Transitioning Students with Learning Disabilities into the Post-Secondary Education

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Transitioning Students with Learning Disabilities
into the Post-Secondary Education

• Catherine Zarate, J.D., M.Ed., Legal Specialist
• Southwest ADA Center

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Contact Information

• Catherine.Zarate_at_bcm.edu
• Direct Line 713-797-7119
• Toll Free Line
• 1-800-949-4232

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A Little About Us!

• The Southwest ADA Center is a part of the
  national network of 10 ADA Resource Centers
  funded by the National Institute on Disability
  Rehabilitation Research (NIDRR) under grant
  number H133A110027 and is a project of ILRU, a
  Program of TIRR/Memorial Hermann in Houston, TX
• Our region is called Region VI and includes
  Texas, Arkansas, Oklahoma, New Mexico, and
  Louisiana

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• Our charge is to promote the voluntary compliance
  with the Americans with Disabilities Act and
  provide information, training, technical
  assistance and resources to all audiences.
• http//www.SouthwestADA.org/
• 1-800-949-4232 (v/tty)

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Objectives

• To understand the obligations under the law when
  working with students with disabilities
• Gain tools and strategies through the
  presentation of scenarios to ensure students
  entering post-secondary programs are successful
  in their pursuit of an education

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Individuals with Disabilities Education Act
(IDEA)vs. Section 504 of the Rehabilitation Act
of 1973 and the Americans with Disabilities Act
(ADA)

• IDEA is not an antidiscrimination act
• Section 504 and the ADA are antidiscrimination
  acts

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Which law applies to postsecondary education?

• Section 504
• Governs all postsecondary institutions that
  receive federal financial assistance
• ADA
• Title II applies to all state-funded or
  supported institutions
• Title III applies to all private institutions,
  excluding educational institutions that are
  controlled by religious entities

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Definition of a Disability under the ADA

• Plaintiffs must prove-
• A physical or mental impairment that
• Impacts a major life activity, and
• That the impairment substantially limits that
  major life activity.
• This definition is different than under IDEA.

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What does the law actually say

• 34 C.F.R. 104.4 (a) Discrimination prohibited
• No qualified handicapped person shall, on the
  basis of handicap, be excluded from participation
  in, be denied the benefits of, or otherwise be
  subjected to discrimination under any program or
  activity which receives Federal financial
  assistance.

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What does the law actually say

• 34 C.F.R. 104.4 (b)(2)
• For purposes of this part, aids, benefits, and
  services, to be equally effective, are not
  required to produce the identical result or level
  of achievement for handicapped and nonhandicapped
  persons, but must afford handicapped persons
  equal opportunity to obtain the same result, to
  gain the same benefit, or to reach the same level
  of achievement, in the most integrated setting
  appropriate to the person's needs.

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6 Different Areas of the Law

• Admissions and Recruitment
• Treatment of Students
• Academic Adjustments, including the provision of
  auxiliary aids
• Housing
• Financial Aid and Employment Assistance
• Nonacademic services

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CollegeAdmission

• Institutions cannot discriminate against
  QUALIFIED individuals with disabilities in the
  admission process
• Schools cannot make preadmission inquiries as to
  whether an applicant for admission is disabled
• Self-identification is not barred under the law

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Admissions Example-

• Sue applied for admission to her local community
  college. She submitted her standardized test
  scores, transcripts, and teacher recommendations
  to the school. She also disclosed in her
  application that she had a learning disability.
  Her grades are in the top percent of the
  applicant pool.
• Can the school deny her admission because she has
  a disability?

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Documentation

• Students wishing to receive accommodations or
  adjustments must identify the disability.
• Documentation must be fairly recent, come from an
  appropriate expert, and be sufficiently
  comprehensive

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Documentation Example

• Mike was admitted to Smile College. He went to
  the Disability Services office to request an
  accommodation. However, he did not submit any
  paperwork to the College documenting his
  disability.
• Does the school have to provide an accommodation?

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Treatment of Students

• Reasonable Accommodations- schools must make the
  accommodation unless it would constitute an undue
  burden or hardship to provide it or if it would
  require a fundamental alteration to the program.
• There are three typical types of accommodations
• Academic adjustments
• Modification or alteration of course examinations
• Provision of auxiliary aids

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Academic Adjustments

• Schools do not have to lower their standards nor
  waive a required math or language requirement
• Examples
• Changes in length of time permitted for the
  completion of the course or the degree
  requirements
• Substitution of specific courses required for the
  completion of the program or degree
• Adaptation of the manner in which specific
  courses are conducted or course materials are
  distributed

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Modifying Course Exams

• Evaluation should represent the students
  achievement in the course rather than reflecting
  the students impaired sensory, manual, or
  speaking skills.
• However, if those skills are the factors the test
  is measuring, then no modification needs to be
  made

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Auxiliary Aids

• Taped texts
• Interpreters or other effective methods of making
  orally delivered materials available to students
  with hearing impairments
• Readers for visually impaired students
• Brailled or large print texts
• Classroom equipment adapted for use by students
  with manual impairments

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Interpreters

• Schools DO have to provide interpreter services
• But students must comply with school policies on
  attendance

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Accommodations Example

• A school offers several chemistry classes for its
  students. The school has decided to move one of
  the classes to the first floor to make it
  accessible to students who use wheelchairs. It
  also has decided to concentrate students with
  learning disabilities in that class as well.
• Any problems with this?

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Nonacademic Services

• Examples include housing, health insurance,
  counseling, financial aid, athletics, recreation,
  transportation, and other extracurricular
  activities

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Nonacademic Example

• Maria is a student with a learning disability.
  She makes an appointment to meet with her career
  counselor at the school. During the meeting,
  Maria reveals that she has hopes of attending law
  school. The career counselor recommends that
  Maria pursue a career as a paralegal because law
  school is too difficult.
• What is wrong with this suggestion?

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Nonacademic example

• Linda wants to run for Vice President of the
  Student Government. The college tells Linda that
  she does not meet the requirements for the
  position because she receives services through
  the schools Disability Services office.
• What is wrong with this situation?

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What can the schools do?

• Promote self-advocacy among the students
• It is now the students responsibility to request
  assistance (not the school)
• Ensure that the school is working with each
  student to develop a plan that best meets the
  students needs.

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Empowering the Students

• Questions students can ask themselves (or parents
  can ask of their children)
• Does the child truly understand how his brain
  works and how he learns?
• Can he articulate his abilities and disabilities
  in a way people can understand?
• Can he provide examples of how his learning
  disabilities affect his academic performance?
• Does he understand his legal rights with regard
  to access and accommodations?
• Does he understand what resources are available
  to him and how to access those services?

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Questions???