Margaret Rose McDonnell Kathleen A. Rinehart

1. Students With Disabilities: Responsibilities and Opportunities As One Transitions from High School to College Margaret Rose McDonnell Kathleen A. Rinehart

2. A Brief Refresher… • The IDEA – • Applies from birth to age 21, or until the student receives the regular education diploma • Schools have an obligation to conduct a “child find” to locate, identify and evaluate children suspected of needing special education and related services • A team of qualified individuals, including parent(s) and child, where appropriate, develops an Individualized Education Plan (IEP) for the student

3. A Brief Refresher… • Provides access to the school’s general curriculum • Provides support and services in the least restrictive environment so that students can receive a Free Appropriate Public Education (FAPE) • The IEP is designed to enable students to obtain some educational benefit; to maximize the student’s potential • The IEP must be reviewed annually • The School is responsible to ensure that the IEP is appropriate and implemented • Parental consent is required for evaluations and the development of the first IEP; when student is 18, he/she has standing

4. A Brief Refresher… • US Department of Education monitors States • States monitor local education agencies • A written complaint with a State triggers an investigation • Complaints are managed by the Office for Civil Rights • Parent may request a due process hearing • Appeals are taken to State or federal courts • No monetary damages • Compensatory education as a remedy

5. A Brief Refresher… • The ADA/Section 504 – • No age limitation • Student is required to provide evaluative information regarding a disability at one’s own expense • Disability: A physical or mental impairment that substantially limits a major life activity • No “child find” obligation, but an institution must provide effective notice of the availability of reasonable accommodations • Institution decides eligibility for reasonable accommodation

6. A Brief Refresher… • Prohibition of unlawful discrimination based upon one’s disability • Student must be otherwise qualified to meet academic and technical standards in a program – with or without reasonable accommodation • The institution is not required to: provide personal services, lower its academic/program standards, or establish accommodations that create an undue burden • Institutions may require a student to ensure that reasonable accommodations provided are implemented and to notify responsible officials when they are not

7. A Brief Refresher… • Protections Unique to the IDEA – • Specially designed instruction via the IEP • Provision of related services, such as counseling, physical and speech therapy, transportation, supplementary aids in the form of personal care attendants and nursing services • Prohibition against the removal of students from school for disability-related misconduct • School must continue to provide education and related services so the student can make progress • Conduct of a functional behavioral assessment, when necessary • Modification of conduct codes to address the disability-related misconduct

8. A Brief Refresher… • Protections Unique to the ADA/Section 504 – • No unlawful discrimination • No retaliatory conduct in response to requests for reasonable accommodation or complaints for failure to abide by institutional policies and applicable law • Expected compliance with provisions requiring physical access to institutional facilities

9. Expectations, Recommendations and Best Practices • Understand the legal differences between the IDEA and the ADA/Section 504 • Parental vs. student expectations • Parents want to play an ongoing role • Students may resist reaching out for services, or may not appropriately advocate for themselves • Recognition of the need to identify the need for services as early as possible, provide required medical documentation where necessary • Understand the nature of what constitutes a reasonable accommodation

10. Expectations, Recommendations and Best Practices • Understand that, based upon the nature of one’s disability, a student may not be otherwise qualified for entry into certain academic programs and/or activities • Understand that the ADA/Section 504 typically is not operative outside the United States and may have an impact on one’s participation in certain study abroad programs and/or activities

11. Expectations, Recommendations and Best Practices • Understand that the institution has no obligation to provide personal services • Understand that qualification for financial aid in the form of loans or scholarships may be impacted if a student is unable to take a full course load • Understand the role of the institution’s Code of Conduct and that no Behavioral Management Plans will be developed

12. Expectations, Recommendations and Best Practices • Ensure that appropriate documentation is provided to the Director of Disability Services as soon as possible • Identify the courses/activities for which reasonable accommodations will be sought • Make sure that reasonable accommodations are sought on a semester basis • Understand what does or does not have to be shared with instructors/others on campus • Understand one’s rights as well as one’s responsibilities

13. Expectations, Recommendations and Best Practices • Examples of common postsecondary academic accommodations: • Priority registration • Note takers, lab assistants, readers, sign language, interpreters • Exam modifications, such as additional time for exams, private/quiet rooms, readers/scribes, use of computer/calculator • Texts in alternative format • Accessible classrooms

14. Expectations, Recommendations and Best Practices • Examples of common postsecondary nonacademic reasonable accommodations: • Access to campus transportation • Advanced registration for events or co-curricular activities on or off campus • Appropriate safety and security measures • Captioners or interpreters for University-sponsored events • Special housing requests • Appropriate special parking • Utilization of service animals • Accessible classrooms and University-sponsored event sites

15. QUESTIONS?