|
Office for Students with Disabilities
Prospective Students
Student Eligiblity
Students seeking accommodations are required to provide recent
documentation from an appropriate health care provider or professional.
Documentation costs are to be paid by the student. If documentation
is incomplete, or otherwise inadequate to determine the disability
and/or reasonable accommodations, the Office for Students with Disabilitieswill
require additional documentation.
To be eligible for disability-related services, students must have
a documented disability as defined by the Federal Rehabilitation
Act of 1973, Section 504, and/or the Americans with Disabilities
Act of 1990 (ADA). A person with a disability is an individual with
a physical or mental impairment that substantially limits one or
more major life activities (i.e. seeing, walking, talking); orhas
a record of such an impairment; or is regarded as having such an
impairment.
This definition includes, but is not limited
to
Transitioning to
College
The transition to college is challenging for all Freshmen and their
families, but more so for students with a disability. There are
different procedures for students seeking accommodations and services
in the college environment. This webpage was created to provide
college bound high school students and their families with information
on the differences between high school and college disability services.
View our video:
The Key to Access: Successful Transitions for Students with Disabilities
(8:30 minutes)
I.D.E.A. vs ADA/Section 504
Students in kindergarten through the twelfth grade who have disabilities
receive services through the federal Individuals with Disabilities
Education Act (IDEA) or the Rehabilitation Act of 1973, Section
504, Subpart D - Preschool, Elementary, and Secondary School. At
the Post-Secondary level, students with disabilities are served
under the federal Rehabilitation Act of 1973, Section 504, Subpart
E - Postsecondary Education, and the Americans with Disabilities
Act (ADA). This chart compares IDEA (kindergarten through 12th grade)
with Section 504 (Subpart E) and the ADA (college):
IDEA (kindergarten through 12th grade) compared to
Section 504 and ADA (university)
TYPE OF STATUTE
IDEA (kindergarten through 12th grade)
Provides funding to states to ensure provision of free appropriate
public education for children with disabilities
Section 504 and ADA (university)
Civil Rights statutes protecting persons with disabilities from
discrimination
MAIN PROVISIONS
IDEA
Establishes procedural safeguards and the right to free appropriate
public education in the least restrictive environment
Section 504 and ADA
Because of a disability, a qualified person cannot be: excluded
from participation in, denied benefits of or be subjected to discrimination
by any services, program or activity
WHO IS PROTECTED
IDEA
Children falling into the 13 categories listed in the IDEA and requiring
special educational services to benefit from an education
Section 504 and ADA
Any person with a physical or mental impairment that substantially
limits a major life activity
EXTENT OF OBLIGATION
IDEA
Free appropriate public education ensuring a meaningful benefit
from education
Section 504 and ADA
Equivalent access to educational and extracurricular programs
DELIVERY METHOD
IDEA
Individualized Education Plan (IEP)
Section 504 and ADA
No formal plan. Worked out on a case-by-case basis with the institution's
Student Disability Services Office
SERVICES AVAILABLE
IDEA
Supplemental Aides and Services
Occupational Therapy
Speech and Language Therapy
Notetakers
Counseling
Tutoring
Resource Room
Paraprofessional Aides
Testing Modifications
Adaptive Equipment
Section 504 and ADA
Reasonable Accommodations and Academic Adjustments
Notetakers
Interpreters for deaf students
Testing Accommodations
Priority Registration
Real-Time Translation (CART)
Note: Specialized counseling, tutoring, and personal aides are NOT
required by Section 504 or ADA, but access to these services where
provided to others is required.
STUDENT'S RESPONSIBILITY
IDEA
Do one's best
Section 504 and ADA
Disclose disability
Provide documentation
Facilitate provision of reasonable accommodations
Attend class
Use accommodations appropriately
Speak up if trouble arises
The law does not require parental involvement and such involvement
is discouraged in college (because the student is an adult).
ENFORCEMENT
IDEA
Due Process:
(1) impartial hearing;
(2) state review (appeal) (for those states that have a two-tiered
process); then
(3) federal court
Section 504 and ADA
Internal grievance procedure and/or complaint to the federal Office
of Civil Rights and/or go directly to federal courts
FUNDING
IDEA
Federal funds to states to support special education programs
Section 504 and ADA
No funding attached.
Costs are incurred by the institution.
GRIEVANCE
IDEA
Administrative due process procedures as outlined in state education
law
Section 504 and ADA
Internal grievance or federal Office of Civil Rights
CAVEATS
IDEA
If it's not on the IEP you won't receive it
Section 504 and ADA
Accommodations must be reasonable.
As circumstances warrant, accommodations may change over time.
There is no "plan" to be set up and trial and error may be a necessary
part of the process. Universities are not required to "fundamentally
alter" their programs or incur "undue hardship"
Source: Jo Anne Simon, Esq.
|