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Disability and Access

Disability and Access

Making UT Austin Accessible and Welcoming for Students with Disabilities

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Making the Transition

The Transition: Differences Between High School and College

Starting college in a new environment can be an exciting time full of firsts. This might be the first time you live without your parents, share a room, or attend a class of 300 students. Disability and Access (D&A) data from recent academic years shows this was the first time many students with disabilities (28 percent) used accommodations in school. This new experience comes with a greater emphasis on personal responsibility and self-advocacy. For students with disabilities, there may be unique challenges that can seem overwhelming. D&A wants to offer you support during this transition by providing information about what to expect.

Below are are some websites and resources that have additional information about transitioning from a student with a disability in high school to a student with a disability in a college or university setting.

The National Center for College Students with Disabilities: NCCSD has collected favorite resources about disability and higher education in one place.

College Scholarships and Financial Aid for Students with Disabilities is a complete guide to college financing for students with disabilities. Find expert advice on loans, grants and scholarships specifically for students with disabilities, as well as resources to help with the job search after graduation.

Higher Education for Students with Disabilities; Rights, Resources and Accredited Online Schools: This guide provides an overview of rights and responsibilities of students with disabilities in higher education and explains how these might be different from the K-12 setting.

Students with Disabilities Preparing for Postsecondary Education: This  information is provided by the Office for Civil Rights (OCR) in the U. S. Department of Education to explain the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools. This site also explains the obligations of a postsecondary school to provide academic adjustments, including auxiliary aids and services, to ensure the school does not discriminate on the basis of disability.

College Resources for Students with Disabilities: Prospective college students with disabilities will find that many campuses are equipped with offices and services that address accessibility, accommodation, and assistive technology for a wide range of needs. Student services offices and access coordinators work to make campuses accessible environments through specialized advocacy, support, and academic services.

The Intent of the Law

The following laws govern the accommodation process in the secondary (high school) and postsecondary (college) environment. (Adapted from Oklahoma City College Disability Services Handbook.)

High School College/University
Individuals with Disabilities Education Act (IDEA)    Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act    Americans with Disabilities Act (ADA)
Americans with Disabilities Act (ADA)    Civil Rights Restoration Act
Civil Rights Restoration Act

IDEA is a revision of PL 94-142 (Education for all Handicapped Children), which legislated funding for special education services in the least restrictive environments. Both entitle children with disabilities to a free and appropriate education that allows for achievement. This puts the onus on the school system to do several things:

  1. identify children with special needs
  2. evaluate children to determine needs and whether or not there is a disability
  3. plan educational services to allow for achievement

All of these are provided at the school district’s expense.

In contrast, the intent of Section 504 and the ADA at the post-secondary level is to ensure equal access to individuals with disabilities who are otherwise qualified to meet the essential demands of the program. Whereas IDEA includes a list of specific disabilities that are eligible for services, 504/ADA defines disabilities in more general terms. Specifically, a disability is defined as a substantial impairment in a major life activity (including learning and working) and the laws protect individuals who are:

  1. currently substantially limited
  2. have a history of being substantially limited and
  3. who are regarded as substantially limited even though no such limitation exists

These latter two categories primarily relate to the protection of these individuals from discrimination (i.e., you cannot discriminate against someone who has a history of a disability or who you perceive as disabled). In the post-secondary environment, colleges and universities are responsible for providing equal access to students who meet this definition of a disability and protecting them from discrimination. Colleges and universities are NOT responsible for identifying or evaluating students, and the goal of accommodation is to ensure access versus academic success.

Based on these different intentions, there are several concrete differences that can be summarized as follows:

Identification

In the postsecondary environment, it is the students’ responsibility to register with the office responsible for providing accommodations and to make specific accommodation requests. Unlike high school, colleges and universities are not responsible for identifying students with disabilities.

Evaluation

Evaluation of students with perceived disabilities is not the responsibility of postsecondary institutions. Students have the responsibility to present documentation of their condition(s) for consideration of accommodations. The evaluations conducted are performed at the student’s expense.

Documentation

Postsecondary institutions have the right to ask for current and comprehensive documentation that clearly details:

  1. the diagnosis
  2. the functional limitations and
  3. the need for accommodations

The 504 plan or IEP that was developed in high school may not be sufficient. In addition, the documentation presented must clearly detail a student’s substantial limitations. Merely having a diagnosis (e.g., learning disability, ADHD) does not necessitate accommodations. Successful compensation belies a disability according to the definition provided by ADA (Gordon & Keiser, 1998). Similarly, the use of successful mitigating measures (e.g., medication, corrective lenses in the case of a vision impairment) that eliminate the functional impairment means that accommodations are not appropriate. In addition, it is important to note that case law surrounding the ADA has typically revolved around the “average person standard.” In other words, learning differences or “relative weaknesses” compared to one’s abilities in other areas are not necessarily disabling.

Reasonable Accommodations

It is important to note that the ADA is a civil rights act, and does not necessarily entitle an individual to accommodations. Accommodations are designed to ensure equal access and “level the playing field” versus guarantee academic success. Specific examples of this in the postsecondary environment include building a ramp so that a student in a wheelchair can get into a building, providing an interpreter for a deaf student to allow him/her to understand the material being presented, and giving extra test-taking time to a student with a learning disability to make sure that he/she has sufficient time to read an exam. In contrast, accommodations would not be provided to ensure that a student gets a certain grade on an exam.

Self-Advocacy

In high school, parents and/or guardians are often considered the primary advocates, although ideally students take on a growing responsibility for this role. In college, students must be able to communicate their needs and request services. While parents can certainly voice their concerns about a student, the accommodation request must come from the student. D&A provides students with resources to improve their self-advocacy skill in our Advocacy and Support section of our website.

This article was compiled from several sources including:

  • Gordon, M., & Keiser, S.L. (Eds.). (1998). Accommodations in higher education under the Americans with Disabilities Act (ADA): A no-nonsense guide for clinicians, educators, administrators, and lawyers. New York: Guilford.
  • McVey, K. (unpublished manuscript). Students with disabilities: The differences in legal rights and responsibilities in secondary and postsecondary education.
  • Oklahoma Community College Disability Services Handbook (n.d.), February 2002.

 

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Connect with the Disability Cultural Center

The DCC supports disability community and education at UT. Learn more about the DCC.

 

 

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Interested in learning more about supporting Disability and Access?

Make a donation or contact:
Heather Miller, Director of Development for Student Affairs, heather.miller@austin.utexas.edu

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  • About
    • Our Services
    • Policies and Procedures
      • The Law
      • Confidentiality
      • Grievance Procedures
      • Maintenance of Records
      • Reactivation of Files
      • Student Rights and Responsibilities
    • Frequently Asked Questions
    • Contact Us
    • D&A Data
  • Future UT Students
    • Making the Transition to UT
    • How to Register with D&A
    • Documentation Guidelines
    • Accommodations and Services
    • Housing and Dining Accommodations
    • Placement Exams
    • Resources for Parents
  • Current UT Students
    • How to Register with D&A
    • Accommodations and Services
    • Using Accommodations at UT
    • Using Testing Accommodations
    • Assistive Technology
    • Course Load Reduction and Medical Withdrawal
    • Online Learning
    • Housing and Dining Accommodations
    • Student Volunteer Notetakers
  • Faculty/Staff
    • The Law
    • Rights and Responsibilities of Students and Faculty
    • The Basics: Providing Accommodations
    • Working with Students with Disabilities
    • Creating an Accessible Classroom
    • Frequently Asked Questions
  • Deaf/HH
    • Live Captioning Services
    • Sign Language Interpreter Services
    • Captioning Videos
  • Forms & Documents
  • Education and Resources
    • About Disabilities
      • Attention-Deficit/Hyperactivity Disorder (ADHD)
      • Autism
      • Visual Disabilities
      • Brain Injuries
      • Hearing Disabilities
      • Learning Disabilities (LD)
      • Medical Disabilities
      • Physical Disabilities
      • Psychological Disabilities
      • Temporary Disabilities
    • Outreach Presentations
    • Resource Library
    • Accessibility Champion Awards
    • Scholarships