• Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities
    U.S. Department of Education
    Margaret Spellings
    Secretary
    Office for Civil Rights
    Stephanie Monroe
    Assistant Secretary
    First published July 2002. Reprinted May 2004.
    Revised May 2005 and June 2006 and March 2007.

    U.S. Department of Education
    Office for Civil Rights
    Washington , D.C. 20202

    March 2007

    More and more high school students with disabilities are planning to continue their education in postsecondary schools, including vocational and career schools, two- and four- year colleges, and universities. As a student with a disability, you need to be well informed about your rights and responsibilities as well as the responsibilities postsecondary schools have toward you. Being well informed will help ensure you have a full opportunity to enjoy the benefits of the postsecondary education experience without confusion or delay.

    The information in this pamphlet, provided by the Office for Civil Rights (OCR) in the U. S. Department of Education, explains the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools. This pamphlet also explains the obligations of a postsecondary school to provide academic adjustments, including auxiliary aids and services, to ensure the school does not discriminate on the basis of disability.

    OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which prohibit discrimination on the basis of disability. Practically every school district and postsecondary school in the United States is subject to one or both of these laws, which have similar requirements.*/

    Although both school districts and postsecondary schools must comply with these same laws, the responsibilities of postsecondary schools are significantly different from those of school districts.

    Moreover, you will have responsibilities as a postsecondary student that you do not have as a high school student. OCR strongly encourages you to know your responsibilities and those of postsecondary schools under Section 504 and Title II. Doing so will improve your opportunity to succeed as you enter postsecondary education.

    The following questions and answers provide more specific information to help you succeed.

    As a student with a disability leaving high school and entering postsecondary education, will I see differences in my rights and how they are addressed?

    Yes. Section 504 and Title II protect elementary, secondary and postsecondary students from discrimination. Nevertheless, several of the requirements that apply through high school are different from the requirements that apply beyond high school. For instance, Section 504 requires a school district to provide a free appropriate public education (FAPE) to each child with a disability in the districts jurisdiction. Whatever the disability, a school district must identify an individuals education needs and provide any regular or special education and related aids and services necessary to meet those needs as well as it is meeting the needs of students without disabilities.

    Unlike your high school, your postsecondary school is not required to provide FAPE. Rather, your postsecondary school is required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability. In addition, if your postsecondary school provides housing to nondisabled students, it must provide comparable, convenient and accessible housing to students with disabilities at the same cost.

    Other important differences you need to know, even before you arrive at your postsecondary school, are addressed in the remaining questions.

    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.

    Do I have to inform a postsecondary school that I have a disability?

    No. However, 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.

    What academic adjustments must a postsecondary school provide?

    The appropriate academic adjustment must be determined based on your disability and individual needs. Academic adjustments may include auxiliary aids and modifications to academic requirements as are necessary to ensure equal educational opportunity. Examples of such adjustments are arranging for priority registration; reducing a course load; substituting one course for another; providing note takers, recording devices, sign language interpreters, extended time for testing and, if telephones are provided in dorm rooms, a TTY in your dorm room; and equipping school computers with screen-reading, voice recognition or other adaptive software or hardware.

    In providing an academic adjustment, your postsecondary school is not required to lower or effect substantial modifications to essential requirements. For example, although your school may be required to provide extended testing time, it is not required to change the substantive content of the test. In addition, your postsecondary school does not have to make modifications that would fundamentally alter the nature of a service, program or activity or would result in undue financial or administrative burdens. Finally, your postsecondary school does not have to provide personal attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature, such as tutoring and typing.

    If I want an academic adjustment, what must I do?

    You must inform the school that you have a disability and need an academic adjustment. Unlike your school district, your postsecondary school is not required to identify you as having a disability or assess your needs.

    Your postsecondary school may require you to follow reasonable procedures to request an academic adjustment. You are responsible for knowing and following these procedures. Postsecondary schools usually include, in their publications providing general information, information on the procedures and contacts for requesting an academic adjustment. Such publications include recruitment materials, catalogs and student handbooks, and are often available on school Web sites. Many schools also have staff whose purpose is to assist students with disabilities. If you are unable to locate the procedures, ask a school official, such as an admissions officer or counselor.

    When should I request an academic adjustment?

    Although you may request an academic adjustment from your postsecondary school at any time, you should request it as early as possible. Some academic adjustments may take more time to provide than others. You should follow your schools procedures to ensure that your school has enough time to review your request and provide an appropriate academic adjustment.

    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 that shows you have a current disability and need an academic adjustment.

    What documentation should I provide?

    Schools may set reasonable standards for documentation. Some schools require more documentation than others. They may require you to provide documentation prepared by an appropriate professional, such as a medical doctor, psychologist or other qualified diagnostician. 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; the credentials of the professional; how your disability affects a major life activity; and how the disability affects your academic performance. The documentation should provide enough information for you and your school to decide what is an appropriate academic adjustment.

    Although an individualized education program (IEP) or Section 504 plan, if you have one, may help identify services that have been effective for you, it generally is not sufficient documentation. This is because postsecondary education presents different demands than high school education, and what you need to meet these new demands may be different. Also in some cases, the nature of a disability may change.

    If the documentation that you have does not meet the postsecondary schools requirements, a school official should tell you in a timely manner what additional documentation you need to provide. You may need a new evaluation in order to provide the required documentation.

    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 adjustment. This may mean that you 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. You may locate your state vocational rehabilitation agency through the following Web page: http://www.jan.wvu.edu/SBSES/VOCREHAB.HTM.

    Once the school has received the necessary documentation from me, what should I expect?

    The school will review your request in light of the essential requirements for the relevant program to help determine an appropriate academic adjustment. It is important to remember that the school is not required to lower or waive essential requirements. If you have requested a specific academic adjustment, the school may offer that academic adjustment or an alternative one if the alternative would also be effective. The school may also conduct its own evaluation of your disability and needs at its own expense.

    You should expect your school to work with you in an interactive process to identify an appropriate academic adjustment. Unlike the experience you may have had in high school, however, do not expect your postsecondary school to invite your parents to participate in the process or to develop an IEP for you.

    What if the academic adjustment we identified is not working?

    Let the school know as soon as you become aware that the results are not what you expected. It may be too late to correct the problem if you wait until the course or activity is completed. You and your school should work together to resolve the problem.

    May a postsecondary school charge me for providing an academic adjustment?

    No. Furthermore, it may not charge students with disabilities more for participating in its programs or activities than it charges students who do not have disabilities.

    What can I do if I believe the school is discriminating against me?

    Practically every postsecondary school must have a personfrequently called the Section 504 Coordinator, ADA Coordinator, or Disability Services Coordinator who coordinates the schools compliance with Section 504 or Title II or both laws. You may contact this person for information about how to address your concerns.

    The school must also have grievance procedures. These procedures are not the same as the due process procedures with which you may be familiar from high school. However, the postsecondary schools grievance procedures must include steps to ensure that you may raise your concerns fully and fairly and must provide for the prompt and equitable resolution of complaints.

    School publications, such as student handbooks and catalogs, usually describe the steps you must take to start the grievance process. Often, schools have both formal and informal processes. If you decide to use a grievance process, you should be prepared to present all the reasons that support your request.

    If you are dissatisfied with the outcome from using the schools grievance procedures or you wish to pursue an alternative to using the grievance procedures, you may file a complaint against the school with OCR or in a court. You may learn more about the OCR complaint process from the brochure How to File a Discrimination Complaint with the Office for Civil Rights, which you may obtain by contacting us at the addresses and phone numbers below, or at http://www.ed.gov/ocr/docs/howto.html.

    If you would like more information about the responsibilities of postsecondary schools to students with disabilities, read the OCR brochure Auxiliary Aids and Services for Postsecondary Students with Disabilities: Higher Education's Obligations Under Section 504 and Title II of the ADA. You may obtain a copy by contacting us at the address and phone numbers below, or at http://www.ed.gov/ocr/docs/auxaids.html.

    Students with disabilities who know their rights and responsibilities are much better equipped to succeed in postsecondary school. We encourage you to work with the staff at your school because they, too, want you to succeed. Seek the support of family, friends and fellow students, including those with disabilities. Know your talents and capitalize on them, and believe in yourself as you embrace new challenges in your education.

    To receive more information about the civil rights of students with disabilities in education institutions, you may contact us at :

    Customer Service Team
    Office for Civil Rights
    U.S. Department of Education
    Washington , D.C. 20202-1100
    Phone: 1-800-421-3481
    TDD: 1- 877-521-2172
    Email: ocr@ed.gov
    Web site: www.ed.gov/ocr

    */You may be familiar with another federal law that applies to the education of students with disabilitiesthe Individuals with Disabilities Education Act (IDEA). That law is administered by the Office of Special Education Programs in the Office of Special Education and Rehabilitative Services in the U.S. Department of Education. The IDEA and its Individualized Education Program (IEP) provisions do not apply to postsecondary schools. This pamphlet does not discuss the IDEA or state and local laws that may apply.

    This publication is in the public domain. Authorization to reproduce it in whole or in part is granted. The publication's citation should be: U.S. Department of Education, Office for Civil Rights, Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities, Washington , D.C. , 2007.

    To order copies of this publication,

    write to : ED Pubs Education Publications Center , U.S. Department of Education,
    P.O. Box 1398 Jessup , MD 20794-1398 ;

    or fax your order to: 301-470-1244;

    or e-mail your request to: edpubs@inet.ed.gov;

    or call in your request toll-free: 1-877-433-7827 (1-877-4-ED-PUBS). If 877 service is not yet available in your area, you may call 1-800-872-5327 (1-800-USA-LEARN). Those who use a telecommunications device for the deaf (TDD) or a teletypewriter (TTY), should call 1-877-576-7734.

    or order online at www.edpubs.org.

    This publication is also available on the Department's Web site at http://www.ed.gov/ocr/transition.html. Any updates to this publication will be available on this Web site.

    On request, this publication can be made available in alternate formats, such as Braille, large print or computer diskette.  For more information, you may contact the Department's Alternate Format Center at (202) 260-0852 or (202) 260-0818, or via e-mail at Katie.Mincey@ed.gov.  If you use a TDD, call 1-800-877-8339.

     

     

     

    Transition of Students With Disabilities
    To Postsecondary Education:
    A Guide for High School Educators

    March 2007

    Introduction

    Do you know what is in store for students with disabilities who graduate from your school and head off to postsecondary education?  Do you have the information you need to advise them on what to expect in postsecondary education?

    For students with disabilities, a big factor in their successful transition from high school to postsecondary education is accurate knowledge about their civil rights.  The purpose of this guide is to provide high school educators with answers to questions students with disabilities may have as they get ready to move to the postsecondary education environment. 

    This guide was developed by the U.S. Department of Educations Office for Civil Rights (OCR).  OCR has enforcement responsibilities under Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended, and Title II of the Americans with Disabilities Act of 1990 (Title II), which prohibit discrimination on the basis of disability.  Every school district and nearly every college and university in the United States is subject to one or both of these laws, which have similar requirements. Private postsecondary institutions that do not receive federal financial assistance are not subject to Section 504 or Title II.  They are, however, subject to Title III of the Americans with Disabilities Act, which is enforced by the U.S. Department of Justice and which prohibits discrimination on the basis of disability by private entities that are not private clubs or religious entities.

    This guide also makes reference to Part B of the Individuals with Disabilities Education Act (IDEA), which provides funds to states to assist in making a free appropriate public education (FAPE) available to eligible children with disabilities.  IDEA 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 the IDEA.1

    Similarly, this guide references the state Vocational Rehabilitation (VR) Services Program, authorized by the Rehabilitation Act, which provides funds to state VR agencies to assist eligible individuals with disabilities in obtaining employment.  State VR agencies provide a wide range of employment-related services, including services designed to facilitate the transition of eligible students with disabilities from school to post-school activities.2

    In preparing this guide, we have highlighted the significant differences between the rights and responsibilities of students with disabilities in the high school setting and the rights and responsibilities these students will have once they are in the postsecondary education setting.  Following a set of frequently asked questions, we have provided some practical suggestions that high school educators can share with students to facilitate their successful transition to postsecondary education.

    Frequently Asked Questions

    The Admissions Process

    1. Are students with disabilities entitled to changes in standardized testing conditions on entrance exams for institutions of postsecondary education?

    It depends.  In general, tests may not be selected or administered in a way that tests the disability rather than the achievement or aptitude of the individual.3  In addition, federal law requires changes to the testing conditions that are necessary to allow a student with a disability to participate as long as the changes do not fundamentally alter the examination or create undue financial or administrative burdens.4  Although some institutions of postsecondary education may have their own entrance exams, many use a students score on commercially available tests.  In general, in order to request one or more changes in standardized testing conditions, which test administrators may also refer to as testing accommodations5, the student will need to contact the institution of postsecondary education or the entity that administers the exam and provide documentation of a disability and the need for a change in testing conditions.  The issue of documentation is discussed below.  Examples of changes in testing conditions that may be available include, but are not limited to:

    ·                                 Braille;

    ·                                 Large print;

    ·                                 Fewer items on each page;

    ·                                 Tape recorded responses;

    ·                                 Responses on the test booklet;

    ·                                 Frequent breaks;

    ·                                 Extended testing time;

    ·                                 Testing over several sessions;

    ·                                 Small group setting;

    ·                                 Private room;

    ·                                 Preferential seating; and

    ·                                 The use of a sign language interpreter for spoken directions.

    1. Are institutions of postsecondary education permitted to ask an applicant if he or she has a disability before an admission decision is made?

    Generally, institutions of postsecondary education are not permitted to make what is known as a preadmission inquiry about an applicant's disability status. Preadmission inquiries are permitted only if the institution of postsecondary education is taking remedial action to correct the effects of past discrimination or taking voluntary action to overcome the effects of conditions that limited the participation of individuals with disabilities.6  Examples of impermissible preadmission inquiries include:  Are you in good health? Have you been hospitalized for a medical condition in the past five years?  Institutions of postsecondary education may inquire about an applicants ability to meet essential program requirements provided that such inquiries are not designed to reveal disability status.  For example, if physical lifting is an essential requirement for a degree program in physical therapy, an acceptable question that could be asked is, With or without reasonable accommodation, can you lift 25 pounds? After admission, in response to a students request for academic adjustments,7 reasonable modifications or auxiliary aids and services, institutions of postsecondary education may ask for documentation regarding disability status. 

    1. May institutions of postsecondary education deny an applicant admission because he or she has a disability?

    No.  If an applicant meets the essential requirements for admission, an institution may not deny that applicant admission simply because he or she has a disability, nor may an institution categorically exclude an applicant with a particular disability as not being qualified for its program.8  For instance, an institution may not automatically assume that all applicants with hearing or visual impairments would be unable to meet the essential eligibility requirements of its music program.  An institution may, however, require an applicant to meet any essential technical or academic standards for admission to, or participation in, the institution and its program.9  An institution may deny admission to any student, disabled or not, who does not meet essential requirements for admission or participation. 

    1. Are institutions obligated to identify students with disabilities?

    No.  Institutions do not have a duty to identify students with disabilities.  Students in institutions of postsecondary education are responsible for notifying institution staff of their disability should they need academic adjustments.  High schools, in contrast, have an obligation to identify students within their jurisdiction who have a disability and who may be entitled to services. 

    1. Are students obligated to inform institutions that they have a disability?

    No.  A student has no obligation to inform an institution of postsecondary education that he or she has a disability; however, if the student wants an institution to provide an academic adjustment or assign the student to accessible housing or other facilities, or if a student wants other disability-related services, the student must identify himself or herself as having a disability.  The disclosure of a disability is always voluntary.  For example, a student who has a disability that does not require services may choose not to disclose his or her disability.

    Post-Admission:  Documentation of a Disability

    1. What are academic adjustments and auxiliary aids and services?

    Academic adjustments are defined in the Section 504 regulations at 34 C.F.R. § 104.44(a) (2006) as:

    [S]uch modifications to the academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of [disability] against a qualified ... applicant or student [with a disability].  Academic requirements that the recipient can demonstrate are essential to the instruction being pursued by such student or to any directly related licensing requirement will not be regarded as discriminatory within the meaning of this section.  Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are conducted.

    Academic adjustments also may include a reduced course load, extended time on tests and the provision of auxiliary aids and services.  Auxiliary aids and services are defined in the Section 504 regulations at 34 C.F.R. § 104.44(d), and in the Title II regulations at 28 C.F.R. § 35.104.  They include note-takers, readers, recording devices, sign language interpreters, screen-readers, voice recognition and other adaptive software or hardware for computers, and other devices designed to ensure the participation of students with impaired sensory, manual or speaking skills in an institutions programs and activities.  Institutions are not required to provide personal devices and services such as attendants, individually prescribed devices, such as eyeglasses, readers for personal use or study, or other services of a personal nature, such as tutoring.  If institutions offer tutoring to the general student population, however, they must ensure that tutoring services also are available to students with disabilities.  In some instances, a state VR agency may provide auxiliary aids and services to support an individuals postsecondary education and training once that individual has been determined eligible to receive services under the VR program.

    1. In general, what kind of documentation is necessary for students with disabilities to receive academic adjustments from institutions of postsecondary education?

    Institutions may set their own requirements for documentation so long as they are reasonable and comply with Section 504 and Title II.  It is not uncommon for documentation standards to vary from institution to institution; thus, students with disabilities should research documentation standards at those institutions that interest them.  A student must provide documentation, upon request, that he or she has a disability, that is, an impairment that substantially limits a major life activity and that supports the need for an academic adjustment.  The documentation should identify how a students ability to function is limited as a result of her or his disability.  The primary purpose of the documentation is to establish a disability in order to help the institution work interactively with the student to identify appropriate services.  The focus should be on whether the information adequately documents the existence of a current disability and need for an academic adjustment.  A postsecondary institution may also request documentation to determine if a device or practice used by the student reduces or eliminates the effects of the students impairment.

    1. Who is responsible for obtaining necessary testing to document the existence of a disability?

    The student.  Institutions of postsecondary education are not required to conduct or pay for an evaluation to document a students disability and need for an academic adjustment, although some institutions do so.  If a student with a disability is eligible for services through the state VR Services program, he or she may qualify for an evaluation at no cost.  High school educators can assist students with disabilities in locating their state VR agency at: http://www.jan.wvu.edu/SBSES/VOCREHAB.HTM.  If students with disabilities are unable to find other funding sources to pay for necessary evaluation or testing for postsecondary education, they are responsible for paying for it themselves.

    At the elementary and secondary school levels, a school districts duty to provide a free appropriate public education (FAPE) encompasses the responsibility to provide, at no cost to the parents, an evaluation of suspected areas of disability for any of the districts students who is believed to be in need of special education or related aids and services.  School districts are not required under Section 504 or Title II to conduct evaluations that are for the purpose of obtaining academic adjustments once a student graduates and goes on to postsecondary education.

    1. Is a students most recent individualized education program (IEP) or Section 504 plan sufficient documentation to support the existence of a disability and the need for an academic adjustment in a postsecondary setting?

    Generally, no.  Although an IEP or Section 504 plan may help identify services that have been used by the student in the past, they generally are not sufficient documentation to support the existence of a current disability and need for an academic adjustment from an institution of postsecondary education.  Assessment information and other material used to develop an IEP or Section 504 plan may be helpful to document a current disability or the need for an academic adjustment or auxiliary aids and services.  In addition, a student receiving services under Part B of the IDEA must be provided with a summary of his or her academic achievements and functional performance that includes recommendations on how to assist in meeting the students postsecondary goals.10  This information may provide helpful information about disability and the need for an academic adjustment.

    1. What can high school personnel, such as school psychologists and counselors, transition specialists, special education staff and others, do to assist students with disabilities with documentation requirements?

    By the time most students with disabilities are accepted into a postsecondary institution, they are likely to have a transition plan and-or to be receiving transition services, which may include evaluations and services provided by the state VR agency.  High school personnel can help a student with disabilities to identify and address the specific documentation requirements of the postsecondary institution that the student will be attending.  This may include assisting the student to identify existing documentation in her or his education records that would satisfy the institutions criteria, such as evaluation reports and the summary of the students academic achievement and functional performance.  School personnel should be aware that institutions of postsecondary education typically do not accept brief conclusory statements for which no supporting evidence is offered as sufficient documentation of a disability and the need for an academic adjustment.  School personnel should also be aware that some colleges may delay or deny services if the diagnosis or the documentation is unclear.

    1. Will a medical diagnosis from a treating physician help to document disability?

    A diagnosis of impairment alone does not establish that an individual has a disability within the meaning of Section 504 or Title II.  Rather, the impairment must substantially limit a major life activity, or the individual must have a record of such an impairment or be regarded as having such an impairment.11  A diagnosis from a treating physician, along with information about how the disability affects the student, may suffice.  As noted above, institutions of postsecondary education may set their own requirements for documentation so long as they are reasonable and comply with Section 504 and Title II.

    1. If it is clear that a student has a disability, why does an institution need documentation?   

    Students who have the same disability may not necessarily require the same academic adjustment.  Section 504 and Title II require that institutions of postsecondary education make individualized determinations regarding appropriate academic adjustments for each individual student. If the students disability and need for an academic adjustment are obvious, less documentation may be necessary.

    1. If an institution thinks that the documentation is insufficient, how will the student know? 

    If the documentation a student submitted for the institutions consideration does not meet the institutions requirements, an official should notify the student in a timely manner of what additional documentation the student needs to provide.   As noted above, a student may need a new evaluation in order to provide documentation of a current disability.  

    Post-Admission:  Obtaining Services 

    1. Must institutions provide every academic adjustment a student with a disability wants?

    It depends.  Institutions are not required to provide an academic adjustment that would alter or waive essential academic requirements.12  They also do not have to provide an academic adjustment that would fundamentally alter the nature of a service, program or activity or result in undue financial or administrative burdens considering the institutions resources as a whole.13 For example, an appropriate academic adjustment may be to extend the time a student with a disability is allotted to take tests, but an institution is not required to change the substantive content of the tests.  In addition, an institution is not required to make modifications that would result in undue financial or administrative burdens.  Public institutions are required to give primary consideration to the auxiliary aid or service that the student requests, but can opt to provide alternative aids or services if they are effective.  They can also opt to provide an effective alternative if the requested auxiliary aid or service would fundamentally alter the nature of a service, program or activity or result in undue financial or administrative burdens.  For example, if it would be a fundamental alteration or undue burden to provide a student with a disability with a note-taker for oral classroom presentations and discussions and a tape recorder would be an effective alternative, a postsecondary institution may provide the student with a tape recorder instead of a note-taker.

    1. If students want to request academic adjustments, what must they do?

    Institutions may establish reasonable procedures for requesting academic adjustments; students are responsible for knowing these procedures and following themInstitutions usually include information on the procedures and contacts for requesting an academic adjustment in their general information publications and Web sites.  If students are unable to locate the procedures, they should contact an institution official, such as an admissions officer or counselor.

    1. What should students expect in working with a disability coordinator at an institution of postsecondary education?

    A high school counselor, a special education teacher or a VR counselor may meet with high school students with disabilities to provide services or monitor their progress under their education plans on a periodic basis.  The role of the disability coordinator at an institution of postsecondary education is very different.  At many institutions, there may be only one or two staff members to address the needs of all students with disabilities attending the institution.  The disability coordinator evaluates documentation, works with students to determine appropriate services, assists students in arranging services or testing modifications, and deals with problems as they arise.  A disability coordinator may have contact with a student with a disability only two or three times a semester.  Disability coordinators usually will not directly provide educational services, tutoring or counseling, or help students plan or manage their time or schedules.  Students with disabilities are, in general, expected to be responsible for their own academic programs and progress in the same ways that nondisabled students are responsible for them.

    1. When should students notify the institution of their intention to request an academic adjustment?

    As soon as possible.  Although students may request academic adjustments at any time, students needing services should be advised to notify the institution as early as possible to ensure that the institution has enough time to review their request and provide an appropriate academic adjustment.  Some academic adjustments, such as interpreters, may take time to arrange.  In addition, students should not wait until after completing a course or activity or receiving a poor grade to request services and then expect the grade to be changed or to be able to retake the course. 

    1. How do institutions determine what academic adjustments are appropriate?

    Once a student has identified him- or herself as an individual with a disability, requested an academic adjustment and provided appropriate documentation upon request, institution staff should discuss with the student what academic adjustments are appropriate in light of the students individual needs and the nature of the institutions program.  Students with disabilities possess unique knowledge of their individual disabilities and should be prepared to discuss the functional challenges they face and, if applicable, what has or has not worked for them in the past.  Institution staff should be prepared to describe the barriers students may face in individual classes that may affect their full participation, as well as to discuss academic adjustments that might enable students to overcome those barriers. 

    1. Who pays for auxiliary aids and services?

    Once the needed auxiliary aids and services have been identified, institutions may not require students with disabilities to pay part or all of the costs of such aids and services, nor may institutions charge students with disabilities more for participating in programs or activities than they charge students who do not have disabilities.  Institutions generally may not condition their provision of academic adjustments on the availability of funds, refuse to spend more than a certain amount to provide academic adjustments, or refuse to provide academic adjustments because they believe other providers of such services exist.14  In many cases, institutions may meet their obligation to provide auxiliary aids and services by assisting students in either obtaining them or obtaining reimbursement for their cost from an outside agency or organization, such as a state VR agency.  Such assistance notwithstanding, institutions retain ultimate responsibility for providing necessary auxiliary aids and services and for any costs associated with providing such aids and services or utilizing outside sources.  However, as noted above, if the institution can demonstrate that providing a specific auxiliary aid or service would result in undue financial or administrative burdens, considering the institutions resources as a whole, it can opt to provide another effective one.

    1. What if the academic adjustments the institution provides are not working?

    If the academic adjustments provided are not meeting the students needs, it is the students responsibility to notify the institution as soon as possible.  It may be too late to correct the problem if the student waits until the course or activity is completed.  The student and the institution should work together to resolve the problem.

    Keys to Success: Attitude, Self-Advocacy
    And Preparation

    The attitude and self-advocacy skills of students with disabilities may be two of the most important factors in determining their success or failure in postsecondary education.  Students with disabilities need to be prepared to work collaboratively with the institutions disability coordinator to enable them to have an equal opportunity to participate in an institutions programs and activities.  To ensure that students with disabilities possess the desired levels of self-advocacy to succeed in postsecondary education, high school educators may want to encourage the students to: 

    Understand their disabilities.  Students with disabilities need to know the functional limitations that result from their disabilities and understand their strengths and weaknesses.  They should be able to explain their disabilities to an institutions disability coordinators or other appropriate staff.  As part of this process, students should be able to explain where they have had difficulty in the past, as well as what has helped them overcome such problems and what specific adjustments might work in specific situations.  To assist students in this area, high school educators can encourage high school students to be active participants in their IEP or Section 504 meetings.  High school personnel also can suggest that students practice explaining their disabilities, as well as why they need certain services, to appropriate secondary staff or through role-playing exercises to prepare them to engage in such conversations with confidence in a postsecondary setting.  

    Accept responsibility for their own success.  All students, including those with disabilities, must take primary responsibility for their success or failure in postsecondary education.  Students with disabilities, in particular, are moving from a system where parents and school staff usually advocated on their behalf to a system where they will be expected to advocate for themselves.  An institutions staff will likely communicate directly with students when issues arise and are generally not required to interact with students parents.  In general, students with disabilities should expect to complete all course requirements, such as assignments and examinations.  Students with disabilities need to identify the essential academic and technical standards that they will be required to meet for admission and continued participation in an institutions program.  Students also need to identify any academic adjustments they may need as a result of their disabilities to meet those standards and how to request those adjustments.  Students with disabilities need to understand that, while federal disability laws guarantee them an equal opportunity to participate these laws do not guarantee that students will achieve a particular outcome, for example, good grades. 

    Take an appropriate preparatory curriculum.  Because all students will be expected to meet an institutions essential standards, students with disabilities need to take a high school curriculum that will prepare them to meet those standards.  If students with disabilities plan to attend a rigorous postsecondary institution, they, like their peers without disabilities, need to make high school curriculum choices that support that goal.  High school guidance counselors and state VR agency counselors, in particular, can play an important role in students curriculum planning.

    For all students, good study skills and the ability to write well are critical factors of success in postsecondary education.  High school educators can help students in these areas by offering or identifying opportunities, such as workshops, courses or tutoring programs, that
    emphasize the importance of reading, writing and good study skills.  In addition, staff should encourage students to enroll in classes that will focus on writing and study skills in their freshman year of postsecondary education.

    Learn time management skills.  Although a primary role of high school educators is to provide monitoring, direction and guidance to students as they approach the end of their high school career, staff also need to prepare students to act independently and to manage their own time with little to no supervision.  High school educators can assist students by identifying resources that will help them learn time management and scheduling skills.

    Acquire computer skills.  Because postsecondary students use computers to complete a multitude of tasks, from registering for classes to accessing course material and obtaining grades, it is essential that students learn to use computers if they are to be prepared for postsecondary education.  Ideally, students with disabilities need to start using computers as early as possible in school to increase their familiarity with, and their comfort level in using, computers.  Students with visual impairments, hearing impairments, learning disabilities or mobility impairments may have problems with inputting data or reading a computer monitor.  Assistive technology can help certain students with disabilities use computers and access information. 

    Consider supplemental postsecondary education preparatory programs.  A variety of institutions of postsecondary education have summer programs in which students can participate while they are still in high school, or after graduation, to ease their transition to postsecondary education.  These programs often expose students to experiences that they are likely to encounter in postsecondary education, such as living in dorms, relating to other students and eating in dining halls.  The programs may also focus on instruction in certain subject areas, such as math or English, or in certain skills, such as computer, writing or study skills, that can prepare a student to be successful in postsecondary education.  High school educators can assist students with disabilities by identifying such program opportunities in their area of residence.

    Research postsecondary education programs.  Students with disabilities may select any program for which they are qualified but should be advised to review carefully documentation standards and program requirements for their program or institution of interest.  For example, students should pay close attention to an institutions program requirements, such as language or math, to avoid making a large financial and time commitment only to realize several years into a program that they cannot, even with academic adjustments, meet an essential requirement for program completion.  Campus visits, which include visits to the disability services office, can be helpful in locating an environment that best meets a students interests and needs.  In addition, while all institutions have a legal obligation to provide appropriate services, certain colleges may be able to provide better services than others due to their size or location.     

    Get involved on campus.  To help students avoid the isolation that can occur away from home during the first year of postsecondary education, high school educators should encourage students to live on campus and to become involved in campus activities.  Attendance at orientation programs for freshmen is a good first step in discovering ways to get involved in the postsecondary education environment.

    If you would like more information about the responsibilities of postsecondary schools to students with disabilities, read the OCR brochures Auxiliary Aids and Services for Postsecondary Students with Disabilities:  Higher Educations Obligations Under Section 504 and Title II of the ADA and Students with Disabilities Preparing for Postsecondary Education:  Know Your Rights and Responsibilities.  You may obtain copies of these brochures by contacting us at the address and phone numbers below or on the Departments Web site at: http://www.ed.gov/about/offices/list/ocr/publications.html#Section504. To receive more information about the civil rights of students with disabilities in education institutions, please contact OCR at:

    Customer Service Team
    Office for Civil Rights
    U.S. Department of Education
    Washington, DC 20202-1100

    Phone:             1-800-421-3481
    TTY:                1-877-521-2172
    E-mail:             ocr@ed.gov

    Web address: http://www.ed.gov/about/offices/list/ocr/index.html

    This publication is in the public domain. Authorization to reproduce it in whole or in part is granted. The publication's citation should be: U.S. Department of Education, Office for Civil Rights, Transition of Students With Disabilities to Postsecondary Education: A Guide for High School Educators, Washington, D.C., 2007.

    To order copies of this publication,

    write to: ED Pubs, Education Publications Center, U.S. Department of Education, P.O. Box 1398, Jessup, MD 20794-1398;

    or fax your order to: 301-470-1244;

    or e-mail your request to: edpubs@inet.ed.gov;

    or call in your request toll-free: 1-877-433-7827 (1-877-4-ED-PUBS). If 877 service is not yet available in your area, you may call 1-800-872-5327 (1-800-USA-LEARN). Those who use a telecommunications device for the deaf (TDD) or a teletypewriter (TTY) should call 1-877-576-7734.

    or order online at www.edpubs.org.

    This publication is also available on the Department's Web site at http://www.ed.gov/ocr/transitionguide.html.  Any updates to this publication will be available on this Web site.

    On request, this publication can be made available in alternate formats, such as Braille, large print or computer diskette. For more information, please contact the Department's Alternate Format Center at 202-260-0852 or 202-260-0818, or via
    e-mail at Katie.Mincey@ed.gov. If you use a TDD, call 1-800-877-8339.

     

    1 The U.S. Department of Educations Office of Special Education Programs (OSEP) administers the IDEA. You can find additional information about the IDEA at http://www.ed.gov/about/offices/list/osers/osep/index.html, or by contacting OSEP at:

    Office of Special Education Programs
    Office of Special Education and Rehabilitative Services
    U.S. Department of Education
    400 Maryland Ave. S.W.
    Washington, DC 20202-7100
    Telephone: 202-245-7459

    2  OSERS Rehabilitation Services Administration (RSA) administers a formula grant program that funds state VR agencies to provide eligible individuals with disabilities with employment-related services, including services to facilitate transition. Additional information about this grant program is available at http://www.ed.gov/programs/rsabvrs/index.html or by contacting RSA at:

    Rehabilitation Services Administration
    U.S. Department of Education
    400 Maryland Ave. S.W.
    Washington, DC 20202-2800
    Telephone: 202-245-7488

    3 See 34 C.F.R. § 104.42(b) (2006); and 28 C.F.R. § 35.130(b)(8) (2006).

    4 See 28 C.F.R. § 35.130(b)(7) and 28 C.F.R. § 35.164 (2006).

    5 The term accommodations is also referenced under the IDEA and used by the major publishers of college entrance exams.  The term generally refers to changes in the standardized testing conditions provided to a student with disabilities that will not impact the validity of the students test scores.

    6 See 34 C.F.R. § 104.42(b)-(c) (2006).

    7   In this document, consistent with the Section 504 regulations at 34 C.F.R. § 104.44, we generally use the term academic adjustments to refer to modifications to nonessential academic requirements, reasonable changes to policies, procedures and practices, and the provision of auxiliary aids and services necessary for individuals with disabilities to participate in, and benefit from, the postsecondary education program.  These terms are further explained in the section titled Post-Admission: Documentation of Disability.  It should be noted that the term reasonable accommodations, commonly used in the employment context, also may be familiar to postsecondary school personnel.

    8 See 34 C.F.R. §§ 104.4 and 104.42 (2006); and 28 C.F.R. § 35.130 (2006). 

    9 See 34 C.F.R. § 104.3(l)(3) (2006); and 28 C.F.R. § 35.104 (2006).

    10 See 34 C.F.R. § 300.305(e)(3) (effective Oct. 13, 2006).

    11 See 34 C.F.R. § 104.3 (2006); and 28 C.F.R. § 35.104 (2006).

    12 See 34 C.F.R. § 104.44(a) (2006). 

    13 See 28 C.F.R. § 35.164 (2006). 

    14 See 34 C.F.R. § 104.4 (2006); and 28 C.F.R. § 35.130 (2006).
     
     
     
     
     
    Family Educational Rights and Privacy Act (FERPA)

    Family Policy Compliance Office (FPCO) Home

    The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

    FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

           Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

           Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

           Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

           School officials with legitimate educational interest;

           Other schools to which a student is transferring;

           Specified officials for audit or evaluation purposes;

           Appropriate parties in connection with financial aid to a student;

           Organizations conducting certain studies for or on behalf of the school;

           Accrediting organizations;

           To comply with a judicial order or lawfully issued subpoena;

           Appropriate officials in cases of health and safety emergencies; and

           State and local authorities, within a juvenile justice system, pursuant to specific State law.

    Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

    For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.

    Or you may contact us at the following address:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington , D.C. 20202-5920

Last Modified on September 18, 2014