**Know Your Rights and Responsibilities**

Reproduction and ordering information

**U.S. Department of Education**    Arne Duncan*Secretary*
* Assistant Secretary *
	 First published July 2002. Reprinted May 2004.   	Revised September 2007. Revised September 2011. 

### U.S. Department of EducationOffice for Civil RightsWashington, D.C. 20202

***September  2011***

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* (Section504) 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 Section 504 and Title II apply to both school districts and postsecondary  schools, the responsibilities of postsecondary schools differ significantlyfrom 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 educational 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, however, 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 that 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 havea disability.

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

No. But if you want the school to provide an academic  adjustment, you must identify yourself as having a disability. Likewise, you  should let the school know about your disability if you want to ensure that  you are assigned to accessible facilities. In any event, your disclosure ofa 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 services, as well as modifications to academic requirements  as necessary to ensure equal educational opportunity. Examples of 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 substantially modify 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 adjustments that would fundamentally alter the  nature of a service, program, or activity, or that would result in an undue  financial or administrative burden. 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 to 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  those procedures. In their publications providing general information, postsecondary  schools usually include 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 websites. 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 admissionsofficer 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 the school has enough time toreview 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 showing that you have a current disability and needan 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,  as well as supporting information, such as the date of the diagnosis, how that  diagnosis was reached, and the credentials of the diagnosing professional;  information on how your disability affects a major life activity; and information  on how the disability affects your academic performance. The documentation  should provide enough information for you and your school to decide what is  an appropriate academic adjustment.
An individualized education program (IEP) or Section 504 plan, if you have  one, may help identify services that have been effective for you. This is generally  not sufficient documentation, however, because of the differences between postsecondary  education and high school education. What you need to meet the new demands  of postsecondary education may be different from what worked for you in high  school. 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 toprovide 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. You may, therefore, 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 at http://rsa.ed.gov by clicking on “Info about RSA,” then “People andOffices,” and then “State Agencies/ Contacts.”

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

To determine an appropriate academic adjustment, the school  will review your request in light of the essential requirements for the relevant  program. 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 it may offer  an effective alternative. 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 foryou.

**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 schoolshould work together to resolve the problem.

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

No. Nor may it charge students with disabilities more  for participating in its programs or activities than it charges students whodo 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,Title  II, or both laws. You may contact that 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. But 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 that 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 of the school’s grievance procedures  or wish to pursue an alternative to using those 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 embracenew 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 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 thatmay 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., 2011.

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