A Parents Guide to Post–Secondary Education and Students with Disabilities
Fundamental Principle: The student is responsible for his or herself.
- Your young person is going through another tremendous change.
- Things may seem unfamiliar, terrifying and wonderful all at once.
- 18 year old legal adult.
- Students with disabilities have a civil right to have access to their education.
The difference between entitlement and access
Post–secondary education offers access rather than entitlement to academic programs. When students graduate from high school or become 22, IDEA or P.L. 94–142 no longer applies.
IEP's and 504 plans are not required. 504 and the ADA become the laws of the land. These laws affirm and protect the rights of a student with a disability to a level playing field. Access does not equal a guarantee of success, but students can expect more of an equal opportunity to do the same work as their peers.
What is a Disability?
A disability is defined as a physical or mental impairment that substantially limits one or more major life activities, such as walking, talking, learning, seeing, hearing, speaking, breathing, working, performing manual tasks, and taking care of one's self.
A person is substantially limited when they are unable to perform a major life activity that the average person in the general population can perform; or are significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to a person in the general population. The determination of whether a condition substantially limits a person is based on the conditions impact on an individual, not on the existence of that condition.
What is meant by the term reasonable accommodation
Reasonable accommodations level the playing field for qualified individuals with disabilities by minimizing the functional limitations of an individual in a given task. Such accommodations permit students with disabilities the opportunity to learn by removing barriers that do not compromise academic standards.
For example, a deaf student is given a sign language interpreter, a student with physical limitations that prevent him from writing efficiently may request note–taking services, a blind student may receive textbooks on audio tapes or a student with a learning disability that impacts his/her ability to accurately process visual stimuli may receive textbooks on audio tape.
What is a functional limitation?
To receive accommodations, a disability must limit functioning in school. The affect of a disability on program access is considered a functional limitation.
A disability, in and of itself, does not necessarily require an accommodation. There must be a logical link between the functional limitation caused by the disability and the accommodation requested. For example, a blind student may elect to have text available in Braille. In this case, the disability (blindness) causes the functional limitation (an inability to read printed text).
What is meant by "otherwise qualified?"
When a student applies for admission to a university, they are required to demonstrate to the admissions staff that they meet the standards for that institution. This is unlike secondary school, where age was the only qualification for entry. Copies of high school transcripts, college entrance scores and other important information will be necessary during the admissions process. The presence or absence of a disability is not a factor in determining qualification for admission. Following admission, we would expect that each individual would continue to demonstrate that they are otherwise qualified by meeting or exceeding the academic standards set by the institution with or without accommodations.
What is meant by the phrase, "with or without reasonable accommodations?"
Understanding this phrase is critical to understanding the distinction between a civil right and an entitlement.
Civil rights laws such as the ADA and 504 do not mandate a safety net, meaning DSS does not guarantee academic success. Students with disabilities must perform at the same level that their academic and professional programs expect of other students. The university has the responsibility to level the playing field, but ultimately the student's work must be their own and be of satisfactory quality.
Students have the right to refuse any accommodations available to them. DSS cannot make a student request and/or utilize accommodations. Ultimately, if students do not request reasonable accommodations and perform poorly without them, their civil rights have not be violated.
Who will manage my son/daughter's educational services?
Self–determination and self–advocacy are skills that students develop as they become adults and enter the world of post–secondary education. College students are responsible for managing their own education, understanding their functional limitations and requesting necessary accommodations for their disability.
DSS endeavors to promote self–advocacy. Each student needs to be able to explain their functional limitations. That is, how their disability affects them or limits the ways in which tasks are performed. Students also need to know how those limitations can be effectively accommodated. Self–advocacy skills are critical because it is the student who will approach instructors, staff, students and ultimately employers to request reasonable accommodations.
What if my son/daughter doesn't want to access services?
This reaction is common for a lot of students because disabilities, for the most part, are devalued in our culture. Often students may feel shame about having a disability and want to turn away from it because of their experience with special education, resource rooms or 504 services that resulted in unintended effects on students.
Students want to feel that the work they do in school is of equal value to that of their classmates. They often tell us, "I just want to make it on my own, without help." DSS does not "help" students. We do not look over their shoulders to ensure that they are getting their homework done or going to class. These things, while intended to be helpful, are more likely to cement the conviction that the student is less qualified than other students to be at VCU.
Students may come to terms with their disability by
- changing their attitude about having a disability, or
- experiencing academic trouble.
Parents can:
- continue sending the message that it's up to them, that you have faith in them,
- let them know they have nothing to be ashamed of and asking for help is ok,
- let them know that a visit to the DSS office doesn't mean a commitment, and
- let them know it is good to be fully informed before making choices.
Why does my son/daughter need a label?
Parents and students are often understandably sensitive about the use of labels. None of us wish to be described or defined by what is wrong with us or what problems we may have.
Our belief at DSS is that disability is a natural part of life. People with disabilities have and always will exist. Further, students with disabilities have every bit as much to contribute to the University and to society as any other group of individuals.
With that in mind, remember DSS has the responsibility to verify a student's disability. Part of that process is to identify the functional limitations of the physical or mental condition. This process of verification makes it clear that this student has civil rights which are protected by the ADA and Section 504. If the student doesn't have a disability, their civil rights are not protected, and they are not entitled to accommodations.
How does DSS work?
First, the university must verify the student's disability and the functional limitations that result.
Next, the DSS coordinator and the student discuss the limitations and decide on the appropriate accommodations. Some accommodations are provided by DSS, others require the student to approach his/her instructors. The DSS coordinator will draft a letter for the student to give to their instructors. This letter introduces the student and informs the instructor that the student's disability has been verified by DSS. It then discusses the functional limitations of the student's disability and recommends reasonable accommodations.
The DSS will provide students with services such as readers, scribes, sign language interpreters, books in alternative format, etc. The DSS staff will let students know the process for requesting these services when needed. DSS typically makes use of a volunteer note taking service for students who need that accommodation. Services such as sign language interpreters are compensated for their work through the DSS office. All accommodations are free to students with disabilities.
DSS recommends that students identify and request accommodations at least four weeks prior to the first day of instruction to ensure that accommodations are available to them when they need them.
What does my son/daughter do when a faculty member doesn't make time for them?
First and foremost, persistence is the key. VCU has an excellent faculty. However, in some cases, class size may be much larger than many high school graduation classes.
Face–to–face communication between students and instructors is most fruitful. It is critical that communication results in the provision of appropriate accommodations.
For example, students are encouraged to provide each of their instructors with their accommodation letter during the first or second week of classes. This introduces the student and their requests for accommodations early. It also allows students to begin a dialogue with their instructors.
If students cannot meet their instructors personally, other options include leaving a message with the department secretary, leaving a voice–mail phone message or an email message. Additionally, all faculty members should have published office hours in which they are available to meet privately with students.
Why doesn't DSS provide LD assessment?
Neither the ADA nor Section 504 require post–secondary institutions to evaluate or assess students with disabilities or suspected disabilities.
In the logic of civil rights (as opposed to educational entitlement), the individual must assert and claim their right to equal access. As such, the burden of proof cannot be placed with the institution, employer or business.
VCU provides a list of qualified professionals in the Richmond area who will provide LD and ADD assessments. Students maybe asked to update their documentation when information is too old to accurately reflect the student's current level of functioning.
My son/daughter had some subjects waived in high school, why aren't they automatically waived in college?
There are no "automatic" waivers in higher education. In fact, there are no waivers at all. Rather, under certain circumstances, students may be granted substitutions for some courses.
Substitutions will only be considered when the student demonstrates that they are both otherwise qualified and that the substitution removes a disability–related barrier to their academic program.
Remember, the ADA provides for reasonable accommodations. Under the ADA however, it is not reasonable to lower the academic standards of any institution. Therefore, requests for substitutions must be accompanied by convincing documentation supporting the claim.
How has my role as a parent changed?
When your child was in primary school, you were the ever–present safety net. You attended parent/teacher conferences, IEP or 504 planning meetings. You made sure that your child was getting an appropriate education as entitled to all children.
In high school, you may have begun to see some changes in your adolescent. They began to assert their independence. At the post–secondary level, this transition continues. You increasingly give your support in a slightly different fashion. Your role shifts to a subtle hand of guidance.
Encourage your son/daughter to take responsibility for academic concerns and limitations. College is the first testing ground where your new student will and must be their own advocate. Expect them to develop their independence further through making the suitable arrangements to be successful in their classes.
What do you mean you cannot disclose any information to me about my son/daugther's services?
Once your student enrolls in a post–secondary institution, whether they are 18 or younger, they become the sole guardian of all records maintained by that institution.
Under the Family Educational Rights and Privacy Act of 1976 (FERPA), the student has the right to access their own records upon written request. The parent or guardian does not share that right. This means that parents do not have legal access to their student's grades, transcripts, or any information concerning the services they are being provided through Disability Support Services.
However, students may sign a written release of information which gives the institution the right to disclose their records to their parents. The only time a student's records may be disclosed without written consent would be to comply with a subpoena, or in an emergency situation where health and safety of the student or another individual is threatened.
Conclusion: Off to See the Wizard
So here you are, your child is entering the world of adulthood, and taking the first steps of a marvelous journey. It's a world completely different from any other, both strange and wonderful. As they enroll in VCU, the things that you and your student came to expect before, almost as black and white at times, are gone. It's all in Technicolor now.
We hope this information has been helpful in preparing you and your student for what's coming next. It may be very trying and stressful at times, but we know it can also be extraordinary.
Welcome to Virginia Commonwealth University!!!