Slide 1:
Students with Disabilities: There are No IEPs in College
National Network of DBTACs 
April 15, 2008
Howard Kallem
Office for Civil Rights
U.S. Department of Education
 Howard.Kallem@ed.gov
202-786-0526

Slide 2:
Laws Applicable to Schools and Colleges
Individuals with Disabilities Education Act
Section 504 of the Rehabilitation Act of 1973 
Title II of the Americans with Disabilities Act of 1990 

Slide 3:
We will talk about the differences
The legal obligations of colleges versus high schools
Practical advise for ensuring a smooth transition from high school to college

Slide 4:
The Use of the Term “College”
While this presentation uses the term “college,” the same principles apply to all postsecondary institutions, including: 
Four-year, degree-granting institutions
Two year community colleges
Vocational education schools

Slide 5:
General Provisions – 
Section 504 and Title II 
Section 504 applies to recipients of federal financial assistance
Title II applies to public entities, including public elementary and secondary schools and state colleges 
Both laws provide that a qualified individual with a disability may not be:
Excluded from participation
Denied benefits 
Otherwise be subjected to discrimination	 

Slide 6:
General Provisions – 
IDEA, Section 504, and Title II 
IDEA—federal law that funds special education programs in elementary and secondary school.  IDEA attaches specific conditions to the receipt of IDEA funding.  
Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding. 

Slide 7:
Student with a Disability – § 504/Title II
Has a physical or mental impairment which substantially limits one or more major life activities, or
Has a record of such impairment, or 
Is regarded as having such impairment.

Slide 8:
Basic Principles: pre-K to 12
School district must try to identify and locate students with disabilities in its jurisdiction 
District must provide a free, appropriate public education (FAPE) to qualified students with disabilities.
Appropriate education is the provision of regular or special education and related aids and services designed to meet a student’s individual education needs as adequately as the needs of non-disabled persons are met.

Slide 9:
Basic Principles: Pre-K to 12
District must evaluate students who need or are believed to need special education or related services before taking any action to initially place the person in regular or special education and before making any subsequent significant change in placement.

Slide 10:
Basic 504/II Principles: Colleges
College may not discriminate on the basis of disability.
College must make academic adjustments necessary to ensure requirements do not discriminate.
College must ensure students with disabilities are not discriminated against due to absence of auxiliary aids for students with impaired sensory, manual, or speaking skills.

Slide 11:
Basic Section 504 Principles: Colleges
College and student should use an “interactive process” to determine appropriate accommodations that meet the student’s individual needs.
Accommodations must be provided in a timely manner.

Slide 12:
Basic Section 504 Principles: Colleges
If a college student wants an accommodation, the student has the responsibility to notify the college of his or her disability and need for the accommodation.
Colleges do not have an affirmative duty to identify, evaluate, or develop a plan that provides FAPE.

Slide 13:
Qualified Student With a Disability: Colleges
A qualified student with a disability is a student with a disability who meets the academic and technical standards required for admission or participation in the college’s education program.

Slide 14:
Admission 
Colleges may not deny admission, on the basis of disability, to qualified students with disabilities. 
Students with disabilities do not have to disclose their disability before admission or after admission unless they want accommodations.

Slide 15:
Academic Adjustments 
College must make modifications to academic requirements necessary to ensure requirements do not discriminate on the basis of disability against a qualified person with a disability.
Examples of possible modifications are: 
change in length of time to complete a program; substitution of courses; adaptation of manner in which courses are conducted

Slide 16:
What Is Not Required
College is not required to change academic requirements that are essential to
The instruction being pursued by the student; or 
Any directly related licensing requirement.
College is not required to alter the fundamental nature of its program.
OCR gives appropriate deference to the academic discretion of a college.

Slide 17:
Auxiliary Aids 
Colleges must take such steps as are necessary to ensure that no student with a disability is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.

Slide 18:
Examples of Possible Auxiliary Aids
Taped texts
Notetakers
Interpreters
Readers
Adapted classroom equipment for students with manual impairments
Braille or electronic versions of written materials

Slide 19:
What Is Not Required
College is not required to provide accommodations that it can demonstrate would result in a fundamental alteration in the nature of its program; or Undue financial or administrative burdens.

Slide 20:
What Is Not Required 
Colleges are not required to provide devices or services of a personal nature.
Examples: 
Attendants
Individually prescribed devices
Readers for personal use or study
Tutors 

Slide 21:
Accessible Communications & Auxiliary Aids (ADA)
Communications must be “as effective as” communications with non-disabled persons.
Public entity must furnish “appropriate” auxiliary aids and services where necessary for equal opportunity.
Public entity must give “primary consideration” to requests of person with disability but is not required to honor preference if effective alternative is available.

Slide 22:
Testing/Course Examinations 

Test format and administration should measure a student’s achievement, not the student’s impaired sensory, manual, or speaking skills (except where such skills are the factors the test is measuring).
Examples of possible modifications:  
print vs. tape for student with LD
Reader for a student who is blind
Extended time

Slide 23:
Differences Between the Two Settings  
What are the differences between the obligations of school districts versus colleges with respect to students with disabilities?   

Slide 24:
Identification & Notice
School Districts
must undertake to identify students with disabilities
 Colleges
if a student wants an academic adjustment or auxiliary aid and service, the student with a disability must notify the college that he or she has a disability and needs accommodations

Slide 25:
Evaluation & Documentation
   School Districts 
	must conduct evaluation of student who, because of disability, needs or is believed to need special education or related services prior to initial placement and any subsequent significant change in placement
  Colleges 
	students can be required to supply documentation demonstrating current disability and need for academic adjustment or auxiliary aid or service

Slide 26:
FAPE & Academic Adjustments
   School Districts 
	must provide FAPE for qualified student with a disability
   Colleges 
	must make accommodations necessary to ensure requirements do not discriminate and must ensure students with disabilities are not discriminated against due to absence of auxiliary aids

Slide 27:
Fair Hearings & Grievances
School Districts
parents of high school students who disagree with a school’s actions are entitled to due process procedures, including a hearing, or may file an OCR complaint
Colleges 
students who disagree with the services offered by the college may file an internal grievance or an external complaint (with OCR or another appropriate agency) 

Slide 28:
Practical Suggestions for Ensuring a Smooth Transition from High School to College
How can parents, students, schools and colleges best work together to ensure a smooth transition from high school to college? 

Slide 29:
Follow The Procedures
Colleges may have policies & procedures for disabled student services
It is the student’s responsibility to follow the procedures
Communicate and work cooperatively
Put request in writing
Provide a copy of documentation of disability   and need for academic adjustment or auxiliary aid or service

Slide 30:
Documentation: Purpose
Purposes of documentation:
Diagnostic, to establish a disability
Prescriptive, to help college work with student to identify appropriate accommodations
Show relationship between disability and need for accommodations

Slide 31:
Documentation
Assessment (at student’s expense) should clearly identify disability and functional limitations and need for academic adjustment or auxiliary aid or service. 
Documentation should be submitted in time for college to respond to request
College may set reasonable standards for documentation and generally may specify how much documentation is needed

Slide 32:
Timing
Make requests early
Resources may be difficult to obtain (e.g., books on tape, sign language interpreter)

Slide 33:
Appropriateness of Accommodations
College is not required to ensure students have the most sophisticated auxiliary aids available.
College does not necessarily have to provide the requested service, only ensure that an appropriate service is provided.
Aids provided must meet the needs of a student with a disability. 

Slide 34:
Appropriateness of Accommodation
College is not required to produce identical result or level of achievement. 
College must afford equal opportunity to:
obtain the same result, gain the same benefit, or reach the same level of achievement. 

Slide 35:
Range of Services 
Different services for different disabilities
Different services depending upon the nature and extent of disability (functional limitations)
Different services for different academic programs 

Slide 36:
Communication is Essential 
Communication between the college and student with a disability is essential 
At the beginning—to ensure that appropriate accommodations are provided 
Throughout the student’s college career—to alert the college if there are problems and to make appropriate changes 

Slide 37:
Final Thoughts
College students with disabilities must be given an equal opportunity to benefit from the program.
The law ensures opportunity; it doesn’t ensure success.

Slide 38:
Resources
Office for Civil Rights, DC Office, U.S. Dept. of Education – 202 786 0500,  www.ed.gov/ocr
Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities: www.ed.gov/ocr/transition.html
Auxiliary Aids and Services for Students with Disabilities: www.ed.gov/ocr/docs/auxaids.html 

Slide 39:

Resources, continued

Transition of Students With Disabilities
To Postsecondary Education: A Guide for High School Educators: www.ed.gov/transitionguide.html

This presentation is not to be reproduced in any format. This presentation does not represent a complete recitation of the applicable law and OCR policy in this area.