ADA vs. IDEA: What We Need to Teach Students with Disabilities to Expect at a University

1. ADA vs. IDEA: What We Need to Teach Students with Disabilities to Expect at a University Jim Martin & Amber McConnell OU Zarrow Center

2. FAPE vs. Anti-Discrimination • FAPE under IDEA: Modify program to accommodate the student • ADA and Higher Ed: Provide accommodations to remove barriers & meet requirements

3. Postsecondary ADA Quiz

4. 1. As a student with a disability leaves high school and enters postsecondary education, will there be a difference in student rights? Yes! Unlike high school, postsecondary schools are not required to provide FAPE. Rather, postsecondary schools are required to provide appropriate academic accommodations to ensure it does not discriminate on the basis of disability. In addition, if the postsecondary school provides housing to nondisabled students, it must provide comparable, convenient, and accessible housing to students with disabilities at the same cost.

5. 2. 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.

6. 3. Do I have to inform a postsecondary school that I have a disability? No. But 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.

7. 4. What academic adjustments must a postsecondary school provide? The appropriate academic adjustment must be determined based on your disability and individual needs. Examples of common accommodations include: arranging for priority registration; providing note takers, recording devices, sign language interpreters, and extended time for testing

8. When should I request an academic accommodation? You should request it as early as possible. Some academic accommodations may take more time to provide than others. You should follow your school’s procedures to ensure the school has enough time to review your request and provide an appropriate academic accommodation.

9. Do I have to prove that I have a disability to obtain an academic adjustment? Generally, yes. Your school will probably require you to provide documentation showing you have a current disability and need an academic accommodation.

10. What documentation should I provide? Some schools require more documentation than others. The required documentation may include one or more of the following: a diagnosis of your current disability, the date of the diagnosis, how the diagnosis was reached, and the credentials of the diagnosing professional; information on how your disability affects a major life activity; and information on how the disability affects your academic performance. An IEP only is generally not sufficient documentation.

11. 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 accommodations. You may have to pay or find funding to pay an appropriate professional for an evaluation. If you are eligible for services through your state vocational rehabilitation agency, you may qualify for an evaluation at no cost to you.

12. Process to Obtain Accommodations Students Must: Disability service logo • Request services and provide documentation he or she has a disability that: • Substantially limits a major activity. • Shows how student’s ability to function is limited as a result of his or her disability. USDE Office of Civil Rights, 2011

13. Procedure • Contact Disability Service Office for appointment • Bring documentation and discuss your needs to determine reasonable accommodations • Standardized test results; physician assessment • Notify Professors • It’s student choice to disclose disability. • Some DRwillprepare a letter for student to submit to instructor regarding accommodations. Student permission is required to disclose information on his/her disability.

14. Accommodations • Lower or substantially modify essential requirements • Provide modifications that would result in undue financial or administrative burden. • Provide personal attendants or services of a personal nature. Postsecondary institutions are required to provide accommodations to prevent discrimination against a qualified student but not: Section 504 regulations at 34 C.F.R.§ 104.44(a) USDE, Office of Civil Rights

15. Common Accommodations • Assistance with registration/ • Notetakersfor classes • Record classes • Large print books and enlarged handouts • Extended time for exams • Change of location for exams • Priority parking/elevator key • Seating arrangement accommodation • Audio Textbooks • Extended time limits for exams/projects/assignments • Alternative forms for students to demonstrate course mastery • Use of computer software programs or other assistive technology • Reduction in course load