[teknoids] 2 questions

Whitcomb, Jeff jmwhitco at samford.edu
Fri Jul 14 11:09:02 EDT 2017


Patty,

I passed this question over to Cumberland’s Director of Student Services and ADA Accommodations. Her answer is below. She didn’t specifically answer in her email whether the name of the student is disclosed to the professor, so I checked back and they do give the name of the student with the accommodation to the professor:

Jeff,

These questions fall under FERPA and best practices more than ABA.  FERPA allows for an institution to disclose, without consent, information such as this only to school officials that have legitimate educational interests in the information.  As for the technological end of things, FERPA requires that institutions use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests.

As for our safety checks:

·         Student Services discloses (after drop-add) via letter to faculty members the accommodations for which their students are eligible.  The letter does not disclose the disability—only the accommodation(s) granted.  Students who wish to disclose more information may do so via direct communication with the professor.

·         Student Services does not collect medical documentation.  This is maintained in the university’s Disabilities Resources office.  Because we do not maintain such files, we can ensure that faculty are not granted unauthorized access.

·         All students are graded anonymously without indication of a student who has taken the test with accommodation.

·         Student Services oversees all ADA exam administration and includes those exams in the “regular” collection so professors may grade without bias or prejudice.

Hope this helps.  I’m glad to talk with anyone who has questions.

Pam

Pamela J. Nelson
Director, Student Services and ADA Compliance
Cumberland School of Law

205-726-2222<tel:205-726-2222> | office
205-726-2411<tel:205-726-2411> | assistant
205-726-4051 | fax
Pamela.Nelson at samford.edu<mailto:Pamela.Nelson at samford.edu>
cumberland.samford.edu<http://cumberland.samford.edu/>
800 Lakeshore Drive, Birmingham, AL 35229<http://maps.google.com/maps?q=800+Lakeshore+Drive,+Birmingham,+AL+35229,+US>
[Samford Cumberland School of Law Logo]

Jeff Whitcomb
Technology Services Manager
Technology Services - Cumberland School of Law

205-726-4662<tel:+1205-726-4662> | office
jmwhitco at samford.edu<mailto:jmwhitco at samford.edu>
cumberland.samford.edu<http://cumberland.samford.edu/>
800 Lakeshore Drive
Birmingham, AL 35229<https://maps.google.com/maps?q=800+Lakeshore+Drive,+Birmingham,+AL+35229,+US>

[id:image001.png at 01D292A8.4B2E9230]

P Think before you print

From: Teknoids [mailto:teknoids-bounces at lists.teknoids.net] On Behalf Of Baia, Patricia
Sent: Friday, July 14, 2017 9:05 AM
To: Teknoids <teknoids at lists.teknoids.net>
Subject: Re: [teknoids] 2 questions

Thank you all for your responses on this.  I am certainly learning a lot and “may” have a better understanding.  There does seem to be a bit of a gray area, am I picking up on this correctly?  It seems Law schools start with a basic “rule” and then have some flexibility with how they proceed.  I was previously a professor at a non-law school for over ten years and never came across the level of detail and process I am seeing on these two matters.  I was trying to get a handle on where some of the motivation/history was coming from.  I appreciate the conversation.  ☺ -Patty

Patricia Baia, PhD
Associate Director of Online Learning and Instructional Technology
Office of Academic Affairs
_________________________________________________
[Description: cid:image003.jpg at 01CB9C3F.171FBDE0]
80 New Scotland Ave | Albany, NY 12208 |Room W123
P: 518.445.2366 | F: 518.445.3281
E-mail: pbaia at albanylaw.edu<mailto:pbaia at albanylaw.edu>
Canvas: http://albanylaw.instructure.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__albanylaw.instructure.com&d=DwMGaQ&c=GTxgfYI6i4KYikqC6GK_Jzn2mYGEh-v4HEPYCyQcJzU&r=Mh0f_esboalX-ll94toLA-gkRnVTunwPf4Swoc2izO4&m=euyG8GCu41WO45WHPS_pHSJkR1_ud3r7nFM6W67eyeM&s=Mt_-JYcN5YShrgrJGgIP4mkhExXa7yJddMZOnZvY9Lw&e=> (log in w/Albany Law School Credentials)

From: Teknoids [mailto:teknoids-bounces at lists.teknoids.net] On Behalf Of Patty Furukawa
Sent: Thursday, July 13, 2017 5:59 PM
To: Teknoids <teknoids at lists.teknoids.net<mailto:teknoids at lists.teknoids.net>>
Subject: Re: [teknoids] 2 questions

Patty,

I am also no expert but here’s my pass at the answers to your questions:

In the 2015-2016 ABA Standards and Rules of Procedure for Approval of Law Schools (sorry I don’t have the 16/17 one on hand), in the keyword index “accommodations” is mentioned in Standard 207 and 702(b).

Standard 207 discusses “reasonable accommodation for qualified individuals with disabilities”.
Standard 702(b) discusses facilities that “shall provide reasonable access and accommodations to persons with disabilities, consistent with applicable law.”

As far as ABA standards and rules, I don’t see anything to answer your first question. However, having worked with the disability service center on our campus, I believe the rules and guidelines regarding anonymity of an individual with a disability is guided by that unit. So, I would check with them for your campus.

Regarding your second question, I quickly went through the ABA standards and rules and didn’t see anything specific about “anonymous grading” but as Doug said, it is the norm since much of the grading is subjective and faculty want to avoid any signs of favoritism.

Patty
pfurukawa at law.uci.edu<mailto:pfurukawa at law.uci.edu>
(949) 824-0603
Assistant Dean, Information Technology Services
School of Law
University of California, Irvine


From: Teknoids [mailto:teknoids-bounces at lists.teknoids.net] On Behalf Of Edmunds, Doug
Sent: Thursday, July 13, 2017 1:09 PM
To: Teknoids <teknoids at lists.teknoids.net<mailto:teknoids at lists.teknoids.net>>
Subject: Re: [teknoids] 2 questions

I’m no expert, but I don’t think either point is *required* by any existing ABA rule. They are, rather, common practice among law schools to help protect the integrity of grading in general. Almost every law school academic policy I reviewed before replying states that anonymous grading is the norm (except in experiential and seminar classes, in which it is almost impossible), but no ABA rule or guideline is referenced in any of these policies. It’s fair to say the same is true in the case of accommodations, but I cannot swear to it.

I bet Ken Hirsch would know! He’s way smarter than I am. ;-)

Best,
Doug
--
Doug Edmunds
Assistant Dean for IT & Adjunct Instructor
UNC School of Law
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From: Teknoids <teknoids-bounces at lists.teknoids.net<mailto:teknoids-bounces at lists.teknoids.net>> on behalf of "Baia, Patricia" <pbaia at albanylaw.edu<mailto:pbaia at albanylaw.edu>>
Reply-To: Teknoids <teknoids at lists.teknoids.net<mailto:teknoids at lists.teknoids.net>>
Date: Thursday, July 13, 2017 at 3:43 PM
To: Teknoids <teknoids at lists.teknoids.net<mailto:teknoids at lists.teknoids.net>>
Subject: [teknoids] 2 questions

Good Afternoon all ☺

Can someone please explain to me the following:


  1.  Are ABA credited law schools required to withhold the names of students from faculty of those who have been granted student accommodations?  Can faculty know their name[s] and what the accommodation is? And what regulation, ABA rule, etc. dictates this process?
  2.  Are ABA credited law schools required to use anonymous numbers/grading?  If so, what regulation, ABA rule, etc. dictates this process?

Anyone know the origin/background of these? -Patty

Patricia Baia, PhD
Associate Director of Online Learning and Instructional Technology
Office of Academic Affairs
_________________________________________________
[escription: cid:image003.jpg at 01CB9C3F.171FBDE0]
80 New Scotland Ave | Albany, NY 12208 |Room W123
P: 518.445.2366 | F: 518.445.3281
E-mail: pbaia at albanylaw.edu<mailto:pbaia at albanylaw.edu>
Canvas: http://albanylaw.instructure.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__albanylaw.instructure.com&d=DwMGaQ&c=GTxgfYI6i4KYikqC6GK_Jzn2mYGEh-v4HEPYCyQcJzU&r=Mh0f_esboalX-ll94toLA-gkRnVTunwPf4Swoc2izO4&m=euyG8GCu41WO45WHPS_pHSJkR1_ud3r7nFM6W67eyeM&s=Mt_-JYcN5YShrgrJGgIP4mkhExXa7yJddMZOnZvY9Lw&e=> (log in w/Albany Law School Credentials)

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