## OFFICE OF THE ASSISTANT SECRETARY

July 25, 2008

You have honored your country through your military  service.  You may have earned educational  benefits as well.  If you are a wounded  warrior, you may wonder whether it will be difficult for you to go back to  school and what accommodations might be available.  The Americans with Disabilities Act (ADA) and  Section 504 of the Rehabilitation Act (Section 504) prohibit discrimination  against qualified individuals with disabilities by covered entities, including  most colleges and universities.  Many  wounded warriors are people with disabilities protected by these laws.

Since the G.I. Bill was introduced during World War II,  millions of veterans have used their educational benefits to return to school  and improve the quality of their lives.   A college graduate, on average, over his or her lifetime, will earn  nearly one million dollars more than a high school graduate.  The earnings gap is even greater for persons  with disabilities who graduate from high school and persons with disabilities  who graduate from college.  Having a  disability should not deter a veteran from using the educational benefits he or  she has earned.  Veterans with  disabilities who are well informed about their rights and the laws protecting  persons with disabilities will find that many perceived barriers and challenges  can be removed or addressed, or simply do not exist.

## **YOUR RIGHTS AS A STUDENT WITH A DISABILITY**

Individuals with disabilities have important protections and  rights under Federal law.  The ADA and Section 504 prohibit discrimination on the basis  of disability and apply to nearly every postsecondary institution in the United States.  Among other provisions, these laws require  postsecondary institutions to provide academic adjustments, auxiliary aids or  reasonable modifications (also referred to as accommodations) to school  policies and practices for students with mental or physical disabilities.  These laws protect students with a variety of  disabilities as defined by the laws’ criteria, including loss of limb, severe  burns, Post Traumatic Stress Disorder, Traumatic Brain Injury, deafness, vision  disabilities, and learning disabilities.

## **BE PROACTIVE**

To receive academic adjustments, veterans with disabilities  must be proactive!  Postsecondary schools  do not have a duty to find students with disabilities.  Rather it is incumbent on a student to notify  a school about any disability that may require academic adjustments.  

After admission, if you believe you will need academic  adjustments, find out which office provides services to students with  disabilities.  Contact the office as  early as possible and determine what supporting documentation is required to  establish that you have a disability and are eligible for academic  adjustments.  You should expect the  postsecondary school to work with you in an interactive process to identify the  needed documentation and to determine the appropriate academic adjustments, if  any.  If you do not actively participate  in the process, you are much less likely to receive appropriate academic  adjustments.

## **INFORMATION YOU MAY NEED TO PROVIDE**

Institutions of higher education are not required to conduct  or pay for an evaluation to document your disability and need for an academic  adjustment, although some institutions do.  Some institutions may help you locate a  qualified individual who may be able to provide the required  documentation.  The State’s Vocational  Rehabilitation (VR) agency or similar agency may also be a source of relevant  information, through the evaluations it conducts to determine eligibility for  VR services, and through the Individualized Plan for Employment developed for  students who are determined VR-eligible.   Evaluations and documentation developed by military or Department of  Veterans Affairs (VA) personnel may be helpful to this process if they address  the extent of the impairment and need for academic adjustments.  In general, documentation focusing on how the  disability affects learning and other major life activities related to the  postsecondary setting would be appropriate.

The amount of information a postsecondary school may seek  from an individual requesting academic adjustments is limited.  The school is entitled only to information  needed to provide a sufficient basis to evaluate the student’s disability and  whether requested academic adjustments are necessary and appropriate for the  individual.  

It is important to note that the standards used by the  military in determining disability for purposes of separation and benefits, as  well as the standards used by the VA to review disability claims, are different  from the definition of disability in Section 504 and the ADA.  Therefore, a determination by the military or  VA that a veteran did not have a disability at the completion of service does  not necessarily mean the veteran does not have a disability for purposes of  Section 504 or the ADA, and does not necessarily limit a veteran’s ability to  independently document disabilities and receive academic adjustments in a  postsecondary setting.  Likewise, a  finding by the military or VA that a veteran is entitled to disability-related  benefits or services does not mean that he or she is automatically entitled to  receive academic adjustments in a postsecondary setting.

## **WHAT YOU CAN EXPECT**

Depending on the level and type of disability involved, some  examples of common academic adjustments are reduced course loads, priority in  class registration, extra time on examinations, real-time transcription  technology or sign language interpreters for people who are deaf or hard of  hearing, audio books for people with vision disabilities, and modified desks  that will accommodate wheelchairs.   Neither the ADA  nor Section 504 requires postsecondary schools to provide personal attendants  to persons with disabilities, but many schools will help students find funding  for one through other sources.

Based on your own documentation and individual  circumstances, postsecondary schools should help you identify necessary and  appropriate accommodations.  Some  postsecondary schools may extend academic adjustments on a temporary basis  while you are collecting your documentation.   If you have questions, you should talk to a counselor or other staff  member in the postsecondary school office or department that provides services  to students with disabilities.  

As noted above, the interactive process between the  postsecondary institution and the student should result in academic adjustments  that the postsecondary school will put into operation.  A school may reject a proposed academic adjustment  because it would fundamentally alter the school’s program (for example, by  lowering its academic standards) or because it would result in undue financial  or administrative burdens.  Generally,  though, once it has agreed to an academic adjustment, the school should abide  by the results of the interactive process.   If a postsecondary school decides that it cannot implement an academic  adjustment, it must work with you to find an effective alternative.  If you believe that the academic adjustments  are not meeting your needs, it is your responsibility to notify the school as  soon as possible.

## **MORE INFORMATION**

The U.S. Department of Education, Office for Civil Rights  (OCR) is responsible for ensuring that postsecondary institutions afford all  individuals an equal educational opportunity with regard to race, national  origin, age, sex, and disability.   Veterans with disabilities are among those protected by these laws.  

For more information from OCR on receiving academic  adjustments in postsecondary school go to  http://www.ed.gov/policy/rights/guid/ocr/disability.html and  http://www.ed.gov/ocr/docs/auxaids.html.  Other information about the prohibition  against disability discrimination in education is available at  http://www.ed.gov/ocr/disabilityresources.html.

OCR has the authority to investigate and resolve complaints  alleging that a postsecondary institution is violating civil rights laws,  including laws prohibiting discrimination on the basis of disability.  For example, if you believe that a postsecondary  school has not established an adequate process for you to request academic  adjustments or to allow you to appeal decisions with which you disagree, you  may file a complaint with OCR.  In  addition, if the school agrees to provide academic adjustments and then fails  to do so, you may file a complaint with OCR.   It is also unlawful for a postsecondary institution to retaliate against  you because you have requested an academic adjustment.  Complaints can be filed with OCR in writing  or online.    For specific information on filing an OCR complaint, please  call 1-800-421-3481, TDD 1-877-521-2172, email at ocr@ed.gov, or visit our  website at http://www.ed.gov/ocr/know.html.

 

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