Margaret Rose McDonnell Kathleen A. Rinehart

 The IDEA – ◦ Applies from birth to age 21, or until the student receives the regular education diploma ◦ Schools have an obligation to conduct a “child find” to locate, identify and evaluate children suspected of needing special education and related services ◦ A team of qualified individuals, including parent(s) and child, where appropriate, develops an Individualized Education Plan (IEP) for the student

◦ Provides access to the school’s general curriculum ◦ Provides support and services in the least restrictive environment so that students can receive a Free Appropriate Public Education (FAPE) ◦ The IEP is designed to enable students to obtain some educational benefit; to maximize the student’s potential ◦ The IEP must be reviewed annually ◦ The School is responsible to ensure that the IEP is appropriate and implemented ◦ Parental consent is required for evaluations and the development of the first IEP; when student is 18, he/she has standing

◦ US Department of Education monitors States ◦ States monitor local education agencies ◦ A written complaint with a State triggers an investigation ◦ Complaints are managed by the Office for Civil Rights ◦ Parent may request a due process hearing ◦ Appeals are taken to State or federal courts ◦ No monetary damages ◦ Compensatory education as a remedy

 The ADA/Section 504 – ◦ No age limitation ◦ Student is required to provide evaluative information regarding a disability at one’s own expense ◦ Disability: A physical or mental impairment that substantially limits a major life activity ◦ No “child find” obligation, but an institution must provide effective notice of the availability of reasonable accommodations ◦ Institution decides eligibility for reasonable accommodation

◦ Prohibition of unlawful discrimination based upon one’s disability ◦ Student must be otherwise qualified to meet academic and technical standards in a program – with or without reasonable accommodation ◦ The institution is not required to: provide personal services, lower its academic/program standards, or establish accommodations that create an undue burden ◦ Institutions may require a student to ensure that reasonable accommodations provided are implemented and to notify responsible officials when they are not

 Protections Unique to the IDEA – ◦ Specially designed instruction via the IEP ◦ Provision of related services, such as counseling, physical and speech therapy, transportation, supplementary aids in the form of personal care attendants and nursing services ◦ Prohibition against the removal of students from school for disability-related misconduct  School must continue to provide education and related services so the student can make progress  Conduct of a functional behavioral assessment, when necessary  Modification of conduct codes to address the disability-related misconduct

 Protections Unique to the ADA/Section 504 – ◦ No unlawful discrimination ◦ No retaliatory conduct in response to requests for reasonable accommodation or complaints for failure to abide by institutional policies and applicable law ◦ Expected compliance with provisions requiring physical access to institutional facilities

 Understand the legal differences between the IDEA and the ADA/Section 504  Parental vs. student expectations ◦ Parents want to play an ongoing role ◦ Students may resist reaching out for services, or may not appropriately advocate for themselves  Recognition of the need to identify the need for services as early as possible, provide required medical documentation where necessary  Understand the nature of what constitutes a reasonable accommodation

 Understand that, based upon the nature of one’s disability, a student may not be otherwise qualified for entry into certain academic programs and/or activities  Understand that the ADA/Section 504 typically is not operative outside the United States and may have an impact on one’s participation in certain study abroad programs and/or activities

 Understand that the institution has no obligation to provide personal services  Understand that qualification for financial aid in the form of loans or scholarships may be impacted if a student is unable to take a full course load  Understand the role of the institution’s Code of Conduct and that no Behavioral Management Plans will be developed

 Ensure that appropriate documentation is provided to the Director of Disability Services as soon as possible  Identify the courses/activities for which reasonable accommodations will be sought  Make sure that reasonable accommodations are sought on a semester basis  Understand what does or does not have to be shared with instructors/others on campus  Understand one’s rights as well as one’s responsibilities

 Examples of common postsecondary academic accommodations: ◦ Priority registration ◦ Note takers, lab assistants, readers, sign language, interpreters ◦ Exam modifications, such as additional time for exams, private/quiet rooms, readers/scribes, use of computer/calculator ◦ Texts in alternative format ◦ Accessible classrooms

 Examples of common postsecondary nonacademic reasonable accommodations: ◦ Access to campus transportation ◦ Advanced registration for events or co-curricular activities on or off campus ◦ Appropriate safety and security measures ◦ Captioners or interpreters for University-sponsored events ◦ Special housing requests ◦ Appropriate special parking ◦ Utilization of service animals ◦ Accessible classrooms and University-sponsored event sites

 QUESTIONS?