1. and its application to IDEA and ADA Requirements: Students with Disabilities, High School to College May 25, 2016

2. 2 U.S. Department of Education Office for Civil Rights Cleveland Regional Office Chandra Baldwin Staff Attorney Ohio Department of Higher Education Lauren McGarity Director of Special Policy Projects

3. CCP consideration of ADA Title II and IDEA Section 504

4. About College Credit Plus

5. College-ready students Grades 7 – 12 Many college course options Public colleges are free Private colleges may include small cost A State Funded Opportunity to Earn College Credit

6. College-readiness determined by college. Student Must Apply and Get Admitted. Participate by getting admitted into a college. May have to take a placement test and satisfy other college criteria.

7. Student Choice to…. Select course(s) that fit individual pathway. Course must be secular, apply toward a degree or workforce certification and confer college credit.

8. Books and Fees Students attending a public college do not pay for either books or fees. Students attending a private college may have a cost that includes books and fees.

9. A semester college course of 3 or more credits counts as a one-year high school class.

10. District may seek reimbursement if student fails or drops a course too late, unless Student is economically disadvantaged.

11. Weighted Grades College courses must be weighted equally to the greatest weight of Advanced Placement, International Baccalaureate or honors classes, in the same subject area. AP, IB, Honors Class College Course

12. Students Graduate with College Credit Earn up to 30 college credit hours per academic year; includes summer term. Counselors calculate student's specific credit eligibility. No more than 120 college credit hours while in the program.

13. Summer Requirements Summer term is the 1st term of the next school year. A college’s summer term may begin in May. There may be multiple sessions within a summer term.

14. Summer CCP courses may not be used to bring a student into compliance with the Ohio High School Athletic Association (OHSAA) requirements for interscholastic athletic participation. Summer & Interscholastic Athletics

15. When CCP students have disabilities … Considering Accommodations Under a Few Common Scenarios

16. General Provisions – Section 504, Title II and IDEA  Section 504 applies to recipients of Federal financial assistance (public school districts, public AND private colleges)  Title II of the ADA applies to public entities (public school districts and public colleges and universities) 16

17. General Provisions – Section 504, IDEA and Title II IDEA—federal statute that funds special education programs at public school districts. 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. 17

18. Student with a Disability under Section 504 at high school or college 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. 18

19. Student with a Disability under IDEA To be protected under IDEA, a child must: – have a particular disability listed in IDEA and – need special education and related services 19

20. Basic Section 504 Principles: Preschool, Elementary, and Secondary Schools (applies to high schools students with IEPs or 504 plans) School district must undertake to identify and locate qualified disabled students 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 nondisabled persons are met. 20

21. Basic Section 504 Principles: Preschool, Elementary, and Secondary Schools (applies to high schools students with IEPs or 504 plans) 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. 21

22. Public elementary and secondary schools must provide a FAPE to each qualified student with a disability in the school district’s jurisdiction regardless of the nature or severity of the disability Reasonableness is not a consideration when determining FAPE 22

23. What does “free and appropriate” mean? Free means free! – not charging for costs related to disability – may charge usual fees paid by all students Appropriate: – regular or special education and related aids and services designed to meet a student's individual needs as adequately as the needs of non-disabled persons are met 23

24. Basic Section 504 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. 24

25. Basic Section 504 Principles: College College and student should use an “interactive process” to determine appropriate academic adjustments and auxiliary aids and services that meet the student’s individual needs. Academic adjustments and auxiliary aids and services must be provided in a timely manner. 25

26. Basic Section 504 Principles: Colleges If a college student wants an academic adjustment or auxiliary aids and services, the student has the responsibility to notify the college of his or her disability and need for the academic adjustment or auxiliary aids and services. Colleges do not have an affirmative duty to identify, evaluate, or develop a plan that provides FAPE. 26

27. 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. 27

28. What Is Not Required College is not required to provide auxiliary aids or services that it can demonstrate would result in – A fundamental alteration in the nature of its program; or – Undue financial or administrative burdens. 28

29. 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 29

30. When a Student (S.) with disability wants to participate in the CCP program…. 1.Must Student inform IHE of disability when applying for CCP? 2.Can high school (hs) notify college (IHE) of student’s disability? 3.Must the college provide any accommodations during the application/testing process?

31. S. with SLD (e.g. dyslexia) takes course section on college campus or on-line 1.What must student do if s/he wants an accommodation? 2.If IHE agrees to accommodation, what must IHE/instructors do? 3.Can parents be involved? 4.Can secondary be involved?

32. S. with SLD (e.g. dyslexia) takes course section in high school 1.What must student do if s/he wants an accommodation? 2.If IHE agrees to accommodation, what must IHE/instructors (teacher adjuncts) do? 3.Can parents be involved?

33. S. with disability requiring a classroom aid takes college course at hs, faculty instructor 1.What must student do if s/he wants the accommodation? 2.Is hs required to provide aid in college course? 3.Is college required to allow aid in college course? 4.Does the instructor matter? 5.Can parents be involved?

34. S. with disability requiring a classroom aid takes college course on campus 1.What must student do if s/he wants the accommodation? 2.Which entity is required to provide aid on campus? 3.Can parents be charged for the aid?

35. Does responsibility change with CCP “Textbooks” & “Fees” Requirements? 1.If a blind student takes a course on campus or on-line, who pays for the brail or auditory textbook? 2.If a S needs a special calculator for a college course in the hs, who pays for it? 3.Can the purchasing entity retain the accommodation?

36. CCP opportunities for HS/IHE Cooperation Regulations encourage cooperative communication and problem-solving. Alternative Funding Structure Agreement Counselor/ Advisor Designated person

37. For More Information www.ohiohighered.org/ccp