1. Rising to the Challenge of Transitioning from High School to Higher Education November 21, 2008 Debra Spotts Merchant, JD University of Cincinnati

2. Federal Laws The Individuals with Disabilities Education Act (IDEA) of 1990 and the amendments of 1997 The Individuals with Disabilities Education Act (IDEA) of 1990 and the amendments of 1997 Section 504 of the Rehabilitation Act of 1973 (504) Section 504 of the Rehabilitation Act of 1973 (504) Title II of the Americans with Disabilities Act (ADA) of 1990 Title II of the Americans with Disabilities Act (ADA) of 1990

3. Legal Transition K-12 Postsecondary Entitlement  Civil Rights Entitlement  Civil Rights Services  Accommodation Services  Accommodation Success  Access Success  Access

4. Section 504 and the ADA No otherwise qualified individual with a disability shall, solely by reason of his/her disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a public entity. No otherwise qualified individual with a disability shall, solely by reason of his/her disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a public entity.

5. How is disability defined under the ADA? A person who: ■ Has a physical or mental impairment that substantially limits one or more life activities ■ Has a record of such an impairment ■ Is regarded as having such impairment

6. Determining Eligibility for Services in College Documentation! Documentation! Documentation!! Documentation!! Documentation!!! Documentation!!! Documentation is required to verify the presence of a disability AND the need for accommodation.

7. 7 Essential Elements of Quality Disability Documentation* Must be from a qualified professional Must be from a qualified professional Includes a diagnostic statement identifying the disability Includes a diagnostic statement identifying the disability Contains a description of the diagnostic methodology used Contains a description of the diagnostic methodology used Describes current functional limitations Describes current functional limitations Describes expected progression or stability of the disability Describes expected progression or stability of the disability Describes current & past accommodations, services and/or medications Describes current & past accommodations, services and/or medications Includes recommendations for accommodations or services Includes recommendations for accommodations or services * Adapted from AHEAD website

8. From here (HS) to there (College) IDEA Transition & Evaluation requirements   Transition planning must begin no later than age 16 (or younger if appropriate).   Reevaluation must occur at least once every three years UNLESS parent and school agree otherwise.   ASK for a reevaluation.

9. Differences between HS and College Changes in Academic Environment Changes in Teacher-Student Relationship Changes in Student Expectations

10. Student Rights and Responsibilities Students have the right to equal access to programs, courses, facilities, activities, reasonable/appropriate accommodations Students have the responsibility to Meet admission, academic and technical standards Self disclose the disability in a timely manner in order to receive accommodations Provide documentation

11. Rights and Responsibilities of Colleges Colleges have the right to require documentation, identify appropriate accommodations and services, deny requests not supported by documentation Colleges have the responsibility to provide accommodations in a timely manner, refuse accommodation that – Pose a direct threat to the health & safety of others Constitute a substantial change to essential course elements Substantially alter how the programs/services are provided Poses undue financial hardship or administrative burden to the institution

12. Check out ALL of your options! Technical or vocational programs Two-Year colleges Four-Year colleges/universities Public vs Private colleges/universities Post-secondary institutions with a specialized focus