Students with Disabilities Transition into College Prepared by the ND Colleges and Universities Disability Services Council February 2007

The Laws are Different… The laws that govern post secondary are civil rights statutes which prohibit discrimination on the basis of disability – Section 504 of the Rehabilitation Act of 1973 Mandates “equal access” to education programs that receive federal dollars – Americans with Disabilities Act of 1990 (ADA) Extends protection from educational programs receiving federal dollars to the private sector

ADA Definition of a Disability “…a mental or physical impairment that substantially limits an individual in one or more major life activities.” (e.g., walking, seeing, learning)

IDEA vs. Section 504 and ADA IDEA =vs.Section 504 and ADA = Successvs.Access Servicesvs.Accommodations What does “equal access” mean?

Colleges & Universities Provide… academic accommodations - provisions made in HOW a student accesses or demonstrates learning…. …not academic modifications - changes in WHAT a student is expected to learn and demonstrate

The Services Are Different… Purpose of the Accommodation – To remove a barrier that limits access to the learning environment/activity Determination of the Accommodation – Based on Functional Limitations of the disability – In discussion with student, identify specific accommodations – Cannot fundamentally alter course or program – Made on case by case and course by course basis Examples of Accommodations – Print and audio format – Scribe – Extended time – Distraction reduced environment – Texts in alternate format – Note taker – ASL interpreters

Student Rights Are Different… Students have the right to: – Equal access to Courses Programs Services Jobs Activities, and Facilities – Reasonable and appropriate accommodations – Academic adjustments, and/or – Auxiliary aids

Rights Are Different… Colleges have the right to: – Request current documentation of disability – Select appropriate accommodations, and/or auxiliary aids for each student on a case by case, course by course basis. Determination based on discussions with student and functional limitations described in documentation – Deny a request if the need is not supported by documentation. **“Student’s and Colleges’ Rights and Responsibilities”

Responsibilities Are Different… Students have the responsibility to: – Meet the college program’s essential technical standards – Self disclose the disability in a timely manner when requesting accommodations – Provide documentation that states the diagnosis, describes the functional limitations and justifies specific accommodation needs

Responsibilities Are Different… Colleges have the responsibility to: – Respond to accommodation requests in a timely manner – Refuse accommodations that – Pose a direct threat to the health & safety of others Constitute a substantial change to the essential course elements Substantially alters how the services or educational opportunities are delivered Pose undue financial hardship or administrative burden to the institution

Post-Secondary Institutions Are NOT Required To: Reduce or waive essential requirements of a course or program Conduct testing of learning, psychological or medical disabilities Provide personal attendants Provide personal or private tutors Prepare Individual Education Program (IEP)

Confidentiality Is Different… Individuals considered adults – FERPA protection – college personnel cannot discuss disability without written permission Third-party medical records HIPPA – college personnel cannot release third-party medical documentation

Two Year & Four Year Institutions are Different… Two Year – Open Enrollment – Provide preparatory/remedial courses and curriculums – Academic support services are centralized in one learning center Four Year – Admission requirements- exceptions to requirements – No preparatory/remedial courses unless part of a federal grant program – Academic support services may be decentralized

Resources are Different in Postsecondary… Vocational Rehabilitation (“VR”) – Students on IEP or 504 Plans should be referred to VR in JUNIOR YEAR. VR may be able to assist with college costs, equipment, or assistive technology when related to the disability and the career goal.

Financial Resources are Different… Students are responsible to secure funding to pay for college education – Possible Funding Sources Federal Financial Aid (FAFSA) Scholarships for Students with Disabilities ** Nat’l Clearinghouse on Post-Secondary Ed for Individuals with Disabilities

Putting it All Together Students need to become SELF ADVOCATES. Know: – How the disability affects them – Accommodations needed – Differences in the laws, and – Rights and responsibilities as adults and college students Colleges provide equal access to programs and facilities. They DO NOT ensure student success. Student must self disclose disability to the disability services offices and initiate accommodation request.