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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 Il 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.

1

5


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:/Awww.ed.gov/offices/OSERS/RSA/ Resources/State/.


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 | 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 | have to inform a postsecondary school that | 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 fet 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

5 7


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 | 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.


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 | 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 | 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 | 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

5
i)


DOCUMENT RESUME

ED 468 329 EC 309 262

TITLE Students with Disabilities Preparing for Postsecondary
Education: Know Your Rights and Responsibilities.

INSTITUTION Office for Civil Rights (ED), Washington, DC.

PUB DATE 2002-07-00

NOTE 4p.

AVAILABLE FROM ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398. Tel: 877-433-
7827 (Toll Free). For full text: http://www.ed.gov/ocr

PUB TYPE Guides - Non-Classroom (055
EDRS PRICE EDRS Price MFO1/PCO1 Plus Postage.
DESCRIPTORS *Academic Accommodations (Disabilities); Civil Rights; Civil

Rights Legislation; College Bound Students; College
Preparation; Compliance (Legal); *Disabilities; Educational
Legislation; High Schools; Postsecondary Education; School
Responsibility; Student Responsibility; *Student Rights;
Teacher Collaboration

IDENTIFIERS Americans with Disabilities Act 1990; Rehabilitation Act 1973
(Section 504)

ABSTRACT

Intended for postsecondary students with disabilities, this
pamphlet explains the rights and responsibilities of these students as well
as the obligations of a postsecondary school to provide academic adjustments,
including auxiliary aids and services. Information is based on requirements
of Section 504 of the Rehabilitation Act of 1973 and Title II of the
Americans with Disabilities Act of 1990 which prohibit discrimination on the
basis of disability. Introductory material notes that responsibilities of
postsecondary schools are significantly different from those of lower schools
and school districts. Information is presented in question and answer format
and addresses the following topics: illegality of a school’s denial of
admission because of a disability; advantages of informing a school about a
disability; academic adjustments a school is required to make; requirements
for a student wanting an academic adjustment; documentation to support the
presence of a-disability; financial responsibility for evaluation; and
recourse if a school appears to be discriminating on the basis of disability.
Contact information for the Office for Civil Rights in the U.S. Department of
Education is also provided. (DB

Reproductions supplied by EDRS are the best that can be made
from the original document.



What can | do if | 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 Il 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.

12°


Once the school has received the necessary
documentation from me, what should | 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.


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 | want an academic adjustment, what must | 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

8

4


Education:
Know Your Rights and

Responsibilities

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

July 2002


@
U.S. Department of Education E I C
Office of Educational Research and Improvement (OERI)
National Library of Education (NLE) rot esses rma Ce
Educational Resources Information Center (ERIC)

NOTICE

Reproduction Basis

This document is covered by a signed "Reproduction Release (Blanket)"
form (on file within the ERIC system), encompassing all or classes of
documents from its source organization and, therefore, does not require a
"Specific Document" Release form.

xX This document is Federally-funded, or carries its own permission to

reproduce, or is otherwise in the public domain and, therefore, may be
reproduced by ERIC withouta signed Reproduction Release form (either
"Specific Document" or "Blanket").

EFF-089 (1/2003)


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.

To order copies of this publication, write:

ED Pubs -
Education Publications Center
U.S. Department of Education
P.O. Box 1398

Jessup, MD 20794-1398

You may fax your order to: 301-470-1244 or send an e-mail request to:
edpubs@inet.ed.gov.

You may also call toll-free: 1-877-433-7827 (1-877-4-ED-PUBS). If
877 service is not yet available in your area, 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 1-800-437-0833.

To order online, point your Internet browser to:
http://www.ed.gov/pubs/edpubs. html

This publication is also available on the Department's Web site at
http://www.ed.gov/ocr.

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.

w


EC 309262

EC

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nid
E

Students
with Disabilities
Preparing for
Postsecondary
Education:

Know Your Rights
and Responsibilities

. EDUCATIONAL RESOURC! INFORMATION
: . CENTER (ERIC)
: x This document has been reproduced as
received from the person or organization
originating it

(1 Minor changes have been made to
improve reproduction quality.

© Points of view or opinions stated in this
document do not necessarily represent
official OER! position or policy.

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

pcer PNDV AVAL ARIE 2


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 Il of the ADA. You may obtain a copy by contacting
us at the address and phone numbers below, or at
http:/Awww.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

Internet home page:http://www.ed.gov/ocr

13