1. 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

2. Let’s begin by talking about Language

3. 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.

4. 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

5. 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

6. 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

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

8. 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)

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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

18. 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

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

20. 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

21. 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

22. 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

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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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?