NCASFAA APRIL 20, 2010 Disabilities, The Law & Financial Aid

THE LAW! Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act of 1990 ADA Amendment Act of 2008 NC Senate Bill 866 Higher Education Opportunities Act

504 & ADA…...are civil rights statutes designed to prevent discrimination against students with disabilities.

Section 504 First civil rights statute designed to prevent discrimination against persons with disabilities Forbids discrimination against persons with disabilities by programs and activities receiving federal funds

Americans with Disabilities Act Requires that people with disabilities not be excluded from participation in, or be denied the benefits of, or be subjected to discrimination. Does not require the institution receive federal financial assistance.

ADA Provides clear enforceable standards addressing discrimination against individuals with disabilities by ensuring the federal government plays a significant role.

Implications of 504 & ADA Those who have qualified for admissions have a right to be in higher education. Once admitted, students have a right to access academic and nonacademic programs.

Implications of 504 & ADA Qualified students are eligible to receive reasonable academic accommodations that relate to their disabilities. Students have a right to confidentiality of all disability information. Guarantees ACCESS - NOT success!

ADA Amendments Act Senate Bill S broadens coverage of the ADA and Section 504 of the Rehabilitation Act in four key areas. Definition of “disability” – gives broader coverage and includes episodic and remission impairments Major life activities – includes learning, thinking, concentrating, bodily functions, etc… Mitigating circumstances – can’t consider auxiliary aids, learned behavior, assistive devices, etc… Individuals regarded as disabled – does not have to limit or be perceived to limit a major life activity.

NC - Senate Bill 866 Guarantees the right to persons with disabilities in accessing electronic information, including web sites, computers in public libraries, etc. This bill requires compliance by municipalities, counties, community colleges, universities and any agencies in state government.

Higher Education Opportunities Act Financial Assistance for Students with Intellectual Disabilities Allows for students with intellectual disabilities (ID) to be eligible for Pell Grants, SEOG, and Federal Work-Study. Prior to HEOA students were usually not eligible because they did not meet the criteria – lacked high school diploma/GED, didn’t meet “ability to benefit” HEOA gives Secretary of Education authority to waive any requirements for Pell, SEOG, FWS, or institutional eligibility

Higher Education Opportunities Act Student with intellectual disability… Has mental retardation or a cognitive impairment characterized by significant limitations in- o Intellectual and cognitive functioning o Adaptive behavior as expressed in cognitive, social, and practical adaptive skills is currently, or was, eligible for special education and related services under the IDEA, including students who were home- schooled or attended private school.

Higher Education Opportunities Act Comprehensive transition and postsecondary program means a degree, certificate, non-degree, or non- certificate program that… Is offered by a participating institution Is delivered to students physically attending Supports students with ID seeking to continue academic, career and technical, and independent living instruction at institutes of higher education in order to prepare for employment Includes an advising and curriculum structure Provides opportunities to students with ID to participate in coursework & activities with students without disabilities

Higher Education Opportunities Act Requires program students to focus at least 50% of their participation on academic components through one or more of the following:  Taking credit-bearing courses with students without disabilities  Auditing or participating in courses with students without disabilities for which student does not receive credit  Taking non-credit, nondegree courses with students without disabilities  Participate in internships or work-based training in settings with students without disabilities

Higher Education Opportunities Act Program Eligibility An institution must apply to the Sec. of Ed. To have a program determined eligible. Programs must include…  Detailed description of program addressing all components  Institution’s policy for determining whether an enrolled student is making SAP  The number of weeks of instructional time and number of semester or quarter hours or clock hours in the program including the equivalent credit or clock hours associated with noncredit or reduced credit courses or activities

Higher Education Opportunities Act  Description of educational credential offered, or identified outcome(s) established by the institution for all students enrolled in the program  A copy of the letter or notice sent to institution’s accrediting agency informing the agency of its comprehensive transition and postsecondary program. The letter must include a description of the items as stated above.  Any other information the Secretary may require

Higher Education Opportunities Act Student Eligibility To be eligible for a program, a student…  Must be enrolled in a comprehensive transition and postsecondary program for students with intellectual disabilities at an institution of higher learning  Does not have to be enrolled for the purpose of a degree or certificate  Is not required to have a high school diploma, a recognized equivalent, or have passed an ability to benefit test

Higher Education Opportunities Act  Must maintain satisfactory progress  Must have documentation identifying the student as having ID and was eligible for special ed and related services under IDEA, or documentation establishing the student has an intellectual disability.  (comprehensive & individualized psycho-educational evaluation, or a record of disability from an agency that identifies the intellectual disability)

Higher Education Opportunities Act Student Eligibility To be eligible for Title IV funds, student…  Must not owe a refund or be in default  Must file a statement of educational purpose (on FAFSA)  Must be a citizen or eligible non-citizen  Have completed necessary repayment if convicted of fraud

Connecting with Disability Services: Student Process

Student Process Nothing happens automatically any more (IDEA vs ADA) Self-identify to Disability Services Separate process from applying to the college Placement Test

Student Process Provide current disability documentation Eligibility (ADA Amendments) Meet with a disability service provider to discuss and agree upon accommodations Accommodations given on an individual basis and vary due to nature and severity of disability

Accessing Accommodations Faculty Notification  Student requests  Disability Service generates Student’s choice to use accommodations Self advocacy—Student responsible for making each accommodation happen Transition: The magic concept

Types of Accommodations Alternative Testing o Extended time o Distraction reduced environment o Reader or computer software to read o Scribe o Enlarged print Process to set up testing with accommodations—I must do it myself?

Types of Accommodations Sign Language interpreters or Transliterators Scanned textbooks on CD Assistive software and equipment Closed captioned videos and CDs (CC devices) Enlarged, Brailed, or raised-lined material Adaptive furniture Accessible buildings or move classes Sound amplification system Large monitor, calculator, other equipment

Types of Accommodations Class notes  Volunteer Notetaker  Class notes on Blackboard, internet, or  Student tape record class  Copy of PowerPoint or overheads  Copy of lecture notes  Staff notetaker

Accommodations not given Academic standards not changed – Less homework – Test on smaller amount of information – Assignments turned in late Student responsible for personal care, medical and therapeutic equipment, and prescriptive devices Accommodations not given retro-actively

Types of Disabilities Disability Areas: More and more multi-disabled – Autism Spectrum Disorder 7.5% – Attention Deficit Disorder 23.5% – Blind/Low Vision 3% – Deaf/Hard of Hearing 4% – Emotional/Mental Health Disorders 11.5% – Intellectual Disabilities 2.5% – Learning Disabilities 32% – Medical/Physical Disabilities 8.5% – Orthopedically Impaired 3.5% – Post Traumatic Stress Disorder (included in medical) – Traumatic Brain Injury/Acquired Brain Injury 3.5%

Karen Yerby Associate Director Student Development Services NCCCS Janet Killen Director, Disability Support Services Wake Technical Community College