____  

From: learningdisabilities-bounces at nifl.gov
[mailto:learningdisabilities-bounces at nifl.gov] On Behalf Of Nancie Payne
Sent: Saturday, January 19, 2008 6:30 AM
To: Learningdisabilities at nifl.gov
Subject: [LearningDisabilities 1656] Response to Jon's question last week

 

In response to Rochelle's request for a response to Jon's question:

First, I am not an attorney and do not explicitly follow the ADA/Civil
Rights cases, thus I can not comment on any rulings or stipulations.  That
said -- here are some thoughts about the LD policy set by the literacy
agency and the college that Jon references. 

I am going to start at the end instead of the beginning.  First, it is my
belief that the major reason a teacher (in the adult basic education world)
would need new or updated learning disability information about a student is
for purposes of receiving necessary accommodations on the GED Test, in
admissions testing and/or when involved in coursework in a postsecondary
institution, or on a job/work training situation.

Now that you have my bias/opinion, here's the next element. While a learning
disability is a permanent disability, there are several "glitches" if you
will.

Many times, especially with the current elements of the IDEA, K-12 students
are not actually diagnosed with a learning disability - only identified as
"qualifying for special education services."  Then, there are the issues
around documentation done by a qualified professional.  There are no
constants in the documentation of a learning disability - while many
professionals follow a specific set of criteria, research shows that in
practice, there are many ways of documenting this disability - some more
acceptable than others.  These documentation elements lead to individuals
having documentation that is inaccurate or frequently does not provide
enough information to support the diagnosis. Finally, if the only
documentation available was done sometime during elementary, middle, or
early high school and the individual is now an adult, chances are their
cognitive abilities have changed (especially if they have encountered good
teachers and used strategies) and while the learning disability might still
be present, the levels are different and an "adult assessment" may be
important to have.

All that said, the question is whether an adult education teacher providing
instruction to an individual who has/appears to have a learning disability
is assisted - instructionally speaking - by documentation/diagnostic
information.  In my estimation - many times not, as the
documentation/diagnosis typically does not suggest what should be done; that
is the types of modification or adjustments appropriate in an adult
education/literacy setting. Remember, that is not to say that the
documentation/diagnosis is not important if accommodations for the GED test,
postsecondary or work appear to be in order. In these cases, programs that
provide adult basic education (in this case literacy and pre-GED classes)
certainly have a need - as advocates for the student - and hopefully believe
- a responsibility - to help the student access updated or new information.
If we don't do it who will?  If it doesn't happen during the time the
student is enrolled in the adult education program, does the lack of such
create a significant barrier in passage to the next level of
self-sufficiency?  In my opinion, these requests should be based again on
the student's goals/direction and the requirements/standards set by the
entity/organization (e.g., GED Testing Service, the postsecondary
institution, or the workplace).  

On to the next element -- It is my understanding that organizations/programs
that receive federal, state or local municipality funds and are providing
services to individuals who lack the resources/support to access new or
updated documentation of a disability have some obligation to assist the
individual.  The question is - to what level of assistance is the obligation
of the organization/program?  At the very least, having information
available regarding resources within the community - for example: Vocational
Rehabilitation may provide assistance if the student's primary goal is to
become employed, literacy/GED is a step in that goal and a disability or the
perception that there is a disability is preventing the student from
achieving the goal or if the student is a welfare-to-work/TANF participant
then there should be resources for disability documentation/diagnosis from
that program.  These are just two instances of assistance within the system.
Each state, region and local area has a variety of options.  

Well, the subject continually evolves - perhaps others in the legal field
have more substantive information from the ADA perspective.

Nancie Payne

 

 

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