Disability Guidelines
Individuals with disabilities are arriving in higher education in ever-growing numbers. Federal laws are in place to protect the rights of individuals with disabilities, but the laws are different for college students and for high school students. Please view this comparison chart, which explains the differences between the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA) and Section 504 of the Civil Rights Act (Section 504). The chart is very helpful in determining the rights and responsibilities of the individual as well as the rights and responsibilities of the educational institution.
As you study the chart, you will see that individuals with disabilities have many more protections under IDEA than under the ADA or Section 504. There is also a shift in the intent or emphasis of the laws from guaranteeing success in educational programs to guaranteeing access to educational programs. This is a very important distinction and results in college students having to be more proactive in their education than they were as high school students. As a high school counselor, special education counselor or college counselor or advisor, it is important for you to realize the differences in the laws because those differences greatly affect the way a student with a disability will be treated. More importantly, the differences will greatly affect the way the student with a disability will expect to be treated and the level of services he or she will expect to receive.
IDEA guarantees that the individual with a disability will receive a free and appropriate public school education in the least restrictive environment. IDEA requires schools to search out individuals with disabilities to serve and requires schools to develop an individual education plan (IEP) that will describe the courses the student must take and the skills the student must master in the course. Under IDEA, course content and skills can be modified for a student with a disability so the student may not have to master all the skills other students in the same class have to master. A school administrator must meet with parents and teachers to talk about the student's progress, recommend an IEP, and prescribe special accommodations, modifications, support services and supplemental aids. This "specialized care" changes after the student graduates from high school and arrives at college.
Institutions of higher education are required by federal law (the ADA and Section 504) not to discriminate against individuals with disabilities or deny access to their programs, but they are not required to modify their standards or programs to compensate for a student's disability. More specifically, an institution of higher education must ensure that its buildings and programs are accessible to otherwise qualified individuals with disabilities, but it is not required to design a specialized education plan for a person with a disability and guarantee that the student will succeed in the program.
An institution of higher education will not ask students if they have a disability, even if it is an obvious one, nor will they conduct an assessment to determine the existence of a disability or the extent to which it will affect the student's ability to succeed in a class or program. This is one of the more apparent differences between ADA and IDEA requirements and may come as a surprise to students who are accustomed to the services under IDEA. In high school, the school district was responsible for making sure all of the services and programs the student needed were provided free of charge. Colleges and universities are concerned with not violating a student's right to privacy. They are also concerned that they do not make decisions about a student in a manner that makes it appear that knowledge of the disability influenced their decision. Admissions offices, for example, would prefer not to know if a student has a disability when determining if the student is qualified for admission to the college or university. If the student is denied admission, it must not be based on the student's disability. This procedure helps institutions avoid suspicion of discrimination.
Students, therefore, must be proactive. They must notify the college of their disability through appropriate channels, especially if they might require special accommodations or academic aids. Every college and university has an office for students with disabilities. This office is usually located in the counseling office. It is important for students with disabilities to find this office, find out what services are offered, and what documentation the student needs to provide to get services. The office will advocate for the student and help with his or her transition to higher education, but only if the student goes through the proper channels, gives the institution sufficient notice of their disability, and takes the time to make the necessary arrangements with instructors.
HCC's documentation policy statements and forms are provided by the Educational Testing Service.
