This may be relevant to your children. Thanks to Cindy Charlton for passing it on.
Lisa Brown, PPA
Students with Disabilities Preparing for Postsecondary Education: Know Your
Rights and Responsibilities
U.S. Department of Education
Office of Civil Rights
Washington, DC 20202
July, 2002
http://www.ed.gov/ocr/transition.html#reproduction
July 2002
More and more high school students with disabilities are planning to
continue their education in postsecondary schools, including vocational and
career schools, two- and four- year colleges, and universities. As a student
with a disability, you need to be well informed about your rights and
responsibilities as well as the responsibilities that postsecondary schools
have toward you. Being well informed will help ensure that you have a full
opportunity to enjoy the benefits of the postsecondary education experience
without confusion or delay.
The Office for Civil Rights (OCR) in the U.S. Department of Education is
providing the information in this pamphlet to explain the rights and
responsibilities of students with disabilities who are preparing to attend
postsecondary schools. This pamphlet also explains the obligations of a
postsecondary school to provide academic adjustments, including auxiliary
aids and services, to ensure that the school does not discriminate on the
basis of disability.
OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and
Title II of the Americans with Disabilities Act of 1990 (Title II), which
prohibit discrimination on the basis of disability. Practically every school
district and postsecondary school in the United States is subject to one or
both of these laws, which have similar requirements.*/
<http://www.ed.gov/ocr/transition.html#note>
Because both school districts and postsecondary schools must comply with
these same laws, you and your parents might believe that postsecondary
schools and school districts have the same responsibilities. This is not
true; the responsibilities of postsecondary schools are significantly
different from those of school districts.
Moreover, you will have responsibilities as a postsecondary student that you
do not have as a high school student. OCR strongly encourages you to know
your responsibilities and those of postsecondary schools under Section 504
and Title II. Doing so will improve your opportunity to succeed as you enter
postsecondary education.
The following questions and answers provide more specific information to
help you succeed.
As a student with a disability leaving high school and entering
postsecondary education, will I see differences in my rights and how they
are addressed?
Yes. Section 504 and Title II protect elementary, secondary and
postsecondary students from discrimination. Nevertheless, several of the
requirements that apply through high school are different from the
requirements that apply beyond high school. For instance, Section 504
requires a school district to provide a free appropriate public education
(FAPE) to each child with a disability in the district's jurisdiction.
Whatever the disability, a school district must identify an individual's
education needs and provide any regular or special education and related
aids and services necessary to meet those needs as well as it is meeting the
needs of students without disabilities.
Unlike your high school, your postsecondary school is not required to
provide FAPE. Rather, your postsecondary school is required to provide
appropriate academic adjustments as necessary to ensure that it does not
discriminate on the basis of disability. In addition, if your postsecondary
school provides housing to nondisabled students, it must provide comparable,
convenient and accessible housing to students with disabilities at the same
cost.
Other important differences you need to know, even before you arrive at your
postsecondary school, are addressed in the remaining questions.
May a postsecondary school deny my admission because I have a disability?
No. If you meet the essential requirements for admission, a postsecondary
school may not deny your admission simply because you have a disability.
Do I have to inform a postsecondary school that I have a disability?
No. However, if you want the school to provide an academic adjustment, you
must identify yourself as having a disability. Likewise, you should let the
school know about your disability if you want to ensure that you are
assigned to accessible facilities. In any event, your disclosure of a
disability is always voluntary.
What academic adjustments must a postsecondary school provide?
The appropriate academic adjustment must be determined based on your
disability and individual needs. Academic adjustments include modifications
to academic requirements and auxiliary aids and services, for example,
arranging for priority registration; reducing a course load; substituting
one course for another; providing notetakers, recording devices, sign
language interpreters, extended time for testing and, if telephones are
provided in dorm rooms, a TTY in your dorm room; and equipping school
computers with screen-reading, voice recognition or other adaptive software
or hardware.
In providing an academic adjustment, your postsecondary school is not
required to lower or effect substantial modifications to essential
requirements. For example, although your school may be required to provide
extended testing time, it is not required to change the substantive content
of the test. In addition, your postsecondary school does not have to make
modifications that would fundamentally alter the nature of a service,
program or activity or would result in undue financial or administrative
burdens. Finally, your postsecondary school does not have to provide
personal attendants, individually prescribed devices, readers for personal
use or study, or other devices or services of a personal nature, such as
tutoring and typing.
If I want an academic adjustment, what must I do?
You must inform the school that you have a disability and need an academic
adjustment. Unlike your school district, your postsecondary school is not
required to identify you as having a disability or assess your needs.
Your postsecondary school may require you to follow reasonable procedures to
request an academic adjustment. You are responsible for knowing and
following these procedures. Postsecondary schools usually include, in their
publications providing general information, information on the procedures
and contacts for requesting an academic adjustment. Such publications
include recruitment materials, catalogs and student handbooks, and are often
available on school Web sites. Many schools also have staff whose purpose is
to assist students with disabilities. If you are unable to locate the
procedures, ask a school official, such as an admissions officer or
counselor.
When should I request an academic adjustment?
Although you may request an academic adjustment from your postsecondary
school at any time, you should request it as early as possible. Some
academic adjustments may take more time to provide than others. You should
follow your school's procedures to ensure that your school has enough time
to review your request and provide an appropriate academic adjustment.
Do I have to prove that I have a disability to obtain an academic
adjustment?
Generally, yes. Your school probably will require you to provide
documentation that shows you have a current disability and need an academic
adjustment.
What documentation should I provide?
Schools may set reasonable standards for documentation. Some schools require
more documentation than others. They may require you to provide
documentation prepared by an appropriate professional, such as a medical
doctor, psychologist or other qualified diagnostician. The required
documentation may include one or more of the following: a diagnosis of your
current disability; the date of the diagnosis; how the diagnosis was
reached; the credentials of the professional; how your disability affects a
major life activity; and how the disability affects your academic
performance. The documentation should provide enough information for you and
your school to decide what is an appropriate academic adjustment.
Although an Individualized Education Program (IEP) or Section 504 plan, if
you have one, may help identify services that have been effective for you,
it generally is not sufficient documentation. This is because postsecondary
education presents different demands than high school education, and what
you need to meet these new demands may be different. Also in some cases, the
nature of a disability may change.
If the documentation that you have does not meet the postsecondary school's
requirements, a school official must tell you in a timely manner what
additional documentation you need to provide. You may need a new evaluation
in order to provide the required documentation.
Who has to pay for a new evaluation?
Neither your high school nor your postsecondary school is required to
conduct or pay for a new evaluation to document your disability and need for
an academic adjustment. This may mean that you have to pay or find funding
to pay an appropriate professional to do it. If you are eligible for
services through your state vocational rehabilitation agency, you may
qualify for an evaluation at no cost to you. You may locate your state
vocational rehabilitation agency through this Department of Education Web
page: http://www.ed.gov/offices/OSERS/RSA/Resources/State/
<http://www.ed.gov/offices/OSERS/RSA/Resources/State/> .
Once the school has received the necessary documentation from me, what
should I expect?
The school will review your request in light of the essential requirements
for the relevant program to help determine an appropriate academic
adjustment. It is important to remember that the school is not required to
lower or waive essential requirements. If you have requested a specific
academic adjustment, the school may offer that academic adjustment or an
alternative one if the alternative also would be effective. The school may
also conduct its own evaluation of your disability and needs at its own
expense.
You should expect your school to work with you in an interactive process to
identify an appropriate academic adjustment. Unlike the experience you may
have had in high school, however, do not expect your postsecondary school to
invite your parents to participate in the process or to develop an IEP for
you.
What if the academic adjustment we identified is not working?
Let the school know as soon as you become aware that the results are not
what you expected. It may be too late to correct the problem if you wait
until the course or activity is completed. You and your school should work
together to resolve the problem.
May a postsecondary school charge me for providing an academic adjustment?
No. Furthermore, it may not charge students with disabilities more for
participating in its programs or activities than it charges students who do
not have disabilities.
What can I do if I believe the school is discriminating against me?
Practically every postsecondary school must have a person--frequently called
the Section 504 Coordinator, ADA Coordinator, or Disability Services
Coordinator-- who coordinates the school's compliance with Section 504 or
Title II or both laws. You may contact this person for information about how
to address your concerns.
The school also must have grievance procedures. These procedures are not the
same as the due process procedures with which you may be familiar from high
school. However, the postsecondary school's grievance procedures must
include steps to ensure that you may raise your concerns fully and fairly
and must provide for the prompt and equitable resolution of complaints.
School publications, such as student handbooks and catalogs, usually
describe the steps you must take to start the grievance process. Often,
schools have both formal and informal processes. If you decide to use a
grievance process, you should be prepared to present all the reasons that
support your request.
If you are dissatisfied with the outcome from using the school's grievance
procedures or you wish to pursue an alternative to using the grievance
procedures, you may file a complaint
<http://www.ed.gov/ocr/complaintintro.html> against the school with OCR or
in a court. You may learn more about the OCR complaint process from the
brochure How to File a Discrimination Complaint with the Office for Civil
Rights, which you may obtain by contacting us at the addresses and phone
numbers below, or at http://www.ed.gov/ocr/docs/howto.html
<http://www.ed.gov/ocr/docs/howto.html> .
If you would like more information about the responsibilities of
postsecondary schools to students with disabilities, read the OCR brochure
Auxiliary Aids and Services for Postsecondary Students with Disabilities:
Higher Education's Obligations Under Section 504 and Title II of the ADA.
You may obtain a copy by contacting us at the address and phone numbers
below, or at http://www.ed.gov/ocr/docs/auxaids.html
<http://www.ed.gov/ocr/docs/auxaids.html> .
Students with disabilities who know their rights and responsibilities are
much better equipped to succeed in postsecondary school. We encourage you to
work with the staff at your school because they, too, want you to succeed.
Seek the support of family, friends and fellow students, including those
with disabilities. Know your talents and capitalize on them, and believe in
yourself as you embrace new challenges in your education.
To receive more information about the civil rights of students with
disabilities in education institutions, contact us at:
Customer Service Team
Office for Civil Rights
U.S. Department of Education
Washington, D.C. 20202-1100
Phone: 1-800-421-3481
TDD: 1- 877-521-2172
Email: ocr@ed.gov <mailto:ocr@ed.gov>
Internet home page: http://www.ed.gov/ocr <http://www.ed.gov/ocr/>