Academic & Career Success

There are several very important differences between Federal Disability Law that covers high school and that which the University is subject to.

In the Law

Elementary and secondary education (through high school) is governed by the Individuals with Disabilities Education Act (IDEA), which guarantees students a free and appropriate public education. After they graduate from high school, students and their parents need to be aware that IDEA no longer applies.

In all postsecondary education, including Gallaudet University, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 require access to programs and services, and auxiliary aids and services to ensure effective communication, but do not mandate a free and appropriate education.

In the Documentation

Approval for support services will be based, at least in part, on the documentation that the student provides. It is both important and necessary that the student discusses with OSWD necessary support services and why they are needed. Decisions about qualification for support services are made by OSWD who decide on appropriate accommodations.

Individualized Education Plans (IEPs), familiar from prior years, are no longer in force and may only be used as a general guideline for services. Documentation under Section 504 plans must state a specific disability to be considered as guidelines for support services as well. Documentation may include diagnostic test results, clinical assessments, IEP, Comprehensive Individualized Assessments (CIA), medical documentation, speech and language evaluations, and vocational rehabilitation documentation.

In the Services Provided

Students should not expect that the services and curriculum modifications provided in high school will be automatically provided at the university level. The university has the right to approve or deny services requested by the student which are not reasonable or which constitute an undue burden.

In addition, it is important to know that colleges and universities are not required to modify or waive courses or program requirements, although course substitutions may be considered as an academic adjustment where appropriate. An “otherwise qualified” student should have completed the necessary prerequisite college preparation courses in high school and should be ready to continue with reasonable support.

In the Advocacy

In high school, school personnel are required to seek out students with disabilities and help them to receive a free and appropriate education. During high school, the student’s parent or guardian is legally responsible for making decisions about the student’s education.

In contrast, universities are not required or expected to seek out students with disabilities. It is the student who is responsible for making all disclosures and contacts, not the student’s parents or guardian. It is the student who is in charge of all educational decisions.

The Decision to Disclose

The student may choose to disclose a disability on a university application, but the student is not required to disclose a disability. Disclosure may help explain deficits in an application that may be a direct result of a disability. In the past, students have found that disclosing a disability has generally helped obtain acceptance for an application. Regardless, the student must consider disclosing a disability and registering with OSWD once on campus if the student will be seeking accommodations.

This section is adapted from the pamphlet, “Preparing for College: Options for Students with Learning Disabilities”, Association on Higher Education and Disability, Columbus, Ohio; 2010.

It depends. In general, tests may not be selected or administered in a way that tests the disability rather than the achievement or aptitude of the individual. In addition, federal law requires changes to the testing conditions that are necessary to allow a student with a disability to participate as long as the changes do not fundamentally alter the examination or create undue financial or administrative burdens. Examples of changes in testing conditions that may be available include:

• Braille;
• Large print;
• Fewer items on each page;
• Tape recorded responses;
• Responses on the test booklet;
• Frequent breaks;
• Extended testing time;
• Testing over several sessions;
• Small group setting;
• Private room;
• Preferential seating; and
• The use of a sign language interpreter for spoken directions.

• Are you in good health?
• Have you been hospitalized for a medical condition in the past five years?

• ADA Home Page
• ADA Responsibilities for Postsecondary Institutions Questions and Answers
• Office of Disability Employment Policy (ODEP)
• Department of Education’s Office for Civil Rights (OCR) pamphlet, “Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities

Students with disabilities are not required to pay any of the costs of accommodation services. The University is prohibited from charging students with disabilities more for participating in programs or activities than they charge any other student. The University also may not refuse accommodations based on non-availability or insufficiency of funds.

However, the University may meet its obligation by assisting students in obtaining reimbursement for their costs from an outside agency or organization, such as a state VR agency. The University may also provide alternate accommodations if they can demonstrate that providing a specific auxiliary aid or service would result in undue financial or administrative burdens on the institution’s resources.