It’s hard to find a school more idyllic than San Jose State University (SJSU). From the iconic Tower Hall (a beacon of the school’s storied history starting in 1857) to the lush green lawns, strategic proximity to Silicon Valley (a launching pad for many students’ careers), and billions invested in the school’s transformative research missions, San Jose State seems to offer the best of all worlds—including the world of tomorrow.
Yet, even San Jose State, well within Silicon Valley’s innovative influence, has yet to find the perfect solution to serve students with disabilities. In SJSU’s defense, no American university has earned an A+ in Service to Students with Disabilities 101. While San Jose State likely ranks near the top of this class, we find any instance of students with disabilities being underserved to be totally unacceptable.
If you or your student has not received accommodations, services, or treatment that reflects a recognized disability, you may have witnessed a violation of federal law. The Americans with Disabilities Act (ADA) applies squarely to San Jose State employees, in part because it is a public university within the California State University system.
Here’s the headline: If you or your student faces adverse discipline, an unfair grading decision, a remediation order, or another adverse circumstance you believe is tied to improper treatment of a disability, we want to help.
Do not wait. Call the LLF National Law Firm Education Law Team today at 888-535-3686 or contact us onlineto discuss how disabilities are always relevant in cases like these, and how we may help resolve the problem you or your student faces.
SJSU’s Accessible Education Center (AEC) Is the Headquarters for All-Things Disability-Related
Accommodating students with disabilities is a considerable, ever-necessary feat for schools like SJSU. The Accessible Education Center (AEC) is the arm that registers, serves, and facilitates accommodations for Spartans with disabilities, and does so through:
- Its Main Office in the College Professional and Global Education (CPGE) Building
- Its Testing Center in the Industrial Studies (IS) location
- Its Computer Lab (which also provides assistive technology and alternative-format testing materials) in the Martin Luther King Library
Navigating San Jose’s urban campus can be difficult, and these multiple locations can themselves be a barrier for some students with disabilities. The MLK Library is a joint venture between the university and the City of San Jose, which may pose accessibility concerns for some.
The university and representatives of the AEC must take every reasonable measure to:
- Not only provide accommodations and services, but ensure that students are able to request those accommodations and services in the first place—for instance, by providing transportation to a student who could not otherwise come to the AEC
- Help students register and document their disabilities
- Determine which accommodations and services are necessary and reasonable
- Ensure the student receives the accommodations and services they need (and are entitled to under the ADA)
It is not always easy for a student to admit they have a disability and ask for help. When they do, SJSU’s representatives must show compassion and earnestness in response to the student’s request for (ADA-justified) assistance.
Types of Accommodations the AEC Helps Students Arrange
The accommodations someone with autism requires may not look like the accommodations that a student with Attention-Deficit/Hyperactivity Disorder (ADHD), hearing impairment, or paraplegia needs. This is why SJSU should be prepared to provide a wide range of resources and accommodations, including:
- Extended time, a private testing environment, alternate-format testing materials, regular breaks, and other exam-related accommodations
- Human note takers, physical copies of lecture materials, closed-captioning, and other in-class (or class-related) accommodations
- Flexibility regarding deadlines, attendance expectations, punctuality expectations, and assignment parameters
- Assistive resources for students who are hearing-impaired, visually impaired, or limited in speech—with Silicon Valley so close, SJSU should have uncommon access to the latest assistive resources
- Transportation, ramps, lifts, and other resources that help students with physical disabilities access classrooms, libraries, common spaces, and other areas of campus (and, in some cases, areas off campus)
Disability-friendly housing and transportation can also be pivotal to a student with a disability’s success at San Jose State.
If a resource or accommodation would promote a student’s academic, social, psychological, or emotional well-being (or their success), and that accommodation or resource is reasonable, San Jose State’s representatives should generally provide it.
What Is the Criteria for a “Disability” at San Jose State?
San Jose State representatives do not decide what qualifies as a “disability.” The ADA establishes this definition.
If a disability “substantially limits a major life activity,” universities, including San Jose State, must recognize that disability. So long as a student can provide the necessary documentation, it should not matter whether:
- The disability is apparent to others (many conditions, including ADHD and dyslexia, are not always apparent to others)
- The Spartan had the condition diagnosed or accommodated prior to enrolling
- The university has previously accommodated a student with a similar disability or profile of symptoms
If a physical, cognitive, emotional, or psychologically disabling condition interferes substantially with a major life activity—learning, focusing, being in large groups, walking, or another important aspect of your life—you are likely entitled to accommodations.
What Does a Spartan Have to Do to Be Accommodated?
Receiving accommodations at San Jose State starts with registration, which requires the student to:
- Fill out an application that includes disability-related accommodation
- Be patient as the AEC’s representatives review the application and documentation
- Schedule and attend an Intake Appointment, during which they discuss with an AEC counselor the student’s eligibility for accommodations and resources (and what those accommodations and resources may be)
SJSU does not detail what students should do if denied the accommodations they seek. However, our Professional License Defense Team may cite such a denial of deserved accommodations in our representation of you.
A Spartan’s Efforts Mean Little If Instructors Don’t Do Their Part
San Jose State policy explains that “course accommodations, due to a disability, are determined by the AEC, and not the instructor.” In other words, once a student is approved for accommodations through the AEC, instructors must implement them.
We may have strong grounds in defending you from discipline, a harmful grading decision, or other adverse outcomes if any of your SJSU instructors:
- Denied you the accommodations you were approved for
- Was inconsistent in their implementation of accommodations
- Did not implement all of the accommodations you were approved for (or did not appropriately implement them)
If you believe that an instructor was a barrier to accommodations or resources for your disability, we need to know.
SJSU Did Not Accommodate My Disability Properly. Can I Change a Grading Decision or Avoid Discipline Because of This?
San Jose State provides channels for students to report accessibility concerns, including inadequate access to learning or course materials. If students experience a “breakdown in communication” with an instructor about their disability, they are encouraged to contact a counselor at the AEC.
SJSU policy also notes that “Grade disputes and similar issues should be presented to the University Ombudsperson.” Furthermore, allegations of discrimination may be “presented to the Office for Equal Opportunity in University Personnel.”
But what if damage has already been done? This might be the case if:
- You have already been accused of behavioral misconduct and face high-stakes disciplinary proceedings
- You have received a substandard grade that reflects inadequate accommodations
- You have failed a course due to reasons related to your disability
- You are facing remediation, academic probation, or other adverse circumstances stemming from disability-related academic underperformance
The Americans with Disabilities Act pervades every aspect of life at San Jose State. From your academic performance to your behavior, the disability is relevant.
If you have already been disciplined, graded unfairly, or experienced any other harmful outcome, we may still be able to help. If you are facing disciplinary proceedings, considering a grade appeal, or are actively fighting such harmful outcomes, we can also help you.
Never assume that you are beyond help, or that a “final” decision from SJSU authorities is truly final. Speak with our Student Defense team first.
The LLF National Law Firm Student Defense Team Fights for Students with Disabilities. Let Us Fight for You.
Students with disabilities handle challenges that non-disabled students simply don’t. Even with resources and accommodations, succeeding as a student at San Jose State requires an uncommon level of determination for any Spartan with a disability.
When services or accommodations are not provided, the path to success can become impassable. If you feel that your disability has been handled improperly by any representative of SJSU, we want to hear from you.
Whether we defend you during disciplinary proceedings, lead an appeal or grievance, go directly to San Jose State’s general counsel about this problem, or employ another strategic approach, we will fight for the fair resolution you deserve.
Call the LLF National Law Firm Education Law Team today at 888-535-3686 or contact us online to discuss your circumstances and how we may advocate for you.