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Disability Support Services |
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Why Do There Seem to be Differences Between Secondary and Post-Secondary Institutions Regarding Services for Students with Disabilities? While the Individuals with Disabilities Education Act (IDEA) requires certain procedures and services at the secondary level, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) require certain procedures and services at the post-secondary level. Following is a brief comparison regarding some of the most frequently asked questions by parents of students coming into the post-secondary setting. What are the requirements in the Law for providing disability services? IDEA provides a free, appropriate, public education in the least restrictive environment. Section 504 requires an institution receiving federal funds to provide persons with disabilities an opportunity to be fully integrated into the mainstream. ADA extends Section 504 to include educational institutions that do not receive federal funds. What does this mean for students? SEMO does not receive additional funding to provide services for students, but is required to provide services for those that are eligible. Students must be eligible for services in order to receive them. Are there definitions in the Law regarding disabilities? IDEA has specific disability categories that cover students with educational disabilities. Not all students with disabilities are eligible. For example, a student with a medical issue may not be considered as having an educational disability; this is often why students with AD/HD are termed Other Health Impaired (OHI). Section 504 defines a person with a disability as having a physical or mental impairment which limits one or more major life activities, has a record of such impairment, and/or is regarding as having such impairment. ADA extends beyond Section 504 to include contagious and non-contagious diseases as well as those with HIV status. What does this mean for students? There must be documentation of the student’s disability that establishes the limitations to major life activities. Just because a student has a diagnosis, does not mean that they are automatically considered to be disabled. This is why those students called OHI in high school need documentation of the AD/HD (not OHI) for SEMO. Who do these laws cover? IDEA covers students who require special education between the ages of 3-21 or until graduation. Section 504 and ADA cover all persons with disabilities in an educational setting. What does this mean for students? There is not an age limit for students with disabilities at a post-secondary institution. What services are provided? IDEA offers educational services that are remedial as well as services to that are mainstream (covers a wide spectrum to help reach success with the student). Section 504 and ADA eliminate barriers that would preclude a student with a disability from full participation in programs/services that are offered to the general public. What does that mean for students? Accommodations will be put in to place to assure access, and services available for non-disabled students must also be available for disabled students. For example, the shuttle service that is available during the fall and spring is not available during the summer for non-disabled students therefore it is not available for disabled students as well. Another example, tutoring is an option for all students and therefore is not considered an accommodation. The post-secondary institution is required to provide access to students with disabilities, but is not required to provide success. What about evaluations and documentation? IDEA requires school districts to identify and evaluate students at no expense to the parents and only with parent’s permission. Section 504 and ADA at the post-secondary level require students to self-identify as having a disability, students must provide adequate documentation, evaluation and documentation of the disability is the student’s responsibility and expense, and students must advocate for themselves and for their accommodation plan. What does that mean for students? Post-secondary institutions are not required to pay for evaluations or documentation nor are they required to identify students that might have or already have a disability. If a student with a disability does not request services and provide sufficient documentation, no services will be provided. Is an IEP the equivalent to an accommodation plan? IDEA requires that the IEP be developed with parents, teachers, and other specialists involved, and that the student does not have to be a part of the process The IEP may or may not include testing information, evaluative information, placement, goals or objectives. Section 504 and ADA require that the accommodation plan be developed between the student and the disability services coordinator on campus. What does this mean for students? While students may not have been a part of the IEP process in the secondary setting, they must be a process at the post-secondary setting. Students must know what their disability is and how it impairs them, so that they can advocate with faculty and staff. Parents cannot put services into place for their student or on their student’s behalf. And, most often, without the student’s permission, the disability services coordinator can not speak to the parent(s) about the student. Accommodations equate to access in the classroom, and are determined on a case by case basis based on how the student’s disability limits their major life activity. What about classroom placement? IDEA requires that placement be in the least restrictive environment which may be special classrooms, resource rooms, or regular classrooms. Section 504 requires placement in a regular classroom with support services to eliminate barriers. ADA requires all courses to be mainstreamed with accommodations provided to students who qualify. What does that mean for students? At Southeast, students with disabilities will be in the same classroom as non-disabled students. The classrooms must be accessible and students with disabilities must be able to participate in the class with accommodations as needed. Students with disabilities will not receive special instruction or separate instruction from other students. The disability service provider at Southeast Missouri State University will:
1)
not
provide written information to the student’s parent without written consent from
the student
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| Updated
09.14.07 | Disclaimer |