Jessie Hass, SPPS Counselor "Transitioning from an Individualized Education Program (IEP) and Individuals with Disabilities Education Act (IDEA) to Americans with Disabilities Act (ADA)" Jessie Hass, SPPS Counselor

Let’s begin by talking about Language

What is a Disability According to the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities and a record or history of such an impairment is available. These activities include the ability to write, learn, read, think, concentrate, memorize, hear, see, talk, walk, breathe or perform manual tasks.

Disabilities Accommodated A disability may be a  physical health condition that affects a body system- musculoskeletal neurological respiratory cardiovascular   digestive genito-urinary hemic and lymphatic endocrine a disability may be a mental or psychological disorder or condition- developmental delay cognitive delays emotional or mental health disorder specific learning disabilities traumatic brain injuries

Disability Services Available at nearly all colleges, universities and technical colleges Require that students request them – not transferred from high school Documentation requirements vary Laws are the same – ADA and 504 (federal laws) Some states have additional laws in addition to federal regulations

Why is there a shift in Language? Colleges and universities are bound by different federal laws High Schools fall under idea Higher education falls under ADA. Different laws= different procedures=different accommodations

Let’s look more closely at the differences between K-12 and Postsecondary Disability Law

IDEA vs. ADA Individuals with Disabilities Education Act is an education specific act Funding is available and must only be used for sped Enforced by the state department of education A civil rights law that protects people with a disability from discrimination No designated funding Enforced by the US Office for Civil Rights (OCR)

IDEA vs. ADA Children with disabilities are absolutely entitled to a “Free and Appropriate Public Education.” Equal access to education – students have civil rights and they must advocate for themselves in order to enjoy these rights.

IDEA vs. ADA Either the IEP or 504 Plan drove all services and accommodations, and involved the teachers, counselors, and absolutely required a parent’s signature. There is no IEP or 504 plan, but accommodation plan would be developed by disability services specialists. Parents cannot be given any information without written permission from the student.

IDEA vs. ADA “Placement” is determined by the child’s “team,” and outlined in the plan. It must, by law, be in the least restrictive environment. Placement integration is assumed. Students may take placements exams similar to every other student. The environment is adjusted through accommodations, but this is not deliberated upon or selected for the student in advance based on disability.

IDEA vs. ADA Students were qualified for public education simply by being the appropriate age and because they had a disability. “Otherwise qualified” in college means that the student must meet all entrance and academic requirements whether or not they have a disability.

IDEA vs. ADA Everybody knew about a student’s placement, and practically everybody signed the plan. Every teacher had a good idea what a student needed even before entering the classroom. Disability services will not contact a professor without permission from the student who can also refuse accommodations not desired.

IDEA vs. ADA Public schools, for the most part, are responsible for the appropriate assessment of a student’s disability. Higher education does not have to assess the student, but can expect that the student will provide proof of their disability within accepted guidelines. Check with each school to see how current documents are required to be.

IDEA vs. ADA Assessments, physical or other kinds of therapy, or personal care are provided by the school while a student is in school. Student is responsible for personal services, i.e. personal care or medical and related requirements.

IDEA vs. ADA A subject could be waived for a student before graduation if it specifically related to the student’s disability. Course substitutions may be requested by following a rigorous petition process, but “waivers” for requirements are rarely granted.

How do students receive postsecondary accommodations Admitted to a college or post-secondary institution based on admission criteria Make an appointment for an intake interview with the disability service provider Provide documentation – special education records, report from licensed psychologist or medical doctor Note: Students must seek out disability services office

Types of Accommodations Sign language interpreters Provision of and/or orientation to assistive technology (Kurzweil Reader, Dragon Naturally Speaking, SmartPens, Zoomtext) Captioned videos Assistive listening devices/FM Systems Other reasonable accommodations determined on a case-by-case basis

Common Accommodations Alternative testing (Extra time, quiet place, computer use, enlarged, scribe, etc.) Note taking or lecture notes Audio recording lectures Audio textbooks

Services that May Be provided Assistance with course selection and registration Organization & time management Support for coping with a disability in college Assistance with faculty contacts Support groups

Services not provided by Disability Services based on ada/504 Law Assistance with homework Individually prescribed devices Attendants Transportation Scribes or readers for personal use/study Special college classes Personal tutoring

Services provided for all students by most colleges Tutoring – many times free to all students Peer Mentor Programs Counseling/Advising Career Center Personal help from instructor during office hours

How do we use this knowledge to guide us in the here and now?

What Should High School Special Education Students Be Doing Now? Take as difficult classes as possible Know disability and be able to speak about it to others Know strengths and weaknesses (great self concepts vs. reality) Assess skills – computers, study skills, writing, math, people

What should high school Special Education students be doing now Have an organizational plan for assignments – planner, calendar, etc. Understand time management Learn strategies – writing (both sentence and paragraph), test taking, note taking Think about a career path Have goals Be a self advocate

Encourage Students to: Visit many colleges and technical schools as early as sophomore year Job shadow Take career inventories Attend IEP Meetings Take the ACT – to get an idea of skills and abilities

What is Self-Advocating Being able to explain to teachers what is needed Understanding Ability Being willing to stand up for self and what is deserved under the law Knowing where to go for help

Narrow in on College Admissions Four year – GPA, ACT scores, transcripts, class rank Two Year – Open door policy (in MN) Must have high school diploma or GED BUT actual course placement based on ACT scores or Placement test results Technical College – open door. More career oriented programs

Guiding Questions What type of documentation do you have for your student? How up-to-date is it? What type of accommodations are essential to your student? What accommodations can be accommodated in different ways? In what ways can you encourage your student’s self-advocacy?