Universities Welcoming Special Needs Students: Inclusive Education

Students with disabilities have the same right as any other student to attend college or university. In fact, according to the U.S. Department of Education’s National Center for Education Statistics, approximately 11% of all postsecondary undergraduates in the U.S. have some form of disability. The transition from high school to college can be challenging, and students with disabilities may face additional stresses. However, there are hundreds of colleges and universities across the U.S. that offer specialised programs, resources, and services to support students with disabilities.

What is considered a disability?

In the United States, there are varying definitions of disability, both culturally and in terms of legislation. The Americans with Disabilities Act (ADA) is a federal law that protects the civil rights of people with disabilities. The ADA defines a person with a disability as someone who:

• Has a physical or mental impairment that substantially limits one or more major life activities
• Has a history or record of an impairment (such as cancer that is in remission)
• Is regarded as having an impairment by others, even if the individual does not actually have a disability (e.g., a person with severe burn scars that do not limit any major life activity)

The ADA's definition of disability is a legal one, not a medical or social justice-related definition. It is intended to establish broad protection from discrimination for individuals with any medical condition or disability that substantially limits one or more major life activities.

Major life activities are basic activities that most people can perform with little or no difficulty. Some examples include:

• Actions like eating, sleeping, speaking, and breathing
• Movements like walking, standing, lifting, and bending
• Cognitive functions like thinking and concentrating
• Sensory functions like seeing and hearing
• Tasks like working, reading, learning, and communicating
• The operation of major bodily functions like circulation and reproduction
• The function of individual organs like the heart, lungs, or pancreas

The definition of disability under the ADA is similar to the definition under Section 504 of the Rehabilitation Act of 1973, which prohibits the discrimination of otherwise qualified individuals with a disability by any program or activity receiving Federal funding or other assistance.

Some common disabilities that fall under the ADA and Section 504 include:

• Blindness and visual impairment
• Deafness and hearing impairment
• Chronic health impairment (e.g., HIV/AIDS, cancer, diabetes)
• Mobility impairments
• Head injury
• ADD or ADHD
• Developmental disabilities (e.g., autism spectrum disorder, cerebral palsy)
• Learning disabilities (e.g., dyslexia, dyscalculia)
• Psychological disabilities (e.g., bipolar disorder, depression, anxiety disorders)

It is important to note that the determination of whether an individual qualifies as having a disability under the ADA or Section 504 is done on a case-by-case basis, and the laws require that the definition of disability be construed broadly.

Should you disclose your disability?

Deciding whether or not to disclose your disability when applying to university can be challenging. While it is not a requirement, and institutions are prohibited from asking about disabilities, it is beneficial to do so in order to access support services and accommodations. Here are some factors to consider when making this decision:

Understanding Your Rights and the Institution's Responsibilities

Before deciding whether to disclose your disability, it is crucial to understand your rights as a student with a disability and the responsibilities of the university. In the United States, the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA) of 1990 provide legal protections against discrimination for individuals with disabilities. These laws ensure that universities cannot limit the number of students with disabilities they admit, make pre-admission inquiries about disabilities, or exclude students with disabilities from specific courses of study based solely on their disability. Additionally, universities are required to provide "reasonable accommodations" to ensure equal opportunities for students with disabilities. Understanding these laws will empower you to make an informed decision about disclosing your disability.

Assessing Your Needs and the Available Support

When considering disclosure, it is essential to evaluate your specific needs and the types of support and accommodations that would be beneficial for your university experience. Different universities offer varying levels of support, so researching the disability services and accommodations provided by your prospective institutions is crucial. Look into whether they have specialised offices or departments that cater to students with disabilities and what types of accommodations they can provide. This information will help you make an informed decision about whether disclosing your disability will lead to the support you need.

Understanding the Application Process and Timing of Disclosure

It is important to know that disclosing your disability is entirely voluntary and not mandatory. You are not obligated to disclose your disability on your application, and universities cannot deny admission based on your disability status. However, if you require specific accommodations or adjustments, disclosing your disability is necessary to ensure the university can meet your needs. You can choose to disclose your disability at any time during the application process, after accepting an offer, or even during your studies. Many universities welcome early notification to ensure they can put the necessary accommodations in place before you arrive on campus.

Weighing the Benefits and Potential Concerns

Disclosing your disability can provide numerous benefits, such as accessing specialised support services, accommodations in academics and campus life, and financial aid opportunities. However, it is understandable that some students may have concerns about potential stigma, discrimination, or negative impacts on their application. It is crucial to assess your own comfort level and decide if the benefits of disclosure outweigh any potential drawbacks. Remember that universities are increasingly encouraging disclosures and are committed to providing support to ensure your success.

Seeking Guidance and Support

If you are unsure about disclosing your disability, seeking guidance from counsellors, teachers, or disability support organisations can be incredibly helpful. They can provide personalised advice, inform you of your rights and the university's responsibilities, and help you navigate the application process. Additionally, connecting with current students or alumni with similar experiences can offer valuable insights into their journeys and the support they received. Their perspectives may assist you in making a well-informed decision about disclosure.

In conclusion, the decision to disclose your disability when applying to university is a personal one. By understanding your rights, assessing your needs, knowing the application process, weighing the benefits and concerns, and seeking guidance, you can make an informed choice that aligns with your comfort level and ensures you receive the support you need during your university journey.

What are your rights?

The transition from high school to college can be challenging, especially for students with disabilities. However, students with disabilities have substantial rights and protections under the law. Here is an overview of your rights and what you need to know as you navigate the college admissions process and campus life.

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973:

• These laws mandate that students with disabilities have equal access to postsecondary education, including public universities, vocational schools, community colleges, and private institutions.
• Under these laws, colleges and universities are prohibited from discriminating against students with disabilities in admissions, academics, or any other aspect of campus life.
• "Disability" is broadly defined and includes physical and mental impairments that substantially limit one or more major life activities, such as seeing, hearing, walking, breathing, learning, working, or caring for oneself.
• The ADA covers all private and public colleges run by non-religious entities, while Section 504 applies to schools that receive federal financial assistance or allow their students to receive federal financial aid.

Your rights during the college admissions process:

• You are not legally required to disclose your disability during the admissions process, but it is strongly recommended. By disclosing your disability, you can access the accommodations you need and ensure that your application is evaluated fairly.
• Visit the disability services office at each institution to learn about the specific accommodations and services they offer.
• When applying, describe your disability in a letter attached to your application and provide relevant documentation (e.g. medical records, psycho-educational evaluation, etc.).
• Meet with campus specialists to discuss your specific requirements and evaluate whether the school can meet your needs.

Your rights as a college student:

• You have the right to request and expect reasonable accommodations that enable you to participate in and benefit from all programs and activities offered by the school.
• Accommodations may include extended time for tests and assignments, assistive technologies, recorded lectures, Braille materials, accessible buildings, and specialised equipment.
• To receive accommodations, you must typically register with the Office of Disability Services and provide appropriate documentation of your disability.
• If you feel that your rights have been violated or that you are being discriminated against because of your disability, you have several options for filing a complaint or appeal, including with the school's disability office, the Office for Civil Rights of the Department of Education, or the U.S. Department of Justice.

Important considerations:

• While colleges are required to provide reasonable accommodations, they are not required to make modifications that would fundamentally alter the nature of a program or place an undue burden on the institution.
• The process for requesting accommodations in college is different from high school. In college, you are generally responsible for identifying yourself as a student with a disability and initiating the request for accommodations.
• It is important to be proactive and communicate your needs to the appropriate departments and faculty members.

Overall, it is essential to know your rights and understand the laws that protect you as a student with a disability. By advocating for yourself and utilising the available resources, you can ensure that you have a positive and inclusive college experience.

What accommodations are available?

Accommodations for students with disabilities vary depending on the type of disability and the specific needs of the student. Here are some of the common accommodations provided by universities:

Academic Adjustments and Modifications

• Extended time for tests, assignments, and graduation
• Substitution of non-essential courses for degree requirements
• Adaptation or modification of course instruction
• Recording of lectures through audio or video means
• Modified test-taking or performance evaluations for students with sensory, mobility, or speaking impairments
• Provision of qualified interpreters, note-takers, readers, and assistive devices such as computer-aided transcription devices and assistive listening devices

Physical Accessibility

• Installation of ramps, stair rails, and elevators
• Removal of architectural barriers and installation of curb cuts in sidewalks and entrances
• Adjustment of physical facilities, such as repositioning shelves to improve accessibility
• Provision of accessible housing for students with disabilities, ensuring comparable prices to other students

Support Services and Resources

• Disability specialists or coordinators who work with students to tailor accommodations to their individual needs
• Academic coaching, tutoring, and peer mentoring
• Study groups and therapy sessions
• Executive function coaching, including assistance with time management skills
• Career preparation and assistance with social and life skills
• Support groups for students with disabilities
• Mental health services

It is important to note that the specific accommodations provided can vary across universities, and students should research and visit the institutions to understand the extent of their disability services. Additionally, while universities are required to provide reasonable accommodations, they are not obligated to make modifications that would fundamentally alter the nature of their programs or cause an undue burden on the institution.

What happens if your rights are violated?

Students with disabilities have substantial rights and responsibilities, but understanding them can be difficult. In the United States, there are three main laws that address the rights of students with disabilities in public schools: The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and Title II of the Americans with Disabilities Act (ADA).

If a student believes that their rights have been violated, they can file a complaint with the appropriate agency. The U.S. Department of Education's Office for Civil Rights (OCR) is one such agency that handles complaints related to disability discrimination in schools. OCR can provide technical assistance to school districts, parents, and students and can enforce Section 504 and Title II of the ADA.

Additionally, students can seek legal recourse through the federal court system. A person may file a private lawsuit against a school district at any time, without having to first file a complaint with OCR. This means that students can take direct legal action if they feel their rights have been violated.

It is important to note that the procedures for addressing violations may vary depending on the specific law that has been violated. For example, under IDEA, students and parents have the right to a due process hearing to resolve disputes related to the student's evaluation, placement, or educational services.

In the case of Section 504, if a school district is found to be out of compliance, OCR will attempt to bring the district into voluntary compliance through negotiation. If this is unsuccessful, OCR may initiate administrative proceedings to terminate financial assistance or refer the case to the Department of Justice for judicial proceedings.

It is also worth mentioning that while IDEA and Section 504 offer protections specifically for students with disabilities, the First Amendment of the U.S. Constitution, as interpreted by the Supreme Court, also protects the free speech and expression rights of students in schools. This means that students cannot be disciplined for expressing their views, as long as they do not disrupt the functioning of the school or violate school policies unrelated to the message expressed.

Understanding your rights as a student with a disability is crucial, and knowing what to do if those rights are violated is equally important. By familiarizing yourself with the relevant laws and procedures, you can effectively advocate for yourself and ensure that your rights are respected and upheld.

Frequently asked questions