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Rising to the Challenge of Transitioning from High School to Higher Education November 21, 2008 Debra Spotts Merchant, JD University of Cincinnati. Federal Laws. The Individuals with Disabilities Education Act (IDEA) of 1990 and the amendments of 1997
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Rising to the Challenge of Transitioning from High School to Higher Education November 21, 2008 Debra Spotts Merchant, JD University of Cincinnati
Federal Laws • The Individuals with Disabilities Education Act (IDEA) of 1990 and the amendments of 1997 • Section 504 of the Rehabilitation Act of 1973 (504) • Title II of the Americans with Disabilities Act (ADA) of 1990
Legal TransitionK-12 Postsecondary • Entitlement Civil Rights • Services Accommodation • Success Access
Section 504 and the ADA • No otherwise qualified individual with a disability shall, solely by reason of his/her disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a public entity.
How is disability defined under the ADA? A person who: ■ Has a physical or mental impairment that substantially limits one or more life activities ■ Has a record of such an impairment ■ Is regarded as having such impairment
Determining Eligibility for Services in College • Documentation! • Documentation!! • Documentation!!! Documentation is required to verify the presence of a disability AND the need for accommodation.
7 Essential Elements of Quality Disability Documentation* • Must be from a qualified professional • Includes a diagnostic statement identifying the disability • Contains a description of the diagnostic methodology used • Describes current functional limitations • Describes expected progression or stability of the disability • Describes current & past accommodations, services and/or medications • Includes recommendations for accommodations or services * Adapted from AHEAD website
From here (HS) to there (College) IDEA Transition & Evaluation requirements • Transition planning must begin no later than age 16 (or younger if appropriate). • Reevaluation must occur at least once every three years UNLESS parent and school agree otherwise. • ASK for a reevaluation.
Differences between HS and College Changes in Academic Environment Changes in Teacher-Student Relationship Changes in Student Expectations
Student Rights and Responsibilities • Students have the right to equal access to programs, courses, facilities, activities, reasonable/appropriate accommodations • Students have the responsibility to • Meet admission, academic and technical standards • Self disclose the disability in a timely manner in order to receive accommodations • Provide documentation
Rights and Responsibilities of Colleges • Colleges have the right to require documentation, identify appropriate accommodations and services, deny requests not supported by documentation • Colleges have the responsibility to provide accommodations in a timely manner, refuse accommodation that – • Pose a direct threat to the health & safety of others • Constitute a substantial change to essential course elements • Substantially alter how the programs/services are provided • Poses undue financial hardship or administrative burden to the institution
Check out ALL of your options! • Technical or vocational programs • Two-Year colleges • Four-Year colleges/universities • Public vs Private colleges/universities • Post-secondary institutions with a specialized focus