Disability Law and the College Student

1. Regulations
   Both the Americans with Disabilities Act (“ADA”) and its predecessor, Section 504 of the Rehabilitation Act, make it unlawful for post-secondary educational institutions to discriminate against students on the basis of disability. Section 504 of the Rehabilitation Act, applies to institutions (such as Villanova University) receiving federal financial assistance.
   No otherwise qualified individual with a disability…shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
2. Who is protected?
   In order to be entitled to the protections of the ADA and Section 504 of the Rehabilitation Act, a student or applicant must establish that he or she is a “qualified individual with a disability.” An individual must show both that a disability exists and that he or she can meet the requirements of the program, with or without “reasonable accommodation.”
3. Requirements under the ADA and Section 504 for Academic Accommodations
   The student has responsibility to provide notice of their disability and the required documentation to the University. The university is then required to provide “appropriate academic accommodations” based on the nature of the disability and the academic environment.

Make sure documentation is up to date. Most colleges and testing services ask that it be no more than 3 years old.

Prior to applying to a college, find out about the following:

1. Who is responsible for providing services to students with disabilities? Does that person have knowledge of learning disabilities?
2. What is the school’s attitude toward students with disabilities? Are faculty and administrators aware of the problems and needs of these students as well as their potential for success?
3. What is the level of services? Would they be considered support services or a program? Are there any additional fees for services?
4. Are there any special admissions considerations for students with disabilities? What are the admission requirements?
5. What academic accommodations are available, such as extended time, access to taped texts, notetaker services, tutors, etc.? How are appropriate academic accommodations determined? How are they communicated to faculty?
6. Are course substitutions or waivers granted to students who, because of their disability, cannot pass certain courses, such as foreign language?
7. What type of documentation of a disability is required? What procedures must students follow to receive accommodations? Do they need to repeat this procedure each semester?
8. What kind of tutoring is available? Are tutors trained to work with students with disabilities? Is there an additional cost?
9. Are there support groups available for students with disabilities?

Reminders About College Life

• College is going to be more demanding academically. Students will need to work harder, be better organized, and actively problem solve. Students have been living in a fairly structured environment in high school when their time was planned from 7 am until at least 3, with additional planning and/or support from parents in the evening. At college they may have a class at 9 for an hour, another at 11, and another at 3. For a student with a disability that has poor time management skills or is disorganized, the extra free time during the day can present problems.
• Make sure initial contacts are established with the disability service provider. Remember that at college, the student bears the responsibility to initiate requests for accommodations.
• If the student is taking any medications, make the necessary arrangements with a doctor close to the chosen campus that will be available to monitor medication. The student will need to be responsible for taking their medication on schedule so the student should take responsibility for that before leaving for college.
• Encourage student to communicate with professors. Asking for help and meeting with the professor during office hours will go a long way. Do this early and often.
• Deadlines are important! Students need to keep an organizer to stay on top of things.

Being a Self-Advocate

As a student with a disability, you become successful when you learn to take responsibility for yourself. These responsibilities include:

1. Telling the appropriate person at school that you have a disability. If you do not know whom to tell, ask the admissions counselor.
2. Knowing your strengths and weaknesses and being able to verbalize them to the appropriate person. Write what you would say about your strengths. Write what you would say about your weaknesses.
3. Using the information you know about your strengths and weaknesses to ask for accommodations in specific areas. Think of an accommodation you will need and write how you would ask for it.
4. Asking for help at the beginning of a class, not after you are failing.
5. Letting the professor know what assistance you will need in the class. Do not expect the professor to figure it out for you.
6. Bringing information about your disability to school when you enroll. Know what information you will need to have. It is important to identify yourself early to receive help right away.
7. Planning ahead for the demands of college. Get your financial aid, work schedule, and study time in place. Then when you start school you can concentrate on these new demands.
8. Learning about the legal rights of individuals with disabilities under Section 504 of the Rehabilitation Act of 1973. Knowing your legal rights will help you know what your responsibilities are and what you are entitled to with regards to academic accommodations.

Adapted from Tools for Transition; American Guidance Services, Inc. 1991

Significant Differences Between High School and College for Students With Disabilities