
Guidebook for Students
with Disabilities
Contents:
Procedure for Students
Seeking Accommodations
Attention
Deficit/Hyperactivity Disorder
Mobility and
Dexterity Disabilities
Housing
Accommodations for Student with Disabilities or Chronic Health Conditions
Adapting Emergency
Procedures for Individuals with Disabilities
Student Grievance
Procedures for Individuals with Disabilities
This guidebook is based on
St. Edward’s University’s Faculty Guidebook for Students with
Disabilities. Lorrain Perea, MEd.
LPC, Coordinator of Student Disabilities Services in Academic Planning and
Support, granted permission to do so.
The sections on mobility
and dexterity, speech impairments and student grievance procedure are based on
The University of Notre Dame’s Students with Disabilities.
The sections on The
Rehabilitation Act of 1973 and hidden disabilities were adapted from the Office
for Civil Rights of the United States Department of Education.
The section on adapting
emergency procedures for individuals with disabilities is based on Adapting
Emergency Procedures for Individuals with Disabilities by Mary Farrell,
Ph.D., published by the Association on Higher Education and Disability
(AHEAD). Richard Allegra, Associate
Executive Director, granted permission to do so.
Dear Faculty, Staff and
Students:
It is not always easy to
understand students’ disabilities and/or to discern the appropriate
accommodation. This Guidebook is an effort to remove any existing barriers,
whether physical, programmatic, or attitudinal through the cooperation of all
associated with
This Guidebook is a
reference in that it delineates both students and instructors’
responsibilities. This book should foster better communication among students,
faculty and staff and facilitate the learning of those for whom accommodation
is appropriate.
Sincerely,
Tina S. Holland, Ph.D.
Senior Vice-President
Holy
Cross
To meet the standards set
forth by our Mission Statement and in compliance with the legal requirements of
The Rehabilitation Act of 1973 and The Americans with Disabilities Act of 1990,
the Disability Services Coordinator (DSC) at Holy Cross College determines
appropriate accommodations for all qualifying students with disabilities. The
Disability Services Coordinator provides counsel and advocacy to students and
works to promote the development of personal independence and self-reliance.
THE LAW
Holy Cross College has a
responsibility to individuals with disabilities as mandated by federal laws
such as the Rehabilitation Act of 1973 and the Americans with Disabilities Act
(ADA). It is the focus of the Disability Services Coordinator to address
procedures and practices which impact students with disabilities.
The law states that an
institution cannot discriminate in the recruitment, admission, educational
process, or treatment of students with disabilities. Students who have
voluntarily disclosed that they have a disability (self-identified), provided
documentation of the disability, and requested accommodations are entitled to
receive: approved, reasonable modification of programs; appropriate academic
adjustments; and proper auxiliary aids. These accommodations allow students to
participate in and benefit from all of the educational programs and
extracurricular activities at
The Rehabilitation Act of 1973
The Rehabilitation Act of
1973 was the first “civil rights” legislation to prohibit discrimination
against people with disabilities. This law applied to programs conducted by
federal agencies, those receiving federal funds such as college participation
in federal student programs, federal employment, and employment practices of
businesses with federal contracts. The standards for determining employment
discrimination under the Rehabilitation Act are the same as those used in Title
I of the Americans with Disabilities Act.
Section
The Section
A college has no obligation to identify students
with handicaps. In fact, Section
Many students with disabilities, seeking college
degrees, were provided with special education services during their elementary
and secondary school years. It is especially important for these students to
understand that postsecondary institutions also have responsibilities to
protect the rights of students with disabilities. In elementary and secondary
school, their school district was responsible for identifying, evaluating, and
providing individualized special education and related services to meet their
needs. At the postsecondary level, however, there are some important
differences. The key provisions of Section
At the postsecondary level it is the student's
responsibility to make his or her handicapping condition known and to request
academic adjustments. This should be done in a timely manner. A student who
requests academic adjustments or auxiliary aids because of a handicapping
condition may be requested by the institution to provide documentation of the
handicap and the need for the services requested. This may be especially
important to an institution attempting to understand the nature and extent of a
hidden disability.
The requested documentation may include the results
of medical, psychological, or emotional diagnostic tests, or other professional
evaluations to verify the need for academic adjustments or auxiliary aids.
The Americans with Disabilities Act of 1990 (
According to the ADA, “no
qualified individual with a disability shall, by reason of such disability, be
excluded from participation in or be denied the benefits of the services,
programs, or activities of a public entity, or be subjected to discrimination
by such entity.”
ADA is the civil rights
guarantee for persons with disabilities in the United States whether or not
they are citizens and without regard to racial or ethnic origin. International
students with disabilities are entitled to any and all of the same services and
support provided by law to any other student with a disability enrolled in a
program of higher education in this country. ADA provides protection from
discrimination for individuals on the basis of disability. The ADA extends
civil rights protections for people with disabilities to employment in the
public and private sectors, transportation, public accommodations, services
provided by state and local government, and telecommunication relay services.
On September 25, 2008, the President signed the Americans
with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or
"Act"). The Act makes important changes to the definition of the term
"disability" by rejecting the holdings in several Supreme Court
decisions and portions of ADA regulations. The Act retains the ADA's basic
definition of "disability" as an impairment that substantially limits
one or more major life activities, a record of such an impairment, or being
regarded as having such an impairment. However, it changes the way that these
statutory terms should be interpreted in several ways. Most significantly, the
Act:
§
the first list includes many
activities that were not specifically recognized (e.g., reading, bending, and
communicating);
§
the second list includes major
bodily functions (e.g., "functions of the immune system, normal cell
growth, digestive, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine, and reproductive functions");
ELIGIBILITY
Students with disabilities have met the same admission standards as
non-disabled students.
Qualifying: A student is eligible for
accommodations when qualifying criteria set forth by the Association on Higher
Education and Disability (AHEAD), with support from the U.S. Department of
Justice, have been met. Adequate information from a licensed professional
qualified to diagnose the particular disability must be presented to the
Disability Services Coordinator. Accommodations are then determined based on
the individual needs of students and the recommendations of the documentation.
Identifying: Although students are
legally entitled to request accommodations at any time during the semester,
faculty members are encouraged to help identify students as soon as possible.
Confidentiality: All documentation of a
disability is treated as a confidential medical record. These records are
maintained and kept with the DSC confidential files until the student leaves
DEFINITION OF A DISABILITY
Under the
“Physical Impairment” means any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss affecting one
or more of the major bodily functions including functions of the immune system;
normal cell growth; and digestive, bowel, bladder, neurological, brain
respiratory, circulatory, endocrine and reproductive functions.
“Mental Impairment” means any psychological
disorder, organic brain syndrome, emotional or mental illness, specific
learning disabilities, mental retardation, and any psychological disorder as
diagnosed by a licensed professional using the Diagnostic and Statistical
Manual of Mental Disorders — Fourth Edition (DSM-IV).
“Substantially Limits” means unable to perform a
major life activity or significantly restricted as to the condition, manner, or
duration under which a major life activity can be performed. This is in
comparison to the average person or to most people; the availability of some
mitigating measure (such as a hearing aid for someone with a hearing loss that
brings hearing acuity within normal limits) is not to be considered when
determining if the disability substantially limits the individual.
“Major Life Activity” means functions such as
caring for oneself, performing manual tasks, walking, seeing, eating, sleeping,
hearing, speaking, standing, lifting, bending, breathing, learning, reading,
concentrating, thinking, communicating and working. The impairment must be
severe enough to result in substantial limitation of one or more life
activities. Impairments that do not
affect a major life activity do not qualify. Assessment of whether a person has
a disability is made without regard to availability of a reasonable
accommodation, assistive technology, learned behavior, adaptive neurological
modifications, or auxiliary aids or services.
Hidden Disabilities
Hidden disabilities are physical or mental
impairments that are not readily apparent to others. They include such
conditions and diseases as specific learning disabilities, diabetes, epilepsy,
and allergy. A disability such as a limp, paralysis, total blindness or
deafness is usually obvious to others. But hidden disabilities such as low
vision, poor hearing, heart disease, or chronic illness may not be obvious. A
chronic illness involves a recurring and long-term disability such as diabetes,
heart disease, kidney and liver disease, high blood pressure, or ulcers.
The following examples illustrate how
These are just a few examples of how the needs of
students with hidden disabilities may be addressed.
PROCEDURE FOR STUDENTS SEEKING ACCOMMODATIONS
To obtain accommodations,
students must:
The Disability Services
Coordinator will review your request form. Holy Cross College reserves the
right to deny your request if the diagnosis is not adequately supported or
properly documented. In some cases, the college may ask you to submit
additional
REQUEST FOR ACCOMMODATIONS
Name ________________________________ Date____________________________
Address ______________________________ Phone (____)
____________________
City _____________________
State _____________ Zip
________________
Note: If you have been diagnosed as having a disability that requires
special accommodations in an academic setting, please complete this form. To
qualify for such services, a copy of a recent evaluation (completed within the
past three years) that documents necessary academic accommodations must also be
submitted. Any recommendations, an Individualized Education Program (lEP), or
prescriptions for specific services should also accompany this form. Do not
assume that because you had a transcript sent, testing results were also sent.
Typically, testing results need a separate signed release before they will be
sent.
Describe briefly the
condition you have that requires accommodation:
List briefly which accommodations
you are requesting:
I acknowledge that by requesting accommodations, I am authorizing the
Disabilities Services Coordinator to contact and discuss
_____________________________________________
Signature of Applicant
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Holy Cross College • 54515
SR 933N • P0 Box 308 • Notre
Phone (574) 239-8383 • Fax
(574) 239-8323
CATEGORIES
OF DISABILITIES
All disabilities fall into
three broad categories: educational, medical or psychological. According to
national 1998 statistics, approximately one of eleven full-time college
freshmen reported having a disability of some kind.
Learning Disabilities
Learning disability is a general
term that refers to a heterogeneous group of disorders manifested by
significant difficulties in the acquisition and use of listening, speaking,
reading, writing, reasoning, or mathematical skills. These disorders are
intrinsic to the individual, presumed to be due to central nervous system
dysfunction, and may occur across the life span. Problems in self-regulatory
behaviors, social perception, and social interaction may exist with learning
disabilities but do not, by themselves, constitute a learning disability.
Although learning disabilities may occur concomitantly with other disabilities,
or with extrinsic influences, they are not the result of those conditions or
influences (NJCLD: 1990).
A Learning Disability is:
A Learning Disability is NOT:
Characteristics of a
Learning Disability
Remember that each student
has deficits in some of these skills. Each deficit may occur in a very mild
form or a more severe form.
Suggested Tips for
Instructors:
Students with Learning
Disabilities may qualify for these accommodations:
Attention Deficit/Hyperactivity Disorder
Attention Deficit Disorder
(ADD) or Attention Deficit with Hyperactivity Disorder (ADHD) is a
neurobiological disorder that interferes with a person’s ability to sustain
attention or focus on a task or delay impulsive behavior. Its core symptoms are
inattention, impulsivity, and over-activity.
Characteristics of Attention Deficit/Hyperactivity Disorder:
ADD/ADHD is characterized
by varying degrees of difficulty within these symptoms:
Associated difficulties include:
Distractibility Memory problems Disorganization
Procrastination Chronic boredom Low self-esteem
Chronic
lateness Restlessness Depression
Mood swings Anxiety Relationship problems
Poor social
skills Underachievement Employment problems
Students with ADHD may
qualify for these accommodations:
Documentation
of a Learning Disability (LD), Attention-Deficit Disorder (ADD), or
Attention-Deficit/Hyperactivity Disorder (ADHD)
In order for
Qualifications of the
Evaluator
Professionals conducting
assessments, rendering diagnoses of learning disabilities or attention deficit
hyperactivity disorder, and making recommendations for appropriate
accommodations must be qualified to do so. For example, the following
professionals would generally be considered qualified to evaluate specific
learning disabilities: clinical, counseling, or educational psychologists,
school psychologists, neurologists, learning disabilities specialists, medical
doctors, or other appropriate specialists.
Documentation
The provision of all
reasonable accommodations and services is based upon assessment of the impact
of the student’s ADD, ADHD or LD on his or her academic performance at a given
time in the student’s life. Therefore, documentation verifying this must be current
(i.e. within the last three years).
Documentation should validate the need for services based on the
individual’s current level of functioning in the educational setting. A school
plan such as an Individualized Education Program (IEP) or a
Substantiation of a
Learning Disability
The evaluation for the
diagnosis of ADD, ADHD or a specific learning disability must provide clear and
specific evidence that ADD, ADHD or a learning disability does exist.
A diagnostic summary based
on a comprehensive evaluation process is a necessary component of the report.
The clinical summary should include:
The summary should also
include any record of prior accommodation or auxiliary aids, including any
The final determination for
providing appropriate and reasonable accommodations rests with the institution.
All
DOCUMENTATION OF A LEARNING DISABILITY,
ATTENTION-DEFICIT DISORDER, OR ATTENTION-DEFICIT/HYPERACTIVITY DISORDER
In order for
PLEASE PROVIDE THE FOLLOWING INFORMATION IN FULL
Student Name
____________________________________
Medical Record# ______________________
Last First M.I.
Date of last appointment
with this individual:
Please identify any current
medical condition or mental disorder you have diagnosed, or which you have on
record, for this individual (e.g. DSM IV diagnoses).
Please identify the severity
and duration of any current, functional limitations in an educational setting
that are a direct result of the identified mental disorder or condition.
Do any of the limitations
listed above (if any) make the achievement of a major life activity
difficult? If so, please identify the
major life activity involved.
What recommendations do you
have regarding necessary and appropriate auxiliary aids or services, academic
adjustments or other accommodations to equalize the student’s educational
opportunities?
Please attach all supportive
Signature
_________________________________________
Date________________________________
Name & Degree
____________________________________
Lic. Type & No._______________________
Address_______________________________________________________________________________
Phone _____________________________ Fax
________________________________
Note: Qualified diagnosing professionals are
licensed psychologists, psychiatrists, neurologists, and in some instances
general practice physicians. The
diagnosing professional must have expertise in the differential diagnosis of
the documented mental disorder or condition and follow established practices in
the field.
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Phone (574) 239-8383 • Fax
(574) 239-8323
Psychological Disabilities
Psychological disabilities
cover a wide range including depression, anxiety, and chronic mental illness.
While these illnesses may not be curable, they usually can be greatly improved
with medication, therapy, and social support. Students with psychological
disabilities may require treatment or, on occasion, hospitalization. Emotional
concerns may manifest themselves in negative or apathetic attitudes and
behavior. It may be helpful to remember that these students have as little
control over their disabilities as students with physical disabilities.
Description:
Suggested Tips for
Instructors:
Students with Psychological
Disabilities may qualify for these accommodations:
DOCUMENTATION OF PSYCHOLOGICAL
IMPAIRMENT
In order for
PLEASE PROVIDE THE FOLLOWING
INFORMATION IN FULL
Student Name
___________________________________ Medical Record# ________________________
Last First M.I.
Date of last appointment
with this individual:
Please identify any current
medical condition or mental disorder you have diagnosed, or which you have on
record, for this individual (e.g. DSM IV diagnoses).
Please identify the severity
and duration of any current limitations that are a direct result of the
identified mental disorder or condition.
Do any of the limitations
listed above (if any) make the achievement of a major life activity
difficult? If so, please identify the
limitation, the major life activity involved, and the extent of the difficulty.
Is this individual on
prescribed medications for the identified mental disorder or condition? If so, what is the effect (if any) on the
limitations listed above?
Please attach all supportive
Signature _________________________________________ Date________________________________
Name & Degree
____________________________________
Lic. Type & No._______________________
Address_______________________________________________________________________________
Phone _____________________________ Fax
________________________________
Note: Qualified diagnosing professionals are
licensed psychologists, psychiatrists, neurologists, and in some instances
general practice physicians. The
diagnosing professional must have expertise in the differential diagnosis of
the documented mental disorder or condition and follow established practices in
the field.
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Phone (574) 239-8383 • Fax
(574) 239-8323
Medical
Disabilities
A wide range of conditions
may interfere with stamina and mobility and affect academic functioning. Common
conditions may include hepatitis, Muscular Dystrophy, Cerebral Palsy, Chronic
Asthma, any sight or hearing impairment, Epilepsy, Spinal Cord Injuries,
ADD/ADHD, Arthritis, auto-immune diseases such as HIV/AIDS, Diabetes, Cancer,
Chronic Fatigue Immune Deficiency Syndrome, Fibromyalgia, Lupus, Multiple
Sclerosis, or Multiple Chemical Sensitivities. There are many other health
disabilities that can be determined by a licensed medical professional.
Functional limitations and abilities will vary widely even within the same type
of disability. Students may have difficulty getting to or from class,
performing in class, and managing out-of-class assignments and tests.
Accommodations vary greatly and can only be determined on an individual basis.
Things to Keep in Mind:
Tips for Instructors:
Students with Medical
Disabilities may qualify for these accommodations:
DOCUMENTATION OF MEDICAL
IMPAIRMENT
In order for
PLEASE PROVIDE THE FOLLOWING INFORMATION IN FULL
Student Name
___________________________________
Medical Record# ______________________
Last First M.I.
Date of last appointment
with this individual:
Please identify any current
medical condition or mental disorder you have diagnosed, or which you have on
record, for this individual (e.g. DSM IV diagnoses).
Please identify the severity
and duration of any current limitations that are a direct result of the
identified mental disorder or condition.
Do any of the limitations
listed above (if any) make the achievement of a major life activity
difficult? If so, please identify the
limitation, the major life activity involved, and the extent of the difficulty.
Is this individual on
prescribed medications for the identified mental disorder or condition? If so, what is the effect (if any) on the
limitations listed above?
Please attach all supportive
Signature _________________________________________ Date________________________________
Name & Degree
____________________________________
Lic. Type & No._______________________
Address_______________________________________________________________________________
Phone _____________________________ Fax
________________________________
Note: Qualified diagnosing professionals are
licensed psychologists, psychiatrists, neurologists, and in some instances
general practice physicians. The
diagnosing professional must have expertise in the differential diagnosis of
the documented mental disorder or condition and follow established practices in
the field.
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Phone (574) 239-8383 • Fax
(574) 239-8323
More individuals in the
Things to Keep in Mind:
Tips for Instructors:
Accommodations to Consider:
DOCUMENTATION OF HEARING
IMPAIRMENT
In order for
PLEASE PROVIDE THE FOLLOWING
INFORMATION
Student Name
___________________________________
Medical Record# ______________________
Last First M.I.
Clearly describe this
individual’s hearing impairment.
Specify functional
limitations on the individual’s ability to perform or participate in an
academic setting.
Provide a description of
treatment(s) with anticipated effectiveness in minimizing the impact of the
impairment.
Please attach all supportive
Signature
_________________________________________
Date________________________________
Name & Degree
____________________________________
Lic. Type & No._______________________
Address_______________________________________________________________________________
Phone _____________________________ Fax
________________________________
Note: Qualified diagnosing professionals are
licensed psychologists, psychiatrists, neurologists, and in some instances
general practice physicians. The
diagnosing professional must have expertise in the differential diagnosis of
the documented mental disorder or condition and follow established practices in
the field.
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Phone (574) 239-8383 • Fax
(574) 239-8323
Visual Impairments
There are many types of
visual impairments that may require special assistance. Depending on the
condition, a student with a visual impairment may experience a wide variety of
difficulties with sight. While one student may be totally blind, another
student may have spotty vision. The DSC works closely with each student with a
visual impairment in selecting the appropriate combination of services and
technology, which will best assist the student in being successful at Holy
Cross College.
Suggested Tips for
Instructors
Accommodations to Consider:
DOCUMENTATION OF VISUAL
IMPAIRMENT
In order for Holy Cross
College to provide disability-related services, The Coordinator of Disability
Services needs to establish that this student has a disability under Indiana
law, which defines a disability as an impairment that limits a major life
activity. This form is designed to help make that determination.
PLEASE PROVIDE THE FOLLOWING
INFORMATION
Student Name
___________________________________
Medical Record# ______________________
Last First M.I.
Date of last appointment with this individual:
Clearly describe this individual’s visual impairment.
Summarize the assessment
procedures and evaluation instruments used to diagnose the impairment.
Specify functional limitations related to the
condition(s), i.e., length of time able to read, write, size of print needed,
how long activity can be performed before needing a break, and how long breaks
should last.
Specify visual acuity with best correction:
Provide a description of treatment(s) and/or
assistive devices used to minimize impact of the impairment.
List medication side effects
(if applicable).
Indicate the prognosis with
anticipated duration of limitations and impairment.
Please attach all supportive
Signature
_________________________________________
Date________________________________
Name & Degree
____________________________________
Lic. Type & No._______________________
Address_______________________________________________________________________________
Phone _____________________________ Fax
________________________________
Note: Qualified diagnosing professionals are
licensed psychologists, psychiatrists, neurologists, and in some instances
general practice physicians. The
diagnosing professional must have expertise in the differential diagnosis of
the documented mental disorder or condition and follow established practices in
the field.
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Phone (574) 239-8383 • Fax
(574) 239-8323
Speech Impairments
Speech impairments may have many causes — hearing
loss, illness, injury, and congenital or psychological conditions. Speech
impairments are found alone and in combination with other disabilities. Speech impairments range from problems with
articulation or voice strength to an inability to speak at all. Unless the
impairment is recent, students with speech impairments generally have had some
speech therapy.
Things to Keep in Mind:
Suggested Tips for Instructors
Accommodations to Consider:
Mobility and Dexterity Impairments
Most mobility limitations result from neuromuscular
and orthopedic disabilities that result in wide variations in the remaining
physical abilities. The most common mobility disabilities among students are
spinal cord injuries, cerebral palsy, multiple sclerosis, muscular dystrophy,
post-polio paralysis, spina bifida and others that result in quadriplegia and
paraplegia. Do not generalize with regard to specific limitations of persons
with these kinds of disabilities. Functional abilities vary widely not only
among the disabilities, but also among students with the same disability.
General conditions affecting the degree of limitation may include age at onset,
progression rate, disorder, level and extent of injury, and response to
treatment. Some disabilities are progressive (as in muscular dystrophy); others
are not. Limitations associated with some disabilities fluctuate with periods
of remission and exacerbation (as in multiple sclerosis and arthritis), some
may remain constant (as in spina bifida), and others may improve with time and
therapy.
The student
with the disability is the best source of
Mobility Limitations
Access and timely travel are the major concerns of
students who use wheelchairs, crutches, canes, walkers, braces, or other
mobility aids. These students must learn the routes across campuses that do not
present barriers (stairs, curbs, narrow walkways, heavy doors, and some
elevators).
Suggested Tips for Instructors:
Accommodations to Consider:
Hand and Arm Dexterity Limitations:
Students may have hand and arm dexterity limitations
alone (carpal tunnel syndrome where the nerve in the wrist is compressed) or in
conjunction with mobility limitations (spinal cord injury quadriplegia).
Generally speaking, hand dexterity limitations have greater impact on academic
functioning than mobility limitations, but again, the specific limitation will
depend on the type and severity of the disability.
Things to Keep in Mind:
Suggested Tips for Instructors:
Accommodations to Consider:
DOCUMENTATION OF MOBILITY
IMPAIRMENT
In order for Holy Cross
College to provide disability-related services, The Coordinator of Disability
Services needs to establish that this student has a disability under Indiana
law, which defines a disability as an impairment that limits a major life
activity. This form is designed to help make that determination.
PLEASE PROVIDE THE FOLLOWING INFORMATION
Student Name _____________________________ Medical Record#____________________________
Last First M.I.
Date of last appointment
with this individual:
Clearly describe this
individual’s medical or mobility impairment.
Summarize the
assessment procedures and evaluation instruments used to diagnose the
impairment.
Specify functional
limitations related to the condition(s), i.e., length of time able to write, keyboard,
walk before needing a break, and how long breaks should last before resuming
activity.
Provide a description of
treatment(s) with anticipated effectiveness in minimizing the impact of the
impairment.
List medication
side effects (if applicable).
Indicate the
prognosis with anticipated duration of limitations and impairment.
Please attach all supportive
Signature
_________________________________________
Date________________________________
Name & Degree
____________________________________
Lic. Type & No._______________________
Address_______________________________________________________________________________
Phone _____________________________ Fax
________________________________
Note: Qualified diagnosing professionals are
licensed psychologists, psychiatrists, neurologists, and in some instances general
practice physicians. The diagnosing
professional must have expertise in the differential diagnosis of the
documented mental disorder or condition and follow established practices in the
field.
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Phone (574) 239-8383 • Fax
(574) 239-8323
Housing Accommodations for Students
with Disabilities or Chronic Health Conditions
Holy
Accommodations take time to arrange and Residence Life
must consider a full range of requests from many students, which can affect the
allocation of resources. For these
reasons, it is important that housing accommodations requests for pre-existing
conditions be made at the time of applying for housing; late applications may
be very difficult or impossible to accommodate.
When submitting a housing application, students must
provide information regarding their disability or chronic health condition by
submitting the form below. Submitting
this documentation does not guarantee students’ receiving the recommended
housing accommodations. The information
provided will be shared only with other relevant staff in a discreet and
confidential manner and will be used only as permitted under Section 504 of the
Rehabilitation Act of 1973. This
information will have no bearing on students’ general eligibility for housing.
Students with disabilities or chronic health
conditions are assigned roommates in the same manner as all other residence
hall applicants unless they specifically request a single and one is available
at the time their application is processed.
Some disabilities or chronic
health conditions are not always apparent;
DOCUMENTATION FOR HOUSING
ACCOMMODATIONS
In order for
PLEASE PROVIDE THE FOLLOWING INFORMATION
Student Name _____________________________ Medical Record#____________________________
Last First M.I.
Date of last appointment
with this individual:
Clearly describe this
individual’s disability or chronic health condition.
Specify functional
limitations related to the condition.
Indicate the
prognosis with anticipated duration of limitations and impairment.
Clearly describe
the desired housing accommodation.
Suggest possible alternatives
if the recommended accommodation is not possible.
Please attach all supportive
Signature
_________________________________________
Date________________________________
Name & Degree
____________________________________
Lic. Type & No._______________________
Address_______________________________________________________________________________
Phone _____________________________ Fax
________________________________
Note: Qualified diagnosing professionals are
licensed psychologists, psychiatrists, neurologists, and in some instances
general practice physicians. The
diagnosing professional must have expertise in the differential diagnosis of
the documented mental disorder or condition and follow established practices in
the field.
Christopher
J. Dreyer, CSC, MS, MSW, LCSW • Disability Services Coordinator
Phone (574) 239-8383 • Fax
(574) 239-8323
THE
It is the institution’s obligation
under Section
Accommodations are
indicated on the
Students must complete a
Request for Accommodations form in order for the Disability Services
Coordinator to contact their instructors. Because courses and instructors
change each semester, students must request the Disability Services Coordinator
prior to or at the beginning of each semester to contact their instructors is
students want to continue to receive accommodations. The accommodations go into
effect when students request them; they are not retroactive.
It benefits both student
and instructor to discuss the accommodations indicated in the
ACCOMMODATION SERVICES
Student Name: Date:
The student named above
qualifies for services highlighted below as of the date listed above:
·
Extended test times on exams and quizzes
·
Minimal-distraction testing environment outside of the classroom
·
Use of student-owned word processor with spell checker for tests, taking
notes, writing assignments, etc.
·
Use of calculator
·
Tape recording of classes by student
·
Assistance with taking notes
·
Large print on handouts and test materials
·
Audio textbooks (i.e. is eligible for recordings for the blind)
·
Wheelchair space
Other: __________________________________________________________________
Under the Americans with
Disabilities Act (ADA) and Section
KINDS OF ACCOMMODATIONS
Extended time on tests
The customary time
extension granted for “extended time” is double time. For example, if a test is
scheduled for 50 minutes in the classroom, the accommodation would be for 100
minutes.
Minimal-distraction testing environment outside of
the classroom
Instructors must provide
this accommodation to their students in a minimal-distraction testing
environment outside of the classroom. This accommodation is particularly
important for students with Attention Deficit Disorders, Anxiety Disorders or
Reading and/or Writing Disabilities.
Use of computer for in-class essays
Computers with spell check
may be used during exams and in-class essays for students with a Writing
Disability or Reading Disability or students with limited writing ability.
Use of a 4-function calculator
Use of a calculator during
exams is recommended for some students with a Mathematics Disability
Permission to tape lectures
Students with writing,
hearing or processing deficits may qualify to tape record class lectures.
Students are instructed always to
Assistance with taking notes
Students may ask
instructors for a copy of the outline of lecture notes or transparencies prior to
class. Students may also ask instructors
for assistance with copying another student’s notes.
Tests in large print
Students who are visually
impaired or have a Reading Disability qualify for and request this
accommodation, which is usually provided by faculty.
Audio Textbooks
Students may request
textbooks recorded on a CD. Because Holy
Cross College loans these items, students are required to return any materials
to the DSC; failure to do so may result in a fine.
Accessibility
Classroom buildings must be
readily accessible and usable to individuals with disabilities. If a class,
workshop or class-related event is scheduled in a building that does not
provide access, the location must be changed to provide equal accessibility to
disabled students. All programs and services must be provided in a manner that
affords the student maximum integration with non-disabled peers.
FACULTY REFERRALS
Most students with disabilities
self-identify to the Disability Services Coordinator office early in their
college experience; however, some students attend college with an undiagnosed
learning disability. They may have struggled through high school by meeting
minimal standards and not have been identified as having any academic problems.
The instructor’s observations in the classroom are invaluable. A referral to
the DSC to discuss their learning difficulties may result in a referral for
further testing and a long overdue diagnosis. The following clues may help
instructors in the referral process.
Do you have a student in
class who:
If you have a student who
has any or some of the above characteristics, you may have a student with an
undiagnosed disability. It is recommended that the instructor refer the student
to the Disability Services Coordinator in order to make a referral to an
outside agency for a complete assessment and possible diagnosis.
ISSUES AND ANSWERS
Section
The Rehabilitation Act (1973), Section
Holy Cross College must operate its programs so individuals with
disabilities may have access to the greatest extent possible. YES.
Section
Student requests for accommodations must be granted when the
accommodation would result in a fundamental alteration of the program/course.
NO.
Academic requirements that the institution can show are essential to the
student’s course of study do not have to be modified/accommodated. In other
words: the institution would not have to change a requirement if it could
demonstrate that such a change would fundamentally alter the nature of the
course. The Ohio Civil Rights Commission upheld Case Western Reserve
University’s refusal to accommodate a student because such accommodation would
unduly burden the school and require it to modify the essential nature of its
program (Kincaid. 1995). The case relied on federal law (Southeastern Community
College v. Davis, 1979) in its decision that the student was not otherwise
qualified with or without accommodation.
Faculty and/or staff are required to provide a student with a disability
accommodation even if the student does not request it. NO.
The student has the responsibility to self-identify to the Disability Services
Coordinator, provide documentation of a disability and ask for accommodation
before the institution is required to provide that accommodation. In the case
of Salvador v. Bell, the Office of Civil Rights (OCR) ruled in favor of
Roosevelt University because the student had not self-identified and requested
the necessary accommodation (Jarrow, 1991).
Faculty and/or staff are prohibited from counseling a student with a
disability into a more restrictive career path than are recommended to a
non-disabled student with similar abilities and interests. YES.
Section
A student with a learning disability must have a diagnostic evaluation that
is less than three years old to be eligible for reasonable accommodations. YES.
Although OCR has not made a specific ruling on this issue, it is
generally accepted procedure to ascertain that appropriate academic
accommodations can only be made on the current functioning level of the
student. OCR was aware of the ruling at the University of Arizona and did not
indicate that it was inappropriate (D. Perreira, personal communication,
October 4, 1995). Boston University has indicated that it follows the three-year
limit on documentation for learning disabilities and recently announced that
currently enrolled students must keep their documentation updated (Lewin,
1996).
A student with a learning disability may ask for an expect
accommodations in a program, service, or classroom even though the student has
not provided documentation to the Disability Services Coordinator. NO.
A student is required to provide the Disability Services Coordinator
with the necessary documentation from a licensed professional that the
disability exists before any classroom accommodation need be provided. This
documentation must be current within the last three years. In Salvador v. Bell,
the OCR ruled that the institution was under no obligation to provide
accommodation for a student with a disability who fails to provide
documentation of the disability (Jarrow, 1991).
A program or classroom location should be changed if necessary to
provide accessibility for a student with a mobility disability. YES.
Section
A student with a speech disorder must be given an alternate assignment
to presenting an oral report if identified as a needed accommodation. YES.
Under Section
Faculty and staff members have the right to access diagnostic
Faculty members do not have the right to access the student’s diagnostic
If a student’s disability documentation specifically recommends a quiet
testing area with no distractions, the instructor must allow the student to
take an exam in a room different from the classroom. YES.
The Rehabilitation Act (1973), Section
An individual faculty or staff member who fails to provide an
accommodation to a student with a documented disability may be held personally
liable. YES.
In the case of Dinsmore v.
The instructor’s academic freedom permits the instructor to decide if
s/he will provide special aids and services for students with disabilities in
the classroom. NO.
The individual faculty member’s academic freedom cannot supersede the
rights of a student with a disability for the provisions of documented
accommodations (Jarrow, 1991).
STUDENT, FACULTY AND STAFF ROLES AND RESPONSIBILITIES
Students with Disabilities:
(Adapted from Project
Programs, The
The Disability Services
Coordinator (DSC):
The Senior Vice-President:
Faculty:
Staff:
(Adapted from 1999
Publication: Disability Compliance for Higher Education)
ADAPTING
EMERGENCY PROCEDURES FOR INDIVIDUALS WITH DISABILITIES
GUIDELINES FOR INDIVIDUALS WITH DISABILITIES
There is consensus that individuals with disabilities should take responsibility themselves,
both before and during an emergency to prepare for evacuation. To assist
them in assuming this responsibility, these guidelines suggest what should be
done before and during an emergency situation. It is recommended that
individuals with disabilities have two escape plans - one for when they are in the company of a non-disabled individual
and one for when they are alone.
It is equally
important for the entire faculty and staff of
Before
an Emergency
During
an Emergency
DISABILITY SPECIFIC GUIDELINES
INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING
The severity of hearing loss can be expressed in
decibel levels. An individual with
profound hearing loss or deafness can’t hear sounds lower than 90 decibels and
is not helped by a hearing aid (heavy traffic or the sound of an alarm clock
two feet away is 80 decibels). Someone who can hear decibel levels of 70 to 90
and above is considered to have a severe hearing loss, but a hearing aid can be
of some help. A person who is hard of
hearing is someone whose sense of hearing ranges from mild (25 to 40 decibels)
to moderate (40 to 70); a hearing aid is helpful. (Rice Krispies are a 30
decibel sound; ordinary conversation is 50-60 decibels). Some individuals with
hearing loss can sign or lip read, but lip reading is a technique with
limitations because only 26% to 33% of spo
Provide
alternative warning techniques. As the individual with a hearing loss may not
perceive an audio emergency alarm, alternative warning techniques, such as the ones
listed below may be needed:
Observe
general guidelines for oral communication. As each individual with a hearing loss
functions differently, s/he is the best source of information about
communication tips. There are, however, a few general guidelines for oral
communication during an emergency:
INDIVIDUALS WITH LEARNING DISABILITIES
Individuals with learning disabilities constitute a
heterogeneous group: while one individual may have particular difficulty in
reading, another may have difficulty in oral communication, and still another
may have difficulty in interpreting floor plans, or in a combination of these
areas. The characteristics that might require adaptation in emergency
evacuation procedures will not pertain to all students with learning
disabilities but will pertain to some. Following are compensatory techniques
that may help individuals with learning disabilities.
Provide
alternatives for individuals who may have difficulty reading printed
directions. In order to ensure that
students with reading difficulty fully comprehend direction, the following
would be helpful:
INDIVIDUALS WITH MOBILITY IMPAIRMENT
Individuals with mobility impairments represent a
range of conditions both temporary and permanent. Some individuals with mobility impairments
may need special equipment such as wheelchairs, braces, or crutches to move
around the campus; others whose impairments are less visible may have decreased
coordination or stamina and may need to move at a slower pace or rest
frequently.
It is extremely important for people with mobility
impairments to be aware of the procedures in the event of an emergency. They should participate in all emergency
drills to practice these procedures. At these drills, the effectiveness of
the procedures can be measured and the appropriate modifications made.
Individuals
with mobility impairments need to be aware of the evacuation routes for the
different buildings they will encounter. If the
individual is aware of a safe means of egress prior to an emergency, safety
personnel will be free to assist those in areas that are less accessible.
If you use a wheelchair or a walking aid, you are
very likely well aware of impediments and barriers created by building
features. While some of these barriers are normally a nuisance, they can be a
life saver in case of fire. In a fire you want to have protective walls and
closed doors between yourself and the fire. In fact a solid wood door can
usually hold back a raging fire for about 15 minutes giving you extra time to
escape or arrange for help.
If you can manage the stairs without assistance,
keep in mind that a crowd of people can descend at a speed about three or four
stories each minute. You may want to go down the stairs behind such people. The
corners of exit stairway landings often provide adequate space for you to stand
or to park your wheelchair without seriously obstructing others while you rest
or wait.
Be aware of all your evacuation and refuge options.
Locate the other exit or exits. Other refuge options may be available if each
story of the building is divided into special compartments each of which has
direct access to an exit. But be cautious. The
elevator in the
You will also benefit from doors and evacuation
options in your dorm room. For example, a second bedroom door into an adjoining
bedroom provides another route when the corridor is impassable due to smoke.
Something like a mechanic’s creeper or dolly, normally kept under your bed,
might help you to move faster to a safer room. If you are comfortable with the
idea and if it works, have some people serve as “buddies.” Tell them how they
can best help you in an emergency. You are the expert here.
People
communicating with an individual with a mobility impairment should speak
directly to the individual as they would to any other. For an individual in a wheelchair,
conversation is often difficult because each person is at a different eye
level. In an emergency situation, it is advisable to maintain eye contact to
insure that all directions are heard and understood. This will require
adjusting body position to achieve the same eye level as the individual in the
wheelchair. An individual whose speech is difficult to understand can be asked
to repeat what was just said. An individual can be asked if s/he is able to
walk with assistance. This may speed up
evacuation.
There are other models of evacuation that involve
individuals physically carrying persons from the building. Given the
possibility of injury, these are not advisable options except in the most
extreme of circumstances. Certainly at no time is it
advisable that an untrained person attempt to carry another individual to safety.
INDIVIDUALS WITH PSYCHOLOGICAL DISABILITIES
In the past, few special accommodations have been
made for individuals with psychological disabilities. Many of these individuals
hesitate to self-identify, fearing the stigma that is often associated with
these disabilities.
Individuals with psychological disabilities who are
willing to self-identify may make arrangements prior to an emergency to use the
areas of rescue assistance located in the Vincent Classroom Building; each has
a two-way communication system so that the individuals will be able to
communicate with safety personnel.
INDIVIDUALS WITH VISUAL IMPAIRMENT
Some individuals with visual impairment are totally
blind and see no light at all or may have some light sensation. However, most individuals with visual
impairment would be considered “legally blind.” Those individuals range from
those who can see shapes well enough to walk around without a cane during the
day to those who have little obvious difficulty short of a need to read large
print. It is common to be “more blind”
in dark areas or at night than in light areas or daylight.
Provide
orientation to building. In an emergency individuals
with sight can often look around quickly to find a fire exit, alarm box, or
phone, but individuals with visual impairment must already know where alarms
and emergency exits are located in order to be able to respond rapidly in an
emergency. It is important for them to become oriented to the buildings where
they spend time such as the dorm, library, office, computer center, and
classroom. This orientation is usually done by a trained orientation and
mobility specialist or other qualified person who works with them to learn the building
layout and then helps them familiarize themselves with vital safety information
There are a number of day-to-day situations when an
individual is alone and must be able to evacuate from the building
independently, and if escape routes are blocked, protect him/herself and ask
for help quickly. For places where an individual with a visual impairment tends
to be alone, s/he must:
Individuals
with visual impairment or blindness should be evacuated together with sighted
students. The
presence of a blind individual will not interfere with the evacuation. In fact
an individual who is blind makes an excellent guide in the dark when s/he is
familiar with a building. In a case where lights are out and there is not
enough light for sighted people to find their way around, a blind individual
can usually lead the evacuation. In the dark a blind individual can also dial
the telephone easily to call for help because s/he has memorized the telephone
keypad.
Provide
guides. In an emergency an
individual with a visual impairment may want to be guided out of a building by a
classmate, roommate, and friend or by the professor, R.A., or supervisor. The
person in charge should ask the individual in advance to determine if s/he
would like to be guided in an emergency.
If it is unclear at the time of an actual emergency, the person in
charge should ask again in case the individual with the visual impairment has
had a change of mind.
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Student Grievance Procedures Relating to Complaints Under the
Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and the
ADA Amendments of 2008
Purpose and Scope
Holy Cross College prohibits discrimination on the basis of
disability. The purpose of these procedures is to provide the process for
addressing student disability discrimination grievances. These procedures do
not replace any other College policies or procedures.
Definitions
A. Grievance: Grievance
means a complaint alleging any policy, procedure or practice which would be
prohibited by the ADA, the Rehabilitation Act of 1973,or ADA Amendments of
2008.
B. Grievant: Grievant
means a student who submits a grievance relevant to the ADA, the Rehabilitation
Act of 1973, or ADA Amendments of 2008.
C. Respondent: Respondent
means any College officer, administrator, faculty or staff member acting in
their official capacity and alleged to be responsible for the violation(s)
alleged in a grievance. The term may be used to designate persons with direct
responsibility for a particular action or those persons with supervisory
responsibility for procedures and policies in those areas covered in the
grievance.
Filing of Grievance
A. Eligibility for
Filing: Any Holy Cross College student may file a grievance relating to the
ADA, the Rehabilitation Act of 1973, or ADA Amendments of 2008.
B. Pre-Grievance
Meeting: Prior to the filing of a written grievance, the grievant should
first consult with and have a meeting with the respondent alleged to be
directly responsible for the possible violation and/or persons with immediate
supervisory authority related to the grievance. These persons will make
reasonable efforts to meet with a Holy Cross grievant to discuss a complaint.
If the matter cannot be resolved informally at this level, a written grievance
may be submitted to the Dean of Faculty or Dean of Students.
Formal Grievance Procedure
A. Grievance Filing: All
grievances shall be in writing and shall provide the following information:
(1)
Name, address and telephone number of grievant(s);
(2) The
nature, date and description of the alleged violation(s);
(3) The
name(s) of the person or persons responsible for the alleged violation(s);
(4) The
requested relief for corrective action; and
(5) Any
background information the grievant believes to be relevant.
B. Time Limit for
Grievance Filing: A grievance must be filed within 30 days of the alleged
violation.
C. Notification of
Respondent(s): Upon receipt of a formal grievance, the Dean of Faculty or
Dean of Students will review the student’s written appeal. If it meets the above requirements, the Dean
will forward the written appeal to a Student Hearing Board and shall send the
respondent a copy of the complaint and ask the respondent to reply to the
charges within 20 calendar days. The response should include any denial, in
whole or part, of the charges.
D. The Disability
Grievance Committee: When the Dean of Faculty or Dean of Students receives
a response to a complaint, or 21 days after sending the respondent a copy of
the complaint, whichever occurs first, he or she shall convene the Student
Hearing Board, which, in turn, shall conduct a hearing on the grievance within
30 calendar days thereof. The Coordinator of Disability Services shall not be
eligible to serve on the Student Hearing Board.
Hearing Procedure
A. All parties shall be
afforded reasonable opportunity for informal opening statements and for the presentation
of relevant witnesses and pertinent documentary evidence at the hearing.
B. The Hearing Board shall
have the right to question any and all witnesses, to examine documentary
evidence and to summon other witnesses as the board deems necessary. Witnesses
shall not be present during the testimony of any party or any other witness.
C. All parties shall have
the right to the advice of legal counsel of their choice outside of the
hearing; however, neither party may proceed through legal counsel at the
hearing. Hearings shall not be public and shall be open only to the Hearing
Board, the parties and witnesses while testifying.
D. The grievant and
respondent shall provide to the chairperson of the Hearing Board all documents
to be used and relied upon at the hearing, and any witnesses they intend to
call, no later than seven days prior to the hearing. There shall also be a
simultaneous exchange of this information between the parties. Witnesses and
documents not so disclosed shall not be presented to the Hearing Board.
E. After the hearing is
concluded, the Hearing Board shall deliberate its findings and forward its
recommendation to the Dean of Faculty or Dean of Students. Within 10 days after
the hearing is concluded, the Dean of Faculty or Dean of Students shall
transmit a written copy of its findings and recommendation(s) to the parties
involved.
F. Either party may appeal to the Senior
Vice-President within 10 days of receiving the Hearing Board’s recommendations
if one or both of the following criteria are met:
(1) There was a flaw in the manner in which the
appeal process was implemented;
(2) There is significant new and relevant
information that was not available at the time the first appeal was evaluated,
and if considered, might change the outcome.
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 September 2007.
September 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 district’s jurisdiction. Whatever the disability, a
school district must identify an individual’s 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 school’s 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 school’s 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/cgi-win/TypeQuery.exe?902
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
person—frequently called the Section 504 Coordinator, ADA Coordinator, or
Disability Services Coordinator—– who coordinates the school’s 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 school’s 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
school’s 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
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*/You may be familiar with
another federal law that applies to the education of students with
disabilities—the 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.
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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.
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