The university would be obligated, then, to provide services which would make up for the loss experienced by the student, and the student could not be penalized for having missed the class. The ADA explicitly leaves to people with disabilities the option of taking or not taking advantage of special programming made available to them. DOJ's Interpretive Guidance to its ADA Title II regulations give the example that a blind person could not be required to select a museum tour specially designed for people who are blind. At IPFW, a student with a disability who is not requesting special services and accommodations cannot be required to visit or contact the SSD office. Of all questions asked of SSD staff by concerned faculty, this is the question most common.
Many students have undetected disabilities whose limitations negatively affect academic performance.
Yet, because most academic problems are not disability related, faculty and staff often are uncomfortable, understandably, with the risk of errantly putting the disability label to academic problems, even significant and persistent ones. Still, in the context of offering help and information, it is perfectly legal and acceptable to inform students about the existence and location of SSD and to tell them that we can informally provide guidance and counseling on academic problems and that certainty of disability is not required for this service. We can also provide information to those students seeking psycho educational assessments to detect possible learning or other disabilities. Faculty and staff are welcome to contact SSD to discuss confidentially any concerns they have about student needs which may be disability related. It should be added here that the ADA protects the civil rights of people who are falsely regarded as having disabilities.