Transition
From High School
Please
refer to the following Office of Civil Rights publication
for explanation of typical transition questions. "Students
with Disabilities Preparing for Postsecondary Education:
Know
Your Rights and Responsibilities" published
by U.S. Department of Education Office for Civil Rights,
Washington, D.C., July 2002
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 that postsecondary schools
have toward you. Being well informed will help ensure that
you have a full opportunity to enjoy the benefits of the postsecondary
education experience without confusion or delay.
The
Office for Civil Rights (OCR) in the U.S. Department of Education
is providing the information in this pamphlet to explain 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 that 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.*
*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.
Because
both school districts and postsecondary schools must comply
with these same laws, you and your parents might believe that
postsecondary schools and school districts have the same responsibilities.
This is not true; 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
include modifications to academic requirements and auxiliary
aids and services, for example, arranging for priority registration;
reducing a course load; substituting one course for another;
providing notetakers, 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 probably will 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 must 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
to do it. 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 this Department of Education Web page: http://www.ed.gov/offices/OSER/RSA/Resources/State/.
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 also would 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 also must 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, 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
U.S.
Department of Education
Rod Paige
Secretary
Office
for Civil Rights
Gerald A. Reynolds
Assistant Secretary
July
2002
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., 2002.
Any
updates to this publication will be available at this Web
site. On request, this publication is also available in alternate
formats, such as Braille, large print, audiotape or computer
diskette. For more information, please contact the Department's
Alternate Format Center 202-260-9895 or (202) 205-8113.
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