Postsecondary Education

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Postsecondary Education Training

• Webinar 5
• IDEA vs. ADA
• and 504

PRESENTED BY The Center for Change in Transition
Services
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CCTS Contact Information

• Email ccts_at_seattleu.edu
• Phone [phone]
• http//www.seattleu.edu/ccts

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CCTS Webinar Series

• Welcome to the 2014-2015 Webinar series on
  postsecondary education and training.
• Presented by the Center for Change in Transition
  Services (CCTS), a Special Education State Needs
  Project housed at Seattle University and funded
  through the Office of the Superintendent of
  Public Instruction (OSPI).
• CCTS has been serving special need students,
  their families and schools since 1990.

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Registration

• Everyone participating in the webinar needs to
  type the following in the chat box
• Name
• Email Address
• You will be sent a link following the webinar to
  register for Clock Hours. You must complete the
  registration process to apply for clock hours!

Thank you for joining us today!
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CCTS disclaimer

• The information contained in this presentation
  and webinar provides an overview of special
  education requirements. However, this
  presentation is not intended as legal advice. The
  state regulations that implement IDEA are located
  in Chapter 392-172A WAC. Outside resources are
  not intended to be an endorsement of any service
  or product. District personnel should always
  review their districts procedures and review
  questions with their administrative staff.

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2014-2015 Webinars
March 11th Accommodations Students with disabilities must seek their own accommodations after leaving high school. This webinar will explore what to expect and how this process works at different types of postsecondary institutions.
April 8th Affordable? Exploring financial aid resources and opportunities to finance postsecondary education will be the subject of this webinar.
May 13th Transition Planning The focus of our final webinar will be preparing for a successful transitionby learning how to write postsecondary education goals into the IEP and how to use the Summary of Performance (SOP) document as a passport to education.
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CCTS Introductions
Cinda Johnson Ed.D., Principal Investigator
Sue Ann Bube Ed.D., Director
Julia Schechter M.Ed., Doctoral Research Assistant
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Guest

• Deborah Leuchovius
• Program Director
• PACERs National Parent Center on Transition and
  Employment
• www.pacer.org
• 952-838-9000
• 888-248-0822
• Pacer Center Inc.
• Bloomington, Minnesota

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Closed Captioned (CC)
This webinar is closed-captioned. To view the
captioning click on the CC icon just above the
video.
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Webinar Norms

• Raise your hand and wait to be called on by
  moderator

If you have a microphone, please keep it turned
off until called on.
You may ask questions by typing in the chat box
or by raising your hand (if you have a
microphone).
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Agenda
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Overview

• Legal differences between K-12 higher education

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WA Post-School OutcomesSpecial Education
2011-2012
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Barriers to engagement
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K-12

• In K-12, there is a legal guarantee under IDEA of
  a free and appropriate public education (FAPE).
  A structured framework of services is provided
  that includes

• Significant parental involvement
• Publically funded assessments
• Substantial and fundamental modifications to the
  curriculum

Wolanin Steele, 2004
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Higher education

• Unlike the legal requirement for services in high
  school, there is no mandate for colleges and
  universities to provide special education,
  individualized support services, or free
  education.

• Section 504, ADA of 1990 ADAAA of 2008
  prohibit discrimination based on disability and
  ensure equal access for those who are otherwise
  qualified.
• McGuire, 2010

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When does change occur?

• Upon completing secondary education or reaching
  the age of 22 years, students become responsible
  for self-identifying and seeking services and
  protections under Section 504 and the ADA.
• Heath, 2006

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Section 504 of the Rehabilitation Act of 1973

• As amended
• No qualified individual with a disability in the
  United States shall, solely by reason of her or
  his disability, be excluded from the
  participation in, denied the benefits of, or be
  subjected to discrimination under any program or
  activity receiving federal financial assistance
  or any program or activity conducted by any
  Executive agency or by the United States Postal
  Service.
• From GWU Heath Resource Center

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ADA of 1990

• The Americans with Disabilities
• Act (ADA) of 1990 upholds and
• extends the nondiscrimination
• mandates set forth in Section
• 504 of the Rehabilitation Act
• of 1973 to include both public
• and private colleges and
• universities regardless of their
• receipt of federal financial assistance, but does
  contain exceptions for private clubs and
  religious entities.

From GWU Heath Resource Center
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Shift in law
IDEA Section 504 ADA
Birth to 21 years old Any age Any age
Must qualify Identifiable disability Identifiable disability or regarded as so
Local, state and federal Entities receiving federal funds Public accommodations and private entities
IEP team 504 Coordinator Upon request or see need
Specialized education FAPE accommodations Reasonable accommodations
educational benefit appropriate accommodations effective communication
No comparison- individualized Compares to other disabled students Compares to hearing students
National Association of the Deaf
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504 Parts D E Responsibilities
Area K-12 Postsecondary
Identification School district Student
Evaluation School district Student
Payment for evaluation School district Student
IEP School district Not required
Course selection programming School district Student
Transition planning School district Student
Progress monitoring School district Student
Assuming educational costs School district Student/parent
Ensuring reasonable accommodations School district Institution (upon student eligibility)
Monitoring effectiveness School district Student
Madaus Shaw, 2004
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Fee for service

• Colleges and universities cannot charge students
  for the reasonable accommodations necessary to
  provide equal access under Section 504 or the
  ADA, but they may offer more individualized or
  intensive services, not required by law, for a
  fee.
• McGuire Shaw

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Enforcement

• IDEA 2004

• Section 504 ADA

• Office of Special Education (OSEP)

• Office of Civil Rights, United States Dept. of
  Education

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Impacts of legal differences

• Transition

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Bridging the divide

• IDEA reauthorizations in 1990 1997 were amended
  to require transition services be included in a
  students IEP.
• Transition services are a coordinated set of
  activitiesdesigned within an outcomes oriented
  process, which promote movement to post-school
  activities, including post-secondary education
• IDEA Section 602(30)(A)

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Prepare for transition

• A critical dimension of transition services is to
  prepare students with disabilities and their
  families for the dramatically different rights
  and responsibilities they will have in higher
  education compared to secondary school.
• Wolanin Steele, 2004

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IEPs SOPs

• Do not transfer to postsecondary education, but
  should prepare the student for transition by
  containing current evaluations and assessments of
  student needs (less than 3 years).

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Gaining accommodations

• Documentation of a disability in postsecondary
  education institutions is reliant on
• Washington Student Achievement Council

• Student disclosure of disability
• Professional staff observation of students
  disability
• A third party professional assessment or
  evaluation

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Accommodations

• Postsecondary institutions are not required to
• Lower or substantially modify essential
  requirements (i.e., yes on extended exam time but
  will not change test).
• Provide modifications that would result in undue
  financial or administrative burden.
• Provide personal attendants or services of a
  personal nature.

USDE, Office of Civil Rights
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Self-advocacy

• Gaining accommodations and support falls to the
  students in higher education.
• Parents may support, but student must initiate.
• Many students do not want to disclose their
  disability, only 28 of postsecondary students
  with disabilities identified themselves as having
  a disability and informed their postsecondary
  schools of their disability.

NLTS2, 2011
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Self-Determination
Support Under K-12 FAPE Higher Education under ADA 504
Assessments evaluations Yes No
Equipment and services provided Yes No
Personal care attendants Yes No
Architectural Access Yes Yes
Aids Services for effective communication Yes Yes
Modified policies, practices, procedures Yes Yes
Pacer Washington Student Achievement Council
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DVR

• If a student with a disability is eligible
• for services through the state Dept.
• of Vocational Rehabilitation (DVR) 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 DVR agency at
• http//rsa.ed.gov

(click on Info about RSA, then Resources,
then State and Local Government Employment
Resources, then Vocational Rehabilitation
Offices). OCR- A guide for high school
educators
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Summary of Performance

• Mandated under IDEA 2004, the SOP must include
  recommendations regarding how to assist the
  student in meeting postsecondary goals. The SOP
  allows a student to summarize his or her
• Postsecondary goals
• Nature of disability
• Assessment data
• Connection between assessment data
  accommodations or aids needed in higher ed.
• Historical perspective on impact of disability on
  learning
• 300.305e3 Dukes

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In a nutshell,

• The single most distinguishing quality between
  the two settings relates to the amount of
  structure and the ability to function
  independently McGuire, 2010. Studying, seeking
  the assistance of faculty and staff,
  self-disclosing, advocating for accommodations,
  and decision making are key ingredients in a
  successful college experience. In contrast for
  secondary students, these functions often are
  overseen by well-intentioned parents. Shaw, 2009

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Summary

• Students and families should be apprised of
  differences in law between K-12 and higher ed.
• Transition activities should place emphasis on
  providing students self-advocacy skills.
• Student leadership in IEP to be encouraged.
• Update disability documentation.
• Wolanin Steele, 2004

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Resources and References

• Thank you for participating

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Resources
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Resources

• Obtain copies of the U.S. Department of
  Educations Office of Civil Rights Transition of
  students with disabilities to postsecondary
  education A guide for high school educators
• Write to ED Pubs Education Publications Center,
  U.S. Department of Education,P.O. Box 22207,
  Alexandria, VA 22304.
• Or e-mail your request to edpubs_at_inet.ed.gov.
• 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.
• On request, this publication can be made
  available in alternate formats, such as Braille,
  large print or computer diskette. 

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Resources

• George Washington University HEATH Resource
  Center http//heath.gwu.edu/
• The GWU HEATH Resource Center provides
  information on transition to higher education
  including information about disability support
  services, policies, procedures, accommodations,
  and financial assistance. The Heath Guidance
  and Career Counselor Toolkit (acessible on front
  page of website) provides extensive resources.
• PAVE http//wapave.org  is a Washington parent
  directed organization that works with families,
  individuals with disabilities, professionals and
  community members in all walks of life and with
  all types of disabilities. Since 1979, PAVE has
  provided information, training and support to
  individuals with disabilities, parents and
  professionals.
• ThinkCollege! http//www.thinkcollege.net/index.p
  hp
• This website provides resources for students,
  families, and professionals supporting youth with
  intellectual disabilities exploring postsecondary
  education options.
• United States Department of Education, Office of
  Civil Rights
• http//www2.ed.gov/about/offices/list/ocr/transiti
  on.html
• The USDE Office of Civil Rights has many
  resources and publications to support students,
  families and professionals explore options for
  transitioning to postsecondary education. One
  such publication is Students with Disabilities
  Preparing for Postsecondary Education Know Your
  Rights and Responsibilities.

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References

• Dukes, L.L. (2010) Gathering data to determine
  eligibility for services and accommodations. In
  Shaw, S. F., Madaus, J. W., Dukes, L. L. (Eds.),
  Preparing students with disabilities for college
  success A practical guide to transition
  planning. (pp. 7-35). Baltimore Paul H. Brookes
  Pub. Co.
• Hamblet, E. C., Council for Exceptional
  Children. (2011). 7 steps for success High
  school to college transition strategies for
  students with disabilities. Arlington, VA
  Council For Exceptional Children.
• Holmes, Tawny. (2014) Legal Rights Beyond the
  Educational Setting. Retrieved from www.nad.org
• Leuchovius, D. (2013). ADA QA Section 504
  Postsecondary Education. Retrieved from
  http//www.pacer.org/publications/adaqa/504.asp
• Madaus, J.W. Shaw, S.F. (2004) Section 504 The
  differences in the regulations regarding
  secondary and postsecondary education.
  Intervention in School and Clinic, 4081-87.
• McGuire, J.M. (2010) Considerations for the
  transition to college. In Shaw, S. F., Madaus, J.
  W., Dukes, L. L. (Eds.), Preparing students with
  disabilities for college success A practical
  guide to transition planning. (pp. 7-35).
  Baltimore Paul H. Brookes Pub. Co.

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References contd

• Newman, L., Wagner, M., Knokey, A. M., Marder,
  C., Nagle, K., Shaver, . . . Schwarting, M.
  (2011). The Post-High School Outcomes of Young
  Adults With Disabilities up to 8 Years After High
  School. A Report From the National Longitudinal
  Transition Study-2 (NLTS2) (NCSER 2011-3005).
  Menlo Park, CA SRI International
• Shaw, S. F. (2009). Transition to postsecondary
  education, Focus on Exceptional Children, (42)2,
  1-16.
• Shaw, S. F., Madaus, J. W., Dukes, L. L.
  (2010). Preparing students with disabilities for
  college success A practical guide to transition
  planning. Baltimore Paul H. Brookes Pub. Co.
• U. S. Department of Education, Office for Civil
  Rights. (2004). Students with disabilities
  preparing for postsecondary education Know your
  rights and responsibilities.
• U. S. Department of Education, Office for Civil
  Rights. (2011). Students with disabilities
  preparing for postsecondary education A Guide
  for High School Educators.
• U.S. Government Accountability Office. (2009).
  Higher education and disability Education needs
  a coordinated approach to improve its assistance
  to schools in supporting students (GAO-10-33).
  Washington D.C. Author. Retrieved from
  http//www.gao.gov/products/GAO-10-33
• Wolanin, T. R., Steele, P. E. (2004). Higher
  Education Opportunities for Students with
  Disabilities. Washington D.C The Institute for
  Higher Education Policy.