SERVICE LEARNING & FACULTY

PSE Capacity-Building SummitMarch 23, 2012DISABILITY SERVICES: Transitioning From Public School to Higher EducationTHE LAW!Section 504 of the Rehabilitation Act of 1973

Americans with Disabilities Act of 1990

ADA Amendments Act

NC Bill 866

504 & ADA...are civil rights statutes designed to prevent discrimination against students with disabilities.

Section 504Forbids discrimination against persons with disabilities by programs and activities receiving federal fundsFirst civil rights statute designed to prevent discrimination against persons with disabilities

4Pell Grant, Workstudy, SEOG, PerkinsSection 504The objective of 504 is to ensure that people with disabilities have opportunities and access to the benefits of all federally funded programs and activities.

Americans with Disabilities ActRequires that people with disabilities not be excluded from participation in, or be denied the benefits of, or be subjected to discrimination.

Does not require the institution receive federal financial assistance.

ADAProvides clear enforceable standards addressing discrimination against individuals with disabilities by ensuring the federal government plays a significant role.

Implications of 504 & ADAThose who have qualified for admissions have a right to be in higher education.

Once admitted, students have a right to access academic and nonacademic programs.

8Covers Basic Skills, Curriculum and Con. Ed.Implications of 504 & ADAQualified students are eligible to receive reasonable accommodations that relate to their disabilities.Students have a right to confidentiality of all disability related information.Guarantees ACCESS - NOT success!

ADA Amendments ActSenate Bill S. 3406 broadens coverage of the ADA and Section 504 of the Rehabilitation Act in four key areas.

Definition of disability gives broader coverage and includes episodic and remission impairmentsMajor life activities includes learning, thinking, concentrating, bodily functions, etcMitigating circumstances cant consider auxiliary aids, learned behavior, assistive devices, etcIndividuals regarded as disabled does not have to limit or be perceived to limit a major life activity.

NC - Senate Bill 866Guarantees the right to persons with disabilities in accessing electronic information, including web sites, computers in public libraries, etc. This bill requires compliance by municipalities, counties, community colleges, universities and any agencies in state government.

DOCUMENTATIONDocumentationPurpose.To establish that an individual has a disabilityTo describe and document the functional impact of the disability for use in establishing the need for and design of accommodations

DocumentationAs suggested by the Association of Higher Education and Disabilities (AHEAD)

Should include.The credentials of the diagnosing professionalsStatement identifying the disability, date of the most current diagnostic evaluation, and the date of the original diagnosisDescription of the diagnostic tests, methods, and/or criteria used

14Should not be a Relative

DocumentationDescription of the current functional impact of the disability which includes specific test results and the examiners interpretationDescription of the expected progression or stability of the impact of the disability over timeDescription of current and past accommodations, services and/or medicationsRecommendations for accommodations, adaptive devices, assistive services, compensatory strategies, and/or collateral support service

15According to the disability, does NOT need updating every 3 yearsStanly student Degenerative Nerve ProblemACCOMMODATIONSAccommodationsPurposeis not to improve chances of being successful, but rather to assure equal access to the opportunity, allowing the student to show whether he/she can be successful

Guarantees access, not success.AccommodationsColleges must look at each individual disability and the functional impact of the disability for each student. (case-by-case and class-by-class)Colleges must provide reasonable accommodations to ensure equal access.

AccommodationsThe process of making accommodations should... follow institutional policies and proceduresSyllabus statement (college policy?)involve personnel from the Disability Services Office...not allow for individuals to make decisions concerning reasonable accommodations without regard to campus policy and at the exclusion of the Disability Services OfficeSalome Heyward, 1998

19Colleges should have a published policy and grievance policy. (ADA)Due Process

Accommodationsgive primary consideration to the students requestADA, Title II, Part 35, Subpart E, Sec. 35.160(2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.communicate with facultymake sure the accommodation is reasonable.

AccommodationsAn accommodation is not reasonable if it causes...a direct threat to the health and safety to othersa substantial change in an essential element of curriculuma substantial alteration in the manner in which services are providedan undue financial or administrative burden

21Allied Health student in clinicalIndividual has a right to put own self at risk but NOT othersClass substitution (Electronic Eng. Student wants to substitute Philosophy class for a Electronics class)LD student needs additional time to read. May have up to 90 minutes to read reference materials on reserve in library instead of regular 60 mins. NOT reasonable to expect library to stay open an extra 30 min. in order to have 90 mins to read.Total college budgetIn 20 years of case law, federal gov. has never allowed a college to refuse to provide accommodations based solely on cost. NEVER!AccommodationsExamples of reasonable accommodations...Extended time for tests (allowing a specific amount of extra time allows the student to focus on the test not the clock, and lessens the chance that anxiety or other symptoms will interfere with performance)Tape recorders/laptop computersVisual aids/handoutsConcise oral instructionsReading list in advanceSeating in front rowAccommodationsClear black print on white or pale yellow paperAdvance notice of class scheduling changeComputer software to enlarge printNotetakersClosed circuit TVInterpretersFlexible attendanceInstructions and demonstrations presented in more than one way

TRANSITION ISSUES

IDEAIDEA requirements apply to state education agencies, school districts and other public agencies that serve IDEA eligible children. Institutions of postsecondary education have no legal obligations under IDEA.Dear Colleague Letter, March 16, 2007DocumentationPublic SchoolI.E.P.school provides evaluation at no cost to studentSchool retests over timeCollegeVaries depending on the disability and must include testing documentationStudent must provide the evaluation at his own expenseStudent provides retesting

ResponsibilitiesHigh SchoolsStudentIdentified by schoolSchool sets up accommodationsParentHas access to student recordsParticipates in accommodationsMandatory involvementCollegeStudentSelf-identifies to Disability Services OfficeResponsible for securing accommodationsParentNo access to student records without consentStudent requests accommodationsStudent is self-advocateResponsibilitiesHigh SchoolInstructorModification of curriculumUse of multi-sensory approachWeekly testing, mid-term, final and graded assignmentsAttendance taken and reportedCollegeInstructorNot required to modify curriculumMulti-sensory not required. Lecture is predominantMay test sporadicallyAttendance often not taken but student can be dropped after missing 10%

Grades & ConductHigh SchoolGrades modified based on curriculum

Disruptive conduct may be accepted

CollegeGrades reflect the quality of work submitted

Student who are disruptive and unable to abide by the colleges code of conduct are deemed not qualified and can be dismissed

SummaryHigh SchoolIDEA is about SuccessHigh school is mandatory and freeCollegeADA & 504 are about AccessPostsecondary is voluntary and expensiveResourceshttp://telr.osu.edu/fame/http://www.arcc.mnscu.edu/studentservices/disabilities_guide.cfmhttp://www.usdoj.gov/crt/ada/adahom1.htmhttp://www.ahead.org/http://www.ed.gov/about/offices/list/ocr/index.htmlKaren YerbyAssociate DirectorStudent Development ServicesNCCCS919-807-7107yerbyk@nccommunitycolleges.edu