High School Versus Post Secondary
High School versus College
Educational Rights for Students with Disabilities
Northeastern State University works to ensure a climate of understanding, access and awareness of the special needs, rights, and interests of students with disabilities. All efforts are directed toward the full integration of each student into all aspects of university life. Under university policy, federal and state laws, "qualified students with disabilities" are entitled to reasonable accommodation that will allow them access to programs, jobs, services and activities unless the accommodation would pose an undue hardship on the institution.
How to Qualify for Accommodation
It is the student's responsibility to request assistance under the ADA Amendments Act of 2008 (ADAAA) through Student Disability Services/Educational Access prior to enrollment or at the start of a new semester. Students must meet the federal requirements under the ADA Amendments Act of 2008 (ADAAA) which became effective on January 1, 2009 to have a qualified disability which now includes, but is not limited to:
"caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working and major bodily functions. Major Bodily Functions includes, but is not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive."
Students must also be able to provide valid documentation from an appropriate expert, professional or agency that (1) states the disability(ies) and methods used to arrive at diagnosis, (2) describes the diagnostic criteria and/or instruments used, (3) and is reasonably current and describes the current functional limitations, particularly in the case of a learning disability, ADD or ADHD.
Student/Parent Expectations (Misconceptions)
about ADA in Higher Education
It is important to note that the K-12 public school setting and higher education differ significantly in how students are accommodated. Many parents and students are unaware of these differences. The reason for this is because K-12 students are protected by the Individual with Disabilities in Education Act (IDEA) while students in higher education are covered by the Americans with Disabilities Act (ADA) or Section 504. The chart below delineates some major differences.
K-12 IDEA
Perspective is that Education is a Right and that schools should ensure academic success (Free and Appropriate Education or FAPE).
Higher Education ADA/504
Perspective is that ACCESS to education is provided but that education as a whole is not a right.
Schools have a responsibility to:
- Identity students with disabilities
- Develop a plan (IEP) to promote success and demonstrate growth
- Provide services that are delineated in the plan.
Students must apply to the university, meet requirements, and then they can attend.
Students must disclose their disability to the school through the appropriate documentation and request accommodations.
Core material and modification is required so that students are able to demonstrate growth.
Accommodations/modifications are provided while maintaining the fundamental nature of the curriculum.
All members of the school are expected to have knowledge of the students' disability and to interact with and provide services according to the plan.
The student has the responsibility for disclosing their disability. Student Disability Service/Educational Access does not provide information regarding student's disabilities to other members of campus.
EXAMPLES
EXAMPLES
Assignments may be modified (shorter or fewer) than for students without disabilities.
Assignments are the same for all students.
Assessment may be different than for students without disabilities
Assessment is the same for all students.
Support services such as tutoring and academic coaching are provided
Student Disability Services can provide information on tutoring resources.
The above information does contain exceptions. For example, if a student with a hearing disability is in a course with an essay prompt to discuss their favorite song, the assignment likely requires modification. Additionally, if a student who cannot speak uses assistive technology (text to voice) for a presentation, the student would not be evaluated on "voice rate, expressiveness/pitch, intensity,volume." This requires faculty to be intuitive, engaged, and thoughtful during the ADA implementation process. While the responsibility of seeking an accommodation always remains with the student, faculty should contemplate how/if a specific academic task may represent an obstacle to the student otherwise demonstrating their mastery of the material. Student Disability Services welcomes these types of conversations and is helpful in generating potential solutions/alternatives.