ADA/504 at college level

Parents Forum
1

<p>This info was sent to my e-mail directly by the person I spoke with today at the Office of Civil Rights, Federal Dept. of Education. I did not call to complain, but to find out what is reasonable to expect, in terms of college accommodations for “disabilities.” The answer was disappointing, and the difference between public high school duties and those of colleges, is substantial. I have, so far, read the one about “10 cases.”</p>

<p>OCR documents on 504 and post-secondary education:</p>

<p>[OCR</a> Reading Room](<a href=“OCR Reading Room”>OCR Reading Room)</p>

<p>[OCR</a> Reading Room](<a href=“http://www.ed.gov/about/offices/list/ocr/publications.html]OCR”>OCR Reading Room)</p>

<p>[Auxiliary</a> Aids and Services for Postsecondary Students with Disabilities](<a href=“http://www.ed.gov/about/offices/list/ocr/docs/auxaids.html]Auxiliary”>Auxiliary Aids and Services for Postsecondary Students with Disabilities)</p>

<p>[Students</a> with Disabilities Preparing for Postsecondary Education](<a href=“http://www.ed.gov/about/offices/list/ocr/transition.html]Students”>Students with Disabilities Preparing for Postsecondary Education)</p>

<p>[Dear</a> Parent letter from Assistant Secretary for Civil Rights Stephanie Monroe](<a href=“http://www.ed.gov/about/offices/list/ocr/letters/parent-20070316.html]Dear”>Dear Parent letter from Assistant Secretary for Civil Rights Stephanie Monroe)</p>

<p>[Transition</a> of Students With Disabilities To Postsecondary Education: A Guide for High School Educators](<a href=“http://www.ed.gov/about/offices/list/ocr/transitionguide.html]Transition”>Transition of Students With Disabilities To Postsecondary Education: A Guide for High School Educators)</p>

<p><a href=“http://www.ed.gov/about/offices/list/ocr/docs/disabharassltr.htm[/url]”>http://www.ed.gov/about/offices/list/ocr/docs/disabharassltr.htm&lt;/a&gt;&lt;/p&gt;

<p>US Department of Justice ADA website (DOJ has jurisdiction over private colleges under Title III of the ADA; OCR has jurisdiction over state schools under Title II)</p>

<p>[ADA</a> Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act](<a href=“http://www.ada.gov/]ADA”>http://www.ada.gov/)</p>

<p>Voc Rehab</p>

<p>[RSA:</a> Frequently Asked Questions About RSA](<a href=“http://www.ed.gov/about/offices/list/osers/rsa/faq.html]RSA:”>http://www.ed.gov/about/offices/list/osers/rsa/faq.html)</p>

<p>Court cases addressing alterations in essential elements of a college’s academic program: </p>

<p>Southeastern Community College v Davis (US Supreme Court)</p>

<p>Wynne v Tufts University School of Medicine</p>

<p>Guckenberger v. Boston University (also on reevaluation requirements)</p>

<p>[SOUTHEASTERN</a> COMMUNITY COLLEGE v. DAVIS, 442 U.S. 397 (1979)](<a href=“http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=442&invol=397&friend=nytimes]SOUTHEASTERN”>http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=442&invol=397&friend=nytimes)</p>

<p><a href=“http://www.onthejobsolutions.com/Wynne%20v%20Tufts%20University%20School%20of%20Medicine.htm[/url]”>http://www.onthejobsolutions.com/Wynne%20v%20Tufts%20University%20School%20of%20Medicine.htm&lt;/a&gt;&lt;/p&gt;

<p>[Disability</a> Support Services](<a href=“http://gwired.gwu.edu/dss/LegalIssues/TenCasesThatHaveShapedDisabilityServicesinHigherEducation]Disability”>http://gwired.gwu.edu/dss/LegalIssues/TenCasesThatHaveShapedDisabilityServicesinHigherEducation)</p>

<p>[Emory</a> University Faculty Resources for Disabilities - ADA Law](<a href=“http://www.portals.emory.edu/act/cases.html]Emory”>http://www.portals.emory.edu/act/cases.html)</p>

<p><a href=“http://www.nacua.org/documents/Guckenberger_v_BostonU.txt[/url]”>http://www.nacua.org/documents/Guckenberger_v_BostonU.txt&lt;/a&gt;&lt;/p&gt;

<p><a href=“http://disability.law.uiowa.edu/lhpdc/publications/documents/blanckdocs/2JGenRace&Justice33-58.pdf[/url]”>http://disability.law.uiowa.edu/lhpdc/publications/documents/blanckdocs/2JGenRace&Justice33-58.pdf&lt;/a&gt;&lt;/p&gt;

<p>Also, FYI, this is the professional disability service providers organization which has a useful search engine </p>

<p>[Welcome</a> to AHEAD! | AHEAD: Association on Higher Education And Disability](<a href=“http://www.ahead.org%5DWelcome”>http://www.ahead.org)</p>

<p>Mass Rehab Commission ADHD/LD Task force [Learning</a> Disabilities and Attention Deficit Hyperactivity Disorder (LD/ADHD) Task Force](<a href=“http://www.mass.gov/?pageID=eohhs2terminal&&L=5&L0=Home&L1=Consumer&L2=Disability+Services&L3=Services+by+Type+of+Disability&L4=Learning+Disability&sid=Eeohhs2&b=terminalcontent&f=mrc_c_ld_adhd_taskforce&csid=Eeohhs2]Learning”>http://www.mass.gov/?pageID=eohhs2terminal&&L=5&L0=Home&L1=Consumer&L2=Disability+Services&L3=Services+by+Type+of+Disability&L4=Learning+Disability&sid=Eeohhs2&b=terminalcontent&f=mrc_c_ld_adhd_taskforce&csid=Eeohhs2)</p>

<p>[The</a> Mentally Ill and Access to Higher Education: A Review of Trends, Implications,and Future Possibilities for The Americans With Disabilities Act and The Rehabilitation Act](<a href=“http://www.psychosocial.com/IJPR_7/Liebert.html]The”>http://www.psychosocial.com/IJPR_7/Liebert.html)</p>

<p><a href=“http://www.adaptiveenvironments.org/neada/newsletterdocs/AccessNE_Spring_2008.doc[/url]”>www.adaptiveenvironments.org/neada/newsletterdocs/AccessNE_Spring_2008.doc</a></p>

<p><a href=“http://www.cfnc.org/static/pdf/home/sc/pdf/transitions.pdf[/url]”>www.cfnc.org/static/pdf/home/sc/pdf/transitions.pdf</a></p>

<p>[Education</a> Discrimination Materials - Advocacy & Legal Resources - American Diabetes Association](<a href=“http://www.diabetes.org/advocacy-and-legalresources/discrimination/school/ada_schoolmaterials.jsp]Education”>http://www.diabetes.org/advocacy-and-legalresources/discrimination/school/ada_schoolmaterials.jsp)</p>

<p><a href=“http://www.naspa.org/kc/dckc/NASPA%20Region%20Housing_Presentation%20Nov%2008.pdf[/url]”>www.naspa.org/kc/dckc/NASPA%20Region%20Housing_Presentation%20Nov%2008.pdf</a></p>

<p>[The</a> Family Village - Transition & The Internet](<a href=“http://www.familyvillage.wisc.edu/sp/trans.html]The”>http://www.familyvillage.wisc.edu/sp/trans.html)</p>

<p>www1.cenmi.org/tspmi/downloads/Resources.pdf</p>

<p><a href=“http://www.fcsn.org/pti/topics/transition/websites.doc[/url]”>www.fcsn.org/pti/topics/transition/websites.doc</a></p>

<p><a href=“http://www.pacer.org/pride/504.htm[/url]”>http://www.pacer.org/pride/504.htm&lt;/a&gt;&lt;/p&gt;

<p>[ADA</a> Q & A: Section 504 & Postsecondary Education](<a href=“http://www.pacer.org/publications/adaqa/504.asp]ADA”>http://www.pacer.org/publications/adaqa/504.asp)</p>

<p>[A</a> D A Audio Conference Series](<a href=“Error Page — Great Lakes ADA Center”>Error Page — Great Lakes ADA Center) </p>

<p>Four fact sheets from the US Department of Labor</p>

<p>The Why, When, What, and How of Disclosure in an Academic Setting, After High School</p>

<p><a href=“http://www.dol.gov/odep/pubs/fact/wwwh.htm>”>http://www.dol.gov/odep/pubs/fact/wwwh.htm&gt;&lt;/a&gt;&lt;/p&gt;

<p>Youth, Disclosure, and the Workplace: Why, When, What, and How </p>

<p>[ODEP</a> - Youth, Disclosure, and the Workplace](<a href=“http://www.dol.gov/odep/pubs/fact/ydw.htm]ODEP”>Youth, Disclosure, and the Workplace Why, When, What, and How | U.S. Department of Labor)</p>

<p>Advising Youth with Disabilities on Disclosure: Tips for Service Providers</p>

<p>[ODEP</a> - Advising Youth with Disabilities on Disclosure](<a href=“http://www.dol.gov/odep/pubs/fact/advising.htm]ODEP”>http://www.dol.gov/odep/pubs/fact/advising.htm)</p>

<p>Entering the World of Work: What Youth with Mental Health Needs Should Know about Accommodations </p>

<p>[ODEP</a> - Accommodations](<a href=“http://www.dol.gov/odep/pubs/fact/transitioning.htm]ODEP”>What Youth with Mental Health Needs Should Know | U.S. Department of Labor)</p>

<p>A complaint may be filed online at the OCR website </p>

<p><a href=“http://www.ed.gov/about/offices/list/ocr/docs/howto.html[/url]”>http://www.ed.gov/about/offices/list/ocr/docs/howto.html&lt;/a&gt;
or with the WORD forms attached.</p>

2

<p>It has been my experience, with a kid who is both technically gifted and LD that the rules through grade 12 are regarding not working to one’s potential. Once the kid is out of HS the school can simply go by the ADA, and the requirement for accommodation is working to 2 std dev below average.</p>

<p>If you think about it and run the numbers, a kid who is working with an IQ of 120-130-140-150 but experiences an LD and needs extra time, is probably still going to compensate well enough to have testing at the 100-120 level.</p>

<p>Test at the 80 level, you would essentially need to be physically handicapped.</p>

<p>Some private schools adjust differently based on their policies, I hear.</p>

<p>The problem with this method is that graduate schools still use an SAT type test (GRE<em>LSAT</em>MCAT_etc) which is going to not allow extra time when the same kid had extra time in HS on the SAT.</p>

<p>The same timed finals & mid terms at the university, too bad. The result will be the extremely bright (gifted) kid will have more A- & B+ & even B grades than reflect their understanding.</p>

<p>This is just the way it is. My advice to LD kids is to check each school’s policy before you get there. We misunderstood the rules and assumed, too, that a liberal bastion like Berkeley would be all about helping every one get their fair shot.</p>

3

<p>My son is at a California community college. He gets extended time for his tests, just as he would if he were at a high school. The college that he will go to next year and the other private colleges he investigated all will/would allow extended time for tests and other accommodations.</p>

4

<p>DD is at Rice and they are very accommodating. They did not use a broad IQ requirement. She was tested in very detailed areas and the ones where she has problems are way more than 2 Std Dev’s below the rest of her profile. She gets the extra time and special test taking environment she needs without much problem. Some profs/grad student TAs have a little more trouble understanding it, but the disabilities office is really great working with everyone. </p>

<p>We never thought to ask about this before she went there, it was not found and tested until she had been there a semester. If you already know it is a problem, it is definitely something to discuss with the school. Maybe get in touch with the disabilities office. They often require re-testing so results are recent, though, so I think you might need to be ready for that.</p>

5

<p>I posted this as a follow-up to my chronic illness thread.</p>

<p>My daughter does not care about grades, she just wanted to stay in school. Because of a flare, she is going to have to leave, and lose all the work she has done already.</p>

<p>She had accommodations in high school that enabled her to excel. However, those same accommodations are not required at the college level, although a school can certainly choose to provide them.</p>

<p>We knew there was a difference between high school and college accommodations, and had read up on this, and had provided thorough documentation of her needs by several MD’s, but when it came right down to it, there is not much that can be done beyond changing the broad legal and policy issues for the future.</p>

<p>The rationale used to be that high school was compulsory and college not, but things have changed- on paper, college is not compulsory, but for many, in order to support themselves and their families, it is certainly required.</p>

<p>Anyway, our daughter got lower grades than usual, due to her health condition, which includes some neurological stuff, and also a lot of missed classes. She did not even look at her grades. She could care less. What she does care about it the learning she is missing, that could have been provided through certain fairly easy accommodations- that are not required by law at this level.</p>

<p>So much for equal access! They will move classes to a different building for someone in a wheelchair, but someone with health problems is on their own. It is a last frontier, and needs to be addressed.</p>

6

<p>The MCAT does allow for accomodations.</p>

7

<p>Accomodations are available for the GRE.
“ETS® is committed to serving test takers with disabilities by providing services and reasonable accommodations that are appropriate given the purpose of the test. Nonstandard testing accommodations are available for test takers who meet ETS requirements. See Resources for Test Takers with Disabilities for additional information.”
[Test</a> Takers with Disabilities](<a href=“http://www.ets.org/portal/site/ets/menuitem.1488512ecfd5b8849a77b13bc3921509/?vgnextoid=e7edb17a180f7110VgnVCM10000022f95190RCRD&vgnextchannel=3a6946f1674f4010VgnVCM10000022f95190RCRD]Test”>http://www.ets.org/portal/site/ets/menuitem.1488512ecfd5b8849a77b13bc3921509/?vgnextoid=e7edb17a180f7110VgnVCM10000022f95190RCRD&vgnextchannel=3a6946f1674f4010VgnVCM10000022f95190RCRD)
I don’t know how easy it is to get these. I assume it is a similar process to getting an accomodation on the SAT.</p>

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<p>

</p>

<p>The GRE does as well but does anyone know for sure about the LSAT?</p>

<p>Thanks</p>

9

<p>The LSAT offers some accomodations, but I’m not familiar with the details. Follow this link:
[Accommodated</a> Testing](<a href=“http://www.lsat.org/LSAT/accommodated-testing.asp]Accommodated”>http://www.lsat.org/LSAT/accommodated-testing.asp)</p>

10

<p>yes, there are accomodations for the LSAT</p>

<p>

</p>

11

<p>In a nutshell, here is my DDs profile:
When she got testing in school the results were:
IQ 150
Processing 120
extra time in HS on AP/SAT/timed exams
4.0 UW, top ranked, APs w/good scores, SAT in the same range as her two sisters with no LD and no extra time, so I really felt like the extra time showed her real self but did not give an unfair advantage.
Even with extra time she did not finish.</p>

<p>Fast forward to college- per Berkeley and per MCAT she would need to process at effectively an 80 IQ on that same standardized test in order to qualify for extra time.</p>

<p>Her original tester in middle school went on to be the school psychologist for a large CA HS and then on to be the SELPA director for a CA county. So, she is pretty up on all this stuff.</p>

<p>She read the BErkeley and MCAT rules, she agrees under those rules my DD does not qualify for extra time. She also says it is ridiculous but would require a lawsuit.</p>

<p>How does this affect my DD in real life? She cannot always finish timed exams and therefore has some A- & B+ grades where she might have earned an A.
Her MCAT is extremely average.</p>

<p>She ought to be able to get in somewhere, but she won’t go top tier.</p>

<p>If HS had had the same rules she would not be at Berkeley, where she is very successful.</p>

<p>So, she will experience some disadvantage, but she ought to still reach her goal of med school, where she will once again struggle to read everything in the time allowed.</p>

<p>Like I said, in looking back I can see that some of the privates or smaller schools may have allowed her extra time which would have given her a much higher GPA (she is above 3.5 but not as far above it as she should be)</p>

<p>No sour grapes, no whinging allowed, she just has to learn to adapt to the world. My only frustration is that a single artificial constraint like the MCAT can make such a difference, but the rules will not allow DD to show her true potential.</p>

<p>That’s okay, any graduate from any med school is still Dr. and that’s what she wants to be :D</p>

<p>I would check any potential graduate test rules as they may be different than SAT :(</p>

12

<p>

</p>

<p>Thanks for the links. LSAC reports the accomodation. The College Board does not.</p>

<p>Seems strange.</p>

13

<p>Somemom, fwiw, a lot of secondary schools would not label a kid disabed if they were above average on everything (150 & 120) just that verbal was much higher than processing.</p>

14

<p>I think most kids who earn A- and B plus on exams would earn higher grades if they were alotted more time on timed tests. For every student that has a true need for more time on exams, there are others that have learned to work the system for an edge.</p>

15

<p>2college-- I think there was more to it, it has been many years since i read the details ( she is about to graduate from uni), those were the basic numbers that I recall, but it was a big thick report of 4 hours of testing, so I am sure I am oversimplifying and the one thing I know for sure, having 2 non LD kids, this kid is the slowest reader I can imagine.</p>