*A Guide for High School Educators*

Reproduction and ordering information

**U.S. Department of Education**    Arne Duncan*Secretary*

**Office for Civil Rights**		Russlynn Ali*Assistant Secretary*

	 First published March 2007. Reprinted March 2011.  

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

March 2011

**Contents**

 

Introduction

Frequently Asked Questions

The Admissions Process

Post-Admission: Documentation of a Disability

Keys to Success: Attitude, Self-Advocacy and Preparation

Endnotes

# 

**Introduction**

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

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

  This guide was developed by the U.S. Department of Education’s Office for Civil  Rights (OCR).  OCR has enforcement responsibilities under *Section 504 of the Rehabilitation  Act of 1973* (Section  504), as amended, and Title II of the *Americans with Disabilities Act of  1990*,  as amended, (Title II), which  prohibit discrimination on the basis of disability. Every school district and  nearly every college and university  in the United States is subject to one or both of these laws, which have similar  requirements.1 Private  postsecondary institutions that do not receive federal financial assistance  are not subject to Section 504  or Title II. They are, however, subject to Title III of the *Americans with  Disabilities Act*, which is enforced  by the U.S. Department of Justice and which prohibits discrimination on the  basis of disability byprivate entities that are not private clubs or religious entities.

  This guide also makes reference to Part B of the *Individuals with Disabilities  Education Act (IDEA)*,  which provides funds to states to assist in making a free appropriate public  education (FAPE) available to  eligible children with disabilities. *IDEA* requirements apply to state education  agencies, school districts  and other public agencies that serve *IDEA*-eligible children. Institutions of  postsecondary education  have no legal obligations under the *IDEA*.2

  Similarly, this guide references the state Vocational Rehabilitation (VR) Services  Program, authorized  by the *Rehabilitation Act*, which provides funds to state VR agencies to assist  eligible individuals with  disabilities in obtaining employment. State VR agencies provide a wide range  of employment-related  services, including services designed to facilitate the transition of eligible  students with disabilities from  school to post-school activities.3

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

**Frequently Asked Questions**

**The Admissions Process**

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

  It depends. In general, tests may not be selected or administered in a way  that tests the disability rather  than the achievement or aptitude of the individual.4 In addition, federal law  requires changes to the testing  conditions that are necessary to allow a student with a disability to participate  as long as the changes do not  fundamentally alter the examination or create undue financial or administrative  burdens.5 Although some  institutions of postsecondary education may have their own entrance exams,  many use a student’s score on  commercially available tests. In general, in order to request one or more changes  in standardized testing  conditions, which test administrators may also refer to as “testing accommodations”6,  the student will need  to contact the institution of postsecondary education or the entity that administers  the exam and provide  documentation of a disability and the need for a change in testing conditions.  The issue of documentation  is discussed below. Examples of changes in testing conditions that may be available  include, but are not  limited to:

- Braille;
- Large print;
- Fewer items on each page;
- Tape recorded responses;
- Responses on the test booklet;
- Frequent breaks;
- Extended testing time;
- Testing over several sessions;
- Small group setting;
- Private room;
- Preferential seating; and
- The use of a sign language interpreter for spoken directions.

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

  Generally, institutions of postsecondary education are not permitted to make  what is known as a  “preadmission inquiry” about an applicant’s disability status. Preadmission  inquiries are permitted only if the  institution of postsecondary education is taking remedial action to correct  the effects of past discrimination  or taking voluntary action to overcome the effects of conditions that limited  the participation of individuals  with disabilities.7

Examples of impermissible preadmission inquiries include: *Are you in good  health? Have you been hospitalized  for a medical condition in the past five years?*Institutions of postsecondary  education may inquire about an  applicant’s ability to meet essential program requirements provided that such  inquiries are not designed to  reveal disability status. For example, if physical lifting is an essential  requirement for a degree program in  physical therapy, an acceptable question that could be asked is, *With or  without reasonable accommodation,  can you lift 25 pounds?* After admission, in response to a student’s request  for “academic adjustments,8”  reasonable modifications or auxiliary aids and services, institutions of postsecondary  education may ask fordocumentation regarding disability status.

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

  No. If an applicant meets the essential requirements for admission, an institution  may not deny that  applicant admission simply because he or she has a disability, nor may an institution  categorically exclude an  applicant with a particular disability as not being qualified for its program.9 For instance, an institution may  not automatically assume that all applicants with hearing or visual impairments  would be unable to meet  the essential eligibility requirements of its music program. An institution  may, however, require an applicant  to meet any essential technical or academic standards for admission to, or  participation in, the institution  and its program.10 An institution may deny admission to any student, disabled  or not, who does not meet  essential requirements for admission or participation.

**4. Are institutions obligated to identify students with disabilities?**

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

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

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

**Post-Admission: Documentation of a Disability**

**6. What are academic adjustments and auxiliary aids and services?**

  Academic adjustments are defined in the Section 504 regulations at 34 C.F.R.  § 104.44(a) as:            [S]uch modifications to [the] academic requirements as are necessary to ensure      that such      requirements do not discriminate or have the effect of discriminating, on the      basis of [disability]      against a qualified ... applicant or student [with a disability]. Academic      requirements that the      recipient can demonstrate are essential to the instruction being pursued by      such student or to any      directly related licensing requirement will not be regarded as discriminatory      within the meaning of      this section. Modifications may include changes in the length of time permitted      for the completion      of degree requirements, substitution of specific courses required for the completion      of degree      requirements, and adaptation of the manner in which specific courses are conducted.11

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

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

  Institutions may set their own requirements for documentation so long as they  are reasonable and comply  with Section 504 and Title II. It is not uncommon for documentation standards  to vary from institution  to institution; thus, students with disabilities should research documentation  standards at those institutions  that interest them. A student must provide documentation, upon request, that  he or she has a disability, that  is, an impairment that substantially limits a major life activity12 and that  supports the need for an academic  adjustment. The documentation should identify how a student’s ability to function  is limited as a result  of her or his disability. The primary purpose of the documentation is to establish  a disability in order to  help the institution work interactively with the student to identify appropriate  services. The focus should  be on whether the information adequately documents the existence of a current  disability and need for an  academic adjustment.

**8. Who is responsible for obtaining necessary testing to document the existenceof a disability?**

  The student. Institutions of postsecondary education are not required to conduct  or pay for an evaluation  to document a student’s disability and need for an academic adjustment, although  some institutions do  so. If a student with a disability is eligible for services through the state  VR Services program, he or she  may qualify for an evaluation at no cost. High school educators can assist  students with disabilities in  locating their state VR agency at http://rsa.ed.gov (click on “Info about RSA,”  then “Resources,” then “State  and Local Government Employment Resources,” then “Vocational Rehabilitation  Offices”). If students  with disabilities are unable to find other funding sources to pay for necessary  evaluation or testing for  postsecondary education, they are responsible for paying for it themselves.

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

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

  Generally, no. Although an IEP or Section 504 plan may help identify services  that have been used by  the student in the past, they generally are not sufficient documentation to  support the existence of a  current disability and need for an academic adjustment from an institution  of postsecondary education.  Assessment information and other material used to develop an IEP or Section  504 plan may be helpful to  document a current disability or the need for an academic adjustment or auxiliary  aids and services. In  addition, a student receiving services under Part B of the *IDEA* must be provided  with a summary of his or  her academic achievements and functional performance that includes recommendations  on how to assist  in meeting the student’s postsecondary goals.13 This  information may provide helpful information about  disability and the need for an academic adjustment.

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

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

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

  A diagnosis of impairment alone does not establish that an individual has a  disability within the meaning  of Section 504 or Title II. Rather, the impairment must substantially limit  a major life activity, or the  individual must have a record of such an impairment or be regarded as having  such an impairment.14 A  diagnosis from a treating physician, along with information about how the disability  affects the student,  may suffice. As noted above, institutions of postsecondary education may set  their own requirements for  documentation so long as they are reasonable and comply with Section 504 and  Title II.

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

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

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

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

**Post-Admission: Obtaining Services**

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

  It depends. Institutions are not required to provide an academic adjustment  that would alter or waive  essential academic requirements.15 They also do not have to provide an academic  adjustment that would  fundamentally alter the nature of a service, program or activity or result  in undue financial or administrative  burdens considering the institution’s resources as a whole.16 For example,  an appropriate academic  adjustment may be to extend the time a student with a disability is allotted  to take tests, but an institution  is not required to change the substantive content of the tests. In addition,  an institution is not required to  make modifications that would result in undue financial or administrative burdens.  Public institutions are  required to give primary consideration to the auxiliary aid or service that  the student requests, but can opt to  provide alternative aids or services if they are effective. They can also opt  to provide an effective alternative  if the requested auxiliary aid or service would fundamentally alter the nature  of a service, program or activity  or result in undue financial or administrative burdens. For example, if it  would be a fundamental alteration  or undue burden to provide a student with a disability with a note-taker for  oral classroom presentations and  discussions and a tape recorder would be an effective alternative, a postsecondary  institution may provide thestudent with a tape recorder instead of a note-taker.

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

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

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

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

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

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

**18. How do institutions determine what academic adjustments are appropriate?**

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

**19. Who pays for auxiliary aids and services?**

  Once the needed auxiliary aids and services have been identified, institutions  may not require students with  disabilities to pay part or all of the costs of such aids and services, nor  may institutions charge students  with disabilities more for participating in programs or activities than they  charge students who do not  have disabilities. Institutions generally may not condition their provision  of academic adjustments on the  availability of funds, refuse to spend more than a certain amount to provide  academic adjustments, or refuse  to provide academic adjustments because they believe other providers of such  services exist.17 In many cases,  institutions may meet their obligation to provide auxiliary aids and services  by assisting students in either  obtaining them or obtaining reimbursement for their cost from an outside agency  or organization, such as  a state VR agency. Such assistance notwithstanding, institutions retain ultimate  responsibility for providing  necessary auxiliary aids and services and for any costs associated with providing  such aids and services or  utilizing outside sources. However, as noted above, if the institution can  demonstrate that providing a  specific auxiliary aid or service would result in undue financial or administrative  burdens, considering the  institution’s resources as a whole, it can opt to provide another effective  one.

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

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

**Keys to Success: Attitude,    Self-AdvocacyAnd Preparation**

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

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

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

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

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

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

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

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

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

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

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

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

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

  Web address: http://www.ed.gov/ocr

This publication is in the public domain. Authorization to reproduce it in  whole or in part is granted.  The publication’s citation should be: U.S. Department of Education, Office  for Civil Rights, *Transition  of Students With Disabilities to Postsecondary Education: A Guide for High  School Educators*, Washington,  D.C., 2011.

  To order copies of this publication:

**Write** to: ED Pubs Education Publications Center, U.S. Department of Education,  P.O. Box 22207, Alexandria, VA 22304.

  Or **fax** your order to: 703-605-6794.

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

  Or **order** online at http://edpubs.gov.

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

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

**Endnotes**

1 The *Americans    with Disabilities Act Amendments Act (Amendments Act)*, P.L.  110-325, amended the *ADA* and Section 7 of the *Rehabilitation Act  of 1973*, which contains the disability  definition for Section 504. The  *Amendments Act* became effective on January 1, 2009. The *Amendments  Act* affected  the meaning of the term  “disability” in the ADA and Section 504, most notably by requiring that “disability”  under these statutes be  interpreted broadly. More information about the *Amendments Act* is  available from OCR’s website at http://www.ed.gov/policy/rights/guid/ocr/disability.html and http://www.ed.gov/about/offices/list/ocr/504faq.html.

2 The U.S. Department of Education’s Office of Special Education Programs (OSEP)  administers the *IDEA*.  You can find additional information about the *IDEA* at http://www.ed.gov/about/offices/list/osers/osep,  or  by contacting OSEP at:  Office of Special Education Programs  Office of Special Education and Rehabilitative Services  U.S. Department of Education  400 Maryland Ave. S.W.  Washington, DC 20202-7100  Telephone: 202-245-7459

3 OSERS’ Rehabilitation Services Administration (RSA) administers a formula  grant program that funds state  VR agencies to provide eligible individuals with disabilities with employment-related  services, including  services to facilitate transition. Additional information about this grant  program is available at http://www2.ed.gov/about/offices/list/osers/rsa/index.html or by contacting RSA at:  Rehabilitation Services Administration  U.S. Department of Education  400 Maryland Ave. S.W.  Washington, DC 20202-2800Telephone: 202-245-7488

4 See 34 C.F.R. § 104.42(b) (2010); and 28 C.F.R. § 35.130(b)(8) (2010).

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

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

7 See 34 C.F.R. § 104.42(b)-(c).

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

9 See 34 C.F.R. §§ 104.4 and 104.42; and 28 C.F.R. § 35.130.

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

11 Although the term “handicap” is used in the Section 504 regulation, consistent  with contemporary usage,  this guidance uses the term “disability.”

12 Regulations implementing Section 504 and Title II of the ADA contain non-exhaustive  lists of major  life activities. See 34 C.F.R. § 104.3(j)(2)(ii) (2010) and 28 C.F.R. § 35.104  (2009). The *Amendments Act* included additional examples of general activities and “major bodily functions”  that are major life activities.  See 42 U.S.C. § 12102(2).

13 See 34 C.F.R. § 300.305(e)(3) (2010).

14 See 34 C.F.R. § 104.3; and 28 C.F.R. § 35.104.

15 See 34 C.F.R. § 104.44(a).

16 See 28 C.F.R. § 35.164.

17 See 34 C.F.R. § 104.4; and 28 C.F.R. § 35.130.

 

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