Rising to the Challenge of Transitioning Rising to the Challenge of Transitioning from High School to Higher Educationfrom High School to Higher Education

November 21, 2008November 21, 2008

Debra Spotts Merchant, JDDebra Spotts Merchant, JD

University of CincinnatiUniversity of Cincinnati

Federal LawsFederal Laws

The Individuals with Disabilities The Individuals with Disabilities Education Act (IDEA) of 1990 and the Education Act (IDEA) of 1990 and the amendments of 1997amendments of 1997

Section 504 of the Rehabilitation Act Section 504 of the Rehabilitation Act of 1973 (504) of 1973 (504)

Title II of the Americans with Title II of the Americans with Disabilities Act (ADA) of 1990Disabilities Act (ADA) of 1990

Legal TransitionLegal TransitionK-12 PostsecondaryK-12 Postsecondary

Entitlement Entitlement Civil Rights Civil Rights

Services Services AccommodationAccommodation

Success Success Access Access

Section 504 and the ADASection 504 and the ADA

No otherwise qualified individual with No otherwise qualified individual with a disability shall, solely by reason of a disability shall, solely by reason of his/her disability be excluded from his/her disability be excluded from the participation in, be denied the the participation in, be denied the benefits of, or be subjected to benefits of, or be subjected to discrimination under any program or discrimination under any program or activity of a public entity. activity of a public entity.

How is disability defined under How is disability defined under the ADA?the ADA?

A person who:A person who:

■ ■ Has a physical or mental Has a physical or mental impairment that substantially limits impairment that substantially limits one or more lifeone or more life

activitiesactivities

■ ■ Has a record of such an impairmentHas a record of such an impairment

■ ■ Is regarded as having such Is regarded as having such impairmentimpairment

Determining Eligibility for Services Determining Eligibility for Services in Collegein College

Documentation!Documentation! Documentation!!Documentation!! Documentation!!!Documentation!!!

Documentation is Documentation is required to verify the required to verify the presence of a disability presence of a disability AND the need for AND the need for accommodation. accommodation.

7 Essential Elements of Quality Disability Documentation*

Must be from a qualified professional Must be from a qualified professional Includes a diagnostic statement identifying the Includes a diagnostic statement identifying the

disabilitydisability Contains a description of the diagnostic Contains a description of the diagnostic

methodology usedmethodology used Describes current functional limitations Describes current functional limitations Describes expected progression or stability of the Describes expected progression or stability of the

disability disability Describes current & past accommodations, Describes current & past accommodations,

services and/or medicationsservices and/or medications Includes recommendations for accommodations or Includes recommendations for accommodations or

servicesservices* Adapted from AHEAD website

From here (HS) to there (College)IDEA Transition & Evaluation

requirements Transition planning must begin no later

than age 16 (or younger if appropriate).

Reevaluation must occur at least once every three years UNLESS parent and school agree otherwise.

ASK for a reevaluation.

Differences between HS and Differences between HS and CollegeCollege

Changes in Academic Environment

Changes in Teacher-Student Relationship

Changes in Student Expectations

Student Rights and Responsibilities

Students have the right to equal access to programs, courses, facilities, activities, reasonable/appropriate accommodations

Students have the responsibility to Meet admission, academic and technical

standards Self disclose the disability in a timely manner

in order to receive accommodations Provide documentation

Rights and Responsibilities of Colleges

Colleges have the right to require documentation, identify appropriate accommodations and services, deny requests not supported by documentation

Colleges have the responsibility to provide accommodations in a timely manner, refuse accommodation that –

Pose a direct threat to the health & safety of others Constitute a substantial change to essential course

elements Substantially alter how the programs/services are

provided Poses undue financial hardship or administrative burden

to the institution

Check out ALL of your options!

Technical or vocational programs Two-Year colleges Four-Year colleges/universities Public vs Private colleges/universities Post-secondary institutions with a

specialized focus