Special Education Students: University Dreams And Realities

Students with special needs are much less likely to go to college after high school, but there are programs and strategies that can help them earn a two-year or four-year degree. In the US, students with disabilities have extensive rights and protections, and almost every college will have a disabled students' centre. Students with special needs can also attend further education colleges to learn independent living skills and gain work experience.

Postsecondary schools' rights and responsibilities towards students with disabilities

Students with disabilities in the US are protected by law from discrimination based on disability when they enter postsecondary education. The Office for Civil Rights (OCR) in the U.S. Department of Education provides information explaining the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools. This includes the obligations of a postsecondary school to provide academic adjustments, auxiliary aids, and services to ensure equal educational opportunities and that the school does not discriminate on the basis of disability.

Postsecondary Schools' Rights and Responsibilities:

• Postsecondary schools are not required to provide a free appropriate public education (FAPE) as they are not subject to the same requirements as school districts. Instead, they must provide appropriate academic adjustments to ensure non-discrimination on the basis of disability.
• Postsecondary schools must provide accessible housing to students with disabilities at the same cost as for non-disabled students if they offer housing.
• Postsecondary schools cannot deny admission solely because of a disability, as long as the essential requirements for admission are met.
• Postsecondary schools are not required to identify students with disabilities or assess their needs. However, they may require students to follow reasonable procedures to request academic adjustments and provide necessary documentation of their disability.
• Academic adjustments must be tailored to the individual's disability and needs and may include auxiliary aids, services, or modifications to academic requirements. Examples include priority registration, reduced course load, note-takers, extended time for testing, adaptive software, etc.
• Postsecondary schools are not required to lower essential requirements or make adjustments that fundamentally alter the nature of a service or program or cause undue financial burden. They are also not required to provide personal attendants, individually prescribed devices, or personal services such as tutoring.
• Postsecondary schools cannot charge students with disabilities additional fees for providing academic adjustments or participating in programs or activities.
• Postsecondary schools must have a designated coordinator for compliance with non-discrimination laws, such as Section 504 or Title II of the Americans with Disabilities Act. They must also have grievance procedures in place to address concerns or complaints of discrimination.

Students' Rights and Responsibilities:

• Students with disabilities have the right to be free from discrimination and to receive appropriate academic adjustments to have equal access to education.
• Students are not required to disclose their disability but must identify themselves as having a disability if they wish to receive academic adjustments or ensure access to accessible facilities. Disclosure is always voluntary.
• Students must inform the postsecondary school of their disability and request specific academic adjustments. They should do this as early as possible to allow the school sufficient time to review and provide the necessary adjustments.
• Students must provide documentation of their disability, which may include a diagnosis, information on how the disability affects major life activities and academic performance, and details of effective services or accommodations from previous education.
• Students should work collaboratively with the postsecondary school to identify appropriate academic adjustments and communicate any concerns or issues promptly.
• Students have the right to utilize the grievance procedures if they believe the school is discriminating against them or failing to provide appropriate academic adjustments. They can also file a complaint with the OCR or seek alternative legal recourse.

Admission requirements for students with special needs

Students with special needs have a range of options available to them when it comes to attending four-year universities. In the US, students with disabilities have rights and protections under the law, and universities are required to provide reasonable accommodations.

Admission Requirements

Students with disabilities are not required to inform a university of their disability, however, if they wish to receive academic adjustments, they must identify themselves as having a disability. Students should research the specific requirements of the universities they are applying to, as each university will have its own procedures for requesting accommodations. In general, students will need to provide documentation of their disability, which may include a diagnosis, information on how the disability affects major life activities, and how it impacts their academic performance.

Types of Accommodations

Under the Americans with Disabilities Act (ADA), all colleges and universities are required to provide reasonable accommodations for students with disabilities. This includes academic adjustments, such as extended time for tests and assignments, assistive technologies, recorded lectures, braille materials, and other reasonable adjustments. Universities must also ensure that their buildings are accessible, with features such as ramps, stair rails, and elevators.

Many universities go beyond these minimum requirements and offer more robust programs and resources for students with disabilities. These may include academic coaching, tutoring, peer mentoring, therapy, executive function coaching, career preparation, and assistance with social and life skills.

Examples of Universities with Programs for Students with Disabilities

• University of Illinois Urbana-Champaign: The Disability and Educational Services (DRES) office assigns each student with a disability an access specialist who works with faculty to ensure their needs are met. The university also offers wheelchair sports and a wellness gym for physical therapy and fitness.
• Gallaudet University: Located in Washington, DC, Gallaudet University was established specifically for deaf and hard-of-hearing students. It offers over 40 undergraduate areas of study, NCAA athletics, and various student clubs and organizations.
• California State University Northridge (CSUN): The CSUN Explorers program is a two-year, non-degree program for adults with intellectual and developmental disabilities, offering academic courses, internships, and other aspects of student life.
• Beacon College: The first accredited college in the US to offer undergraduate programs specifically designed for students with learning differences, such as dyslexia, ADHD, and autism.
• University of Arizona: The Strategic Alternative Learning Techniques (SALT) Center offers weekly meetings with a student support specialist, tutoring, workshops, wellness and psychological services, and access to assistive technology.

Students with special needs should carefully research the admission requirements and available resources at the universities they are considering to ensure they receive the support they need to succeed.

Academic adjustments and auxiliary aids

Academic Adjustments:

Academic adjustments refer to modifications made to academic requirements to ensure that students with disabilities are not discriminated against and have equal opportunities to participate in educational programs. These adjustments may include:

• Extended time for tests and assignments
• Substituting specific courses required for degree completion
• Reducing the course load
• Adapting the manner in which specific courses are conducted
• Changes in the length of time permitted for degree completion

Auxiliary Aids:

Auxiliary aids, on the other hand, are services or devices that enable students with disabilities to participate in and benefit from educational programs. Examples of auxiliary aids include:

• Note-takers
• Readers
• Recording devices
• Sign language interpreters
• Screen readers
• Voice recognition software
• Adaptive hardware or software for computers

It is important to note that institutions are not required to provide personal devices or services such as attendants or individually prescribed devices. However, if tutoring is offered to the general student population, it must also be made available to students with disabilities.

Factors Considered for Academic Adjustments and Auxiliary Aids:

Decisions regarding academic adjustments and auxiliary aids are made on a case-by-case basis, taking into account the specific needs of the student, the demands of the situation, and the essential nature of the course or program. The student's disability must substantially limit one or more major life activities for them to be eligible for these accommodations.

Additionally, academic adjustments and auxiliary aids cannot require a change in the essential requirements or nature of the course, curriculum, or activity. They also cannot create an undue financial or administrative burden for the institution.

Documentation and Procedures:

Students must provide professional documentation of their disability to be eligible for academic accommodations. The documentation should identify the student's impairment and how it limits their functioning. Institutions may set their own reasonable criteria for documentation, and students are responsible for meeting these requirements.

Once a student has identified themselves as having a disability and provided the necessary documentation, the institution's staff will work with the student to determine the appropriate academic adjustments and auxiliary aids. This process involves discussing the student's individual needs, the nature of the institution's program, and any potential barriers to the student's full participation.

Cost and Funding:

Auxiliary aids and services must be provided to students with disabilities without any additional cost to the student. Institutions may meet their obligation by assisting students in obtaining these aids or obtaining reimbursement from outside agencies or organizations, such as state Vocational Rehabilitation (VR) agencies.

Limitations and Exceptions:

It is important to note that institutions are not required to make adjustments or provide aids that would result in a fundamental alteration of their programs or impose an undue burden. Public institutions are required to give primary consideration to the student's requested auxiliary aid but can provide an alternative if it is equally effective.

Student Responsibilities:

Students play an active role in requesting and obtaining academic adjustments. They must identify themselves as having a disability and provide the necessary documentation. Additionally, students should notify the institution of their intention to request an academic adjustment as soon as possible to ensure that the necessary arrangements can be made.

Documentation and evaluation requirements

In the US, students with disabilities have the right to attend four-year universities. However, there are certain documentation and evaluation requirements that must be met to ensure these students receive the support they need. Here are the key points to consider:

• Evaluation Process: Before receiving special education services, students must undergo an initial evaluation to determine their eligibility. This evaluation must be conducted with the informed consent of the parents or guardians. The process is guided by the Individuals with Disabilities Education Act (IDEA), which defines a "child with a disability" and outlines specific categories of disability. The evaluation process involves gathering information about the student's academic performance, strengths, and weaknesses to identify their educational needs and determine appropriate programming.
• Timeframe for Evaluation: The initial evaluation must be completed within a specific timeframe, typically within 60 days of receiving parental consent. However, some states, such as Nevada and Minnesota, may have shorter timelines for the completion of the initial evaluation.
• Variety of Assessment Tools: The evaluation process must utilise a variety of assessment tools and strategies, including parental input, classroom observations, interviews, review of existing data, and valid assessment instruments. This comprehensive approach ensures an accurate understanding of the student's needs.
• Native Language and Cultural Sensitivity: Evaluations must be conducted in the student's native language and should not be discriminatory or culturally biased. This ensures that the assessment accurately reflects the student's abilities and needs.
• Qualified Professionals: A team of qualified school professionals, including educators and specialists, should conduct the evaluation. These professionals will interpret the results and make eligibility determinations.
• Determining Eligibility: After the evaluation, the team of professionals will meet with the parents or guardians to discuss the results. If the student meets the definition of a "child with a disability" under IDEA, they will be eligible for special education services. An Individualized Education Program (IEP) team will then develop an IEP outlining the required instruction, supports, and services.
• Right to Appeal: Parents or guardians have the right to appeal the evaluation results if they disagree. They can request an Independent Educational Evaluation (IEE) and, in some cases, have it conducted at public expense.
• Reevaluations: Evaluations must be conducted regularly, typically at least every three years, to reassess the student's needs and determine their continued eligibility for special education services. Informed parental consent is required for reevaluations as well.
• Transition Planning: Starting from grade 9, schools should begin transition goals as part of the student's IEP. This includes exploring options for post-secondary education, training, or employment, and developing independent living skills.
• Documentation for University Applications: When applying to four-year universities, students with disabilities may be required to provide documentation of their disability. This can include medical reports, diagnoses, information on how the disability affects their academic performance, and any previous Individualized Education Programs (IEPs) or Section 504 plans. Universities may set their own documentation requirements, so it is important for students to familiarise themselves with these requirements.
• Academic Adjustments at the University Level: Universities are required to provide academic adjustments to ensure they do not discriminate based on disability. Students must identify themselves as having a disability and request specific adjustments. Examples of adjustments include priority registration, reduced course load, extended time for testing, and adaptive software or hardware. However, universities are not required to lower essential requirements or make adjustments that would fundamentally alter the nature of their programs.

It is important to note that the requirements and procedures may vary across states and school districts, so it is essential to refer to local policies and guidelines. Additionally, while the IDEA applies to K-12 education, it does not apply to post-secondary schools. At the university level, Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 are the relevant laws that prohibit discrimination on the basis of disability.

Grievance procedures and discrimination complaints

Students with special needs can attend four-year universities, and there are several laws in place to protect their rights to education. In the US, the Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities have access to free and appropriate education. Additionally, Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 prohibit discrimination against people with disabilities. These laws apply to all public schools and most public and private colleges and universities.

When it comes to grievance procedures and discrimination complaints, the following information pertains specifically to students with special needs at four-year universities in the United States:

• Institutional Grievance Procedures: Students who believe they have been subjected to discrimination or unfair treatment are encouraged to first utilise the university's institutional grievance process to resolve their complaint. This process varies depending on the university and is usually outlined in the student handbook or code of conduct. It often involves submitting a written complaint to a designated office or committee, which will then investigate the matter and attempt to resolve it.
• Office of Civil Rights (OCR): If a student is not satisfied with the outcome of the institutional grievance process, or if the university does not have such a process, they can file a complaint with the OCR within 60 days of completing the institutional process. The OCR enforces several federal civil rights laws that prohibit discrimination in educational institutions receiving federal financial assistance. These laws include the Civil Rights Act of 1964, the Education Amendments of 1972, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975. Complaints can be filed online, by mail, facsimile, or email, and must include the complainant's contact information, details of the alleged discriminatory acts, and the name and location of the institution.
• State-Level Agencies: In addition to federal laws, some states have their own agencies that handle complaints related to education. For example, the Higher Education Coordinating Commission (HECC) in Oregon can respond to formal complaints from students who believe their concerns have not been adequately addressed by the university's grievance procedures. Students can also file complaints with their state's department of education or a similar agency.
• Office of Title IX & Discrimination Resolution: On-campus offices dedicated to resolving discrimination complaints, such as the Office of Title IX & Discrimination Resolution, are available at many universities. These offices provide students with guidance and support throughout the complaint process and can help them navigate their options for reporting and resolving the issue.
• Student Legal Services: Some universities offer legal advice and conflict resolution services to students through on-campus legal offices. These offices can provide referrals to private attorneys if the issue involves the university. Additionally, students can seek assistance from off-campus legal aid organisations or private attorneys.
• Department of Leadership Initiatives: In cases where the grievance is against a student organisation, the university's Department of Leadership Initiatives can provide guidance on the correct route for filing a complaint. This department is typically responsible for overseeing student organisations and can help ensure that complaints are handled appropriately and in accordance with university policies.

Frequently asked questions