Part 20: Disability Services
for Postsecondary Education
More
and more high school students with disabilities are planning to continue their
education in postsecondary schools. 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) 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
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. Unlike your high school, your postsecondary school is not required
to provide Free Appropriate Public Education (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.
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.
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://wdcrobcolp01.ed.gov/Programs/EROD/org_list.cfm?category_cd=SVR.
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.
For additional
questions and answers go to: Office for
Civil Rights Students with Disabilities Preparing for Postsecondary
Education http://www.ed.gov/print/about/offices/list/ocr/transition.html
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
Phone: 1-800-421-3481
TDD: 1- 877-521-2172
Email: ocr@ed.gov
Internet home page: http://www.ed.gov/ocr
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"College Tips" columns are available at http://www.newstribune.info
WV
Potomac State College of West Virginia University at http://www.potomacstatecollege.edu
or (304-788-6820 or toll free:
Eastern Community and