Transitioning To College As A Disabled Student And Getting Support While You Are There

 By Michelle Ball, California Education Attorney for Students since 1995

Transitioning from high school to college can be exciting and challenging for young adults.  For a student who was previously on an IEP (Individualized Education Program) or Section 504 plan (accommodations plan) in high school, the challenges increase.  However, proper planning and talking to the right folks at the college or university where the student will attend or is attending can help.  

Students should be aware of changes that will occur as far as their obligations and the support levels to which they are entitled.  There is no more IEP plan or process, as all school IEP obligations vanish when the student graduates from high school.  There is no mandatory "504 meeting" to develop accommodations, nor obligation of staff to follow up for the student in college.  This means the student may be on their own, if they don't get a college support plan put in place and take steps to get it known and applied.  

Section 504 obligations continue to apply with colleges accepting federal funds, and the ADA (Americans with Disabilities Act) applies to most colleges, excluding religious colleges.  For public colleges, one looks to ADA Title II, and for private non-religious colleges, ADA Title III.  Housing requirements may be covered by the Fair Housing Act.  Other laws may also apply.  However, no one is obligated to do anything unless they are notified by the student of their disability and needs.

For academic and other accommodations, the first step is to contact the college or university's disabled students office, such as the "Student Disability Office" if a student attends the University of California, Davis (UCD), or the "Services for Students with Disabilities Office" at the California State University, Sacramento (CSUS).

Once a student makes contact, they should follow the procedures outlined by the college to become a registered disabled student.  This may involve provision of various documents evidencing a disabling condition, as well as meetings to discuss the student's needs in the classroom and at the college.  The discussion which ensues is typically called the "Interactive Process" during which the student should indicate what they think could assist them, with the school personnel offering their take on potential effective accommodations to help meet the student's needs.

The college is not obligated to alter the fundamental program in which the student must participate or the requirements for a degree, but they can set up items which can ensure the student proper access to the curriculum equal to other students.

Typically, there is a back and forth which may continue outside the meeting process, with a document eventually developed outlining what professors must do and put in place in their classrooms to assist the student.  The plan can also offer solutions for physical barriers and needs on campus, such as with regard to parking, accessible entrances and other items for the student to access their education and the campus.

Often the "plan" must be taken by the student and provided to professors who will need to implement it, prior to classes starting and/or before the student wants the accommodations to take effect.  This is different from during high

 school, where the obligation was on the school or school district staff to notify teachers and ensure an IEP was being implemented.  Now, the obligation to notify staff may be on the college student, depending on who must be notified (e.g. with some restrictions the student would not have access to applicable personnel and the college may need to step in).  

If there are issues with enforcement, the student can follow any internal process to resolve issues, or they can also file complaints outside the college with the US Department of Education's Office for Civil Rights or the US Department of Justice, Civil Rights Division, depending on the type of college.

If you or a loved one are in college now, and have disabilities, but don't have a formal support plan, it could be a good idea to look into what is available.  Even if a student is having no apparent issues or needs, it is often best to get these plans in place before an issue arises, as after it arises, the student cannot usually attack the college for "noncompliance" if the student either did not set up a a plan or failed to notify their professors about the plan.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - Transitioning To College As A Disabled Student And Getting Support While You Are There

Five Steps To Take To Get Disability Accommodations In College

By Michelle Ball, California Education Attorney for Students since 1995

Once a student transitions from high school to college, their world changes.  If they were a special education student with an IEP (Individualized Education Program) in their high school, they will not be anymore.  They may try to muddle through college without supports, and eventually may fail or drop out if they do not obtain some form of reasonable accommodations for their disabilities in college. But, what steps do students need to take to obtain disability accommodations at their college?

STEP ONE:  The first thing which a student who suffers from a disabling condition must do is NOTIFY the college they have a disability, preferably in writing.  In the college catalog or handbook, there is likely listed a disabled student services or other office to contact, which is in charge of setting up reasonable accommodations for disabled students.  So, step number one is to contact that office to start the process.  If possible, this should be done even before starting classes, to ensure accommodations are in place when the student enters their first class.  However, even if classes have started, the student may still request accommodations for their disabilities.

STEP TWO:  Next, the college student must complete and return the forms which will likely be provided by the college disability office, and provide EVIDENCE (medical documentation) that the student suffers from a disability that impacts a "major life activity."

STEP THREE:  The student then needs to ensure that either they or the office they are working with, provides the information to each of the student's professors.  Professors can sometimes be resistant to student disability plans, so if the student finds the plan is not being implemented or they are being treated differently, they need to go back to the disability office to seek help with enforcement.

STEP FOUR:  Tweaking the plan in place periodically will be important as needs can change depending on the class or setting.  Students with disabilities are not entitled to as much as they may have been in high school, but reasonable accommodations cover a vast array of supports, such as extended time on tests, note takers, testing in a separate location, technological supports, and many other useful items.  Not all students are entitled to the same thing and what will be provided will depend on the individual student's needs.

STEP FIVE:  If the disabled student cannot get reasonable accommodations, for example their professors will not implement them, and/or the college is refusing to provide them what they need, the student can attempt to resolve the matter internally via the college's own discrimination complaint process.  If the student does not want to file internally or their internal complaint is not successful, the student may also want to review potentially filing a discrimination complaint outside the college.  For public colleges, complaints may be filed with the United States of Education, Department of Education, Office for Civil Rights. For private colleges, students would want to review filing with the United States Department of Justice.  Time limits are in place for all filings so the student should submit complaints as soon as possible and should make themselves aware of all filing deadlines.

If you know a student in college who is having difficulties connected to their disabilities, please pass this on to them as lack and/or provision of reasonable accommodations can make the difference between the student completing or failing college.  With no college, their career choices may be more limited and their whole life may be altered for the worse for simple lack of reasonable accommodations in college.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Five Steps To Take To Get Disability Accommodations In College