Postsecondary Education & Training

Webinar 5IDEA vs. ADA

and 504

PRESENTED BY:The Center for Change in Transition Services

CCTS Contact Information

Email: ccts@seattleu.edu

Phone: 206.296.6494

http://www.seattleu.edu/ccts

CCTS Webinar Series

Welcome to the 2014-2015 Webinar series on postsecondary education and training.

Presented by the Center for Change in Transition Services (CCTS), a Special Education State Needs Project housed at Seattle University and funded through the Office of the Superintendent of Public Instruction (OSPI).

CCTS has been serving special need students, their families and schools since 1990.

Registration

1) Everyone participating in the webinar needs to type the following in the chat box

– Name

– Email Address

2) You will be sent a link following the webinar to register for Clock Hours. You must complete the registration process to apply for clock hours!

Thank you for joining us today!

CCTS disclaimer

The information contained in this presentation and webinar provides an overview of special education requirements. However, this presentation is not intended as legal advice. The state regulations that implement IDEA are located in Chapter 392-172A WAC. Outside resources are not intended to be an endorsement of any service or product. District personnel should always review their district’s procedures and review questions with their administrative staff.

2014-2015 Webinars

March 11th

AccommodationsStudents with disabilities must seek their own accommodations after

leaving high school. This webinar will explore what to expect and how this process works at different types of postsecondary institutions.

April 8th

Affordable?Exploring financial aid resources and opportunities to finance postsecondary education will be the subject of this webinar.

May 13th

Transition PlanningThe focus of our final webinar will be preparing for a successful transition

by learning how to write postsecondary education goals into the IEP and how to use the Summary of Performance (SOP) document

as a passport to education.

CCTS Introductions

Cinda JohnsonEd.D., Principal

Investigator

Sue Ann BubeEd.D., Director

Julia SchechterM.Ed., Doctoral

Research Assistant

Guest

Deborah Leuchovius

Program Director

PACER’s National Parent Center on Transition and Employmentwww.pacer.org

952-838-9000

888-248-0822

Pacer Center Inc.

Bloomington, Minnesota

This webinar is closed-captioned. To view the captioning click on the CC icon just above the video.

Closed Captioned (CC)

Raise your hand and wait to be called on by moderator

You may ask questions by typing in the chat box or by raising your hand (if you have a microphone).

If you have a microphone, please keep it turned off until called on.

Agenda

Overview

Legal differences between K-12 & higher education

WA Post-School OutcomesSpecial Education 2011-2012

Barriers to engagement

K-12

In K-12, there is a legal guarantee under IDEA of a “free and appropriate public education” (FAPE). A structured framework of services is provided that includes:

Wolanin & Steele, 2004

• Significant parental involvement• Publically funded assessments• Substantial and fundamental modifications to the

curriculum

Higher education

Unlike the legal requirement for services in high school, there is no mandate for colleges and universities to provide special education, individualized support services, or free education.

When does change occur?

Upon completing secondary education or reaching the age of 22 years, students become responsible for self-identifying and seeking services and protections under Section 504 and the ADA.

Heath, 2006

Section 504 of the Rehabilitation Act of 1973

As amended:

No qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or any program or activity conducted by any Executive agency or by the United States Postal Service.

From GWU Heath Resource Center

ADA of 1990

The Americans with Disabilities Act (ADA) of 1990 upholds and extends the nondiscrimination mandates set forth in Section 504 of the Rehabilitation Act of 1973 to include both public and private colleges and universities regardless of their receipt of federal financial assistance, but does contain exceptions for private clubs and religious entities.

From GWU Heath Resource Center

Shift in law

IDEA Section 504 ADA

Birth to 21 years old Any age Any age

Must “qualify” Identifiable disability Identifiable disability or regarded as so

Local, state and federal Entities receiving federal funds

Public accommodations and private entities

IEP team 504 Coordinator Upon request or see need

Specialized education FAPE & accommodations Reasonable accommodations

“educational benefit” “appropriate accommodations”

“effective communication”

No comparison- individualized

Compares to other disabled students

Compares to hearing students

National Association of the Deaf

504 Parts D & E Responsibilities

Area K-12 PostsecondaryIdentification School district Student

Evaluation School district Student

Payment for evaluation School district Student

IEP School district Not required

Course selection & programming

School district Student

Transition planning School district Student

Progress monitoring School district Student

Assuming educational costs School district Student/parent

Ensuring reasonable accommodations

School district Institution (upon student eligibility)

Monitoring effectiveness School district Student

Madaus & Shaw, 2004

Fee for service

Colleges and universities cannot charge students for the reasonable accommodations necessary to provide equal access under Section 504 or the ADA, but they may offer more individualized or intensive services, not required by law, for a fee.

McGuire & Shaw

IDEA 2004

• Office of Special Education (OSEP)

Section 504 & ADA

• Office of Civil Rights, United States Dept. of Education

Enforcement

Impacts of legal differences

Transition

Bridging the divide

IDEA reauthorizations in 1990 & 1997 were amended to require transition services be included in a student’s IEP.

Transition services are a coordinated set of activities…designed within an outcomes oriented process, which promote movement to post-school activities, including post-secondary education…

IDEA Section 602(30)(A)

Prepare for transition

A critical dimension of transition services is to prepare students with disabilities and their families for the dramatically different rights and responsibilities they will have in higher education compared to secondary school.

Wolanin & Steele, 2004

IEP’s & SOP’s

Do not transfer to postsecondary education, but should prepare the student for transition by containing current evaluations and assessments of student needs (less than 3 years).

Gaining accommodations

Documentation of a disability in postsecondary education institutions is reliant on:

Washington Student Achievement Council

• Student disclosure of disability• Professional staff observation

of students’ disability• A third party professional

assessment or evaluation

Accommodations

Postsecondary institutions are not required to:

•Lower or substantially modify essential requirements (i.e., yes on extended exam time but will not change test).

•Provide modifications that would result in undue financial or administrative burden.

•Provide personal attendants or services of a personal nature.

USDE, Office of Civil Rights

Self-advocacy

• Gaining accommodations and support falls to the students in higher education.

• Parents may support, but student must initiate.

• Many students do not want to disclose their disability, only 28% of postsecondary students with disabilities identified themselves as having a disability and informed their postsecondary schools of their disability.

NLTS2, 2011

Self-Determination

Support Under K-12 & FAPE Higher Education under ADA & 504

Assessments & evaluations Yes No

Equipment and services provided

Yes No

Personal care attendants Yes No

Architectural Access Yes Yes

Aids & Services for effective communication

Yes Yes

Modified policies, practices, procedures

Yes Yes

Pacer & Washington Student Achievement Council

DVR

If a student with a disability is eligible for services through the state Dept. of Vocational Rehabilitation (DVR) Services program, he or she may qualify for an evaluation at no cost. High school educators can assist students with disabilities in locating their state DVR agency at: http://rsa.ed.gov

(click on “Info about RSA,” then “Resources,” then “State and Local Government Employment Resources,” then “Vocational Rehabilitation Offices”).

OCR- A guide for high school educators

Summary of Performance

Mandated under IDEA 2004, the SOP must include recommendations regarding how to assist the student in meeting postsecondary goals. The SOP allows a student to summarize his or her:•Postsecondary goals

•Nature of disability

•Assessment data

•Connection between assessment data & accommodations or aids needed in higher ed.

•Historical perspective on impact of disability on learning

•§300.305[e][3] & Dukes

In a nutshell,

“The single most distinguishing quality between the two settings relates to the amount of structure and the ability to function independently McGuire, 2010. Studying, seeking the assistance of faculty and staff, self-disclosing, advocating for accommodations, and decision making are key ingredients in a successful college experience. In contrast for secondary students, these functions often are overseen by well-intentioned parents”. Shaw, 2009

Summary

1. Students and families should be apprised of

differences in law between K-12 and higher ed.

2. Transition activities should place emphasis on

providing students self-advocacy skills.

3. Student leadership in IEP to be encouraged.

4. Update disability documentation.

Wolanin & Steele, 2004

Resources and References

Thank you for participating

Resources

Resources

Obtain copies of the U.S. Department of Education’s Office of Civil Right’s Transition of students with disabilities to postsecondary education: A guide for high school educators

Write to: ED Pubs Education Publications Center, U.S. Department of Education,P.O. Box 22207, Alexandria, VA 22304.

Or e-mail your request to: edpubs@inet.ed.gov.

Or call in your request toll-free: 1-877-433-7827 (1-877-4-ED-PUBS). Those who use a telecommunications device for the deaf (TDD) or a teletypewriter (TTY), should call 1-877-576-7734. If 877 service is not yet available in your area, call 1-800-872-5327 (1-800-USA-LEARN).

Or order online at http://edpubs.gov.

*On request, this publication can be made available in alternate formats, such as Braille, large print or computer diskette. 

Resources

George Washington University HEATH Resource Center http://heath.gwu.edu/

The GWU HEATH Resource Center provides information on transition to higher education including information about disability support services, policies, procedures, accommodations, and financial assistance. The Heath Guidance and Career Counselor Toolkit (acessible on front page of website) provides extensive resources.

PAVE http://wapave.org  is a Washington parent directed organization that works with families, individuals with disabilities, professionals and community members in all walks of life and with all types of disabilities. Since 1979, PAVE has provided information, training and support to individuals with disabilities, parents and professionals.

ThinkCollege! http://www.thinkcollege.net/index.php

This website provides resources for students, families, and professionals supporting youth with intellectual disabilities exploring postsecondary education options.

United States Department of Education, Office of Civil Rights

http://www2.ed.gov/about/offices/list/ocr/transition.html

The USDE Office of Civil Rights has many resources and publications to support students, families and professionals explore options for transitioning to postsecondary education. One such publication is: Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities.

References

Dukes, L.L. (2010) Gathering data to determine eligibility for services and accommodations. In Shaw, S. F., Madaus, J. W., Dukes, L. L. (Eds.), Preparing students with disabilities for college success : A practical guide to transition planning. (pp. 7-35). Baltimore: Paul H. Brookes Pub. Co.

Hamblet, E. C., & Council for Exceptional Children. (2011). 7 steps for success: High school to college transition strategies for students with disabilities. Arlington, VA: Council For Exceptional Children.

Holmes, Tawny. (2014) Legal Rights Beyond the Educational Setting. Retrieved from www.nad.org

Leuchovius, D. (2013). ADA Q&A: Section 504 & Postsecondary Education. Retrieved from http://www.pacer.org/publications/adaqa/504.asp

Madaus, J.W. & Shaw, S.F. (2004) Section 504: The differences in the regulations regarding secondary and postsecondary education. Intervention in School and Clinic, 4081-87.

McGuire, J.M. (2010) Considerations for the transition to college. In Shaw, S. F., Madaus, J. W., Dukes, L. L. (Eds.), Preparing students with disabilities for college success : A practical guide to transition planning. (pp. 7-35). Baltimore: Paul H. Brookes Pub. Co.

References cont’d

Newman, L., Wagner, M., Knokey, A. M., Marder, C., Nagle, K., Shaver, . . . Schwarting, M. (2011). The Post-High School Outcomes of Young Adults With Disabilities up to 8 Years After High School. A Report From the National Longitudinal Transition Study-2 (NLTS2) (NCSER 2011-3005). Menlo Park, CA: SRI International

Shaw, S. F. (2009). Transition to postsecondary education, Focus on Exceptional Children, (42)2, 1-16.

Shaw, S. F., Madaus, J. W., & Dukes, L. L. (2010). Preparing students with disabilities for college success : A practical guide to transition planning. Baltimore: Paul H. Brookes Pub. Co.

U. S. Department of Education, Office for Civil Rights. (2004). Students with disabilities preparing for postsecondary education: Know your rights and responsibilities.

U. S. Department of Education, Office for Civil Rights. (2011). Students with disabilities preparing for postsecondary education: A Guide for High School Educators.

U.S. Government Accountability Office. (2009). Higher education and disability: Education needs a coordinated approach to improve its assistance to schools in supporting students (GAO-10-33). Washington D.C.: Author. Retrieved from http://www.gao.gov/products/GAO-10-33

Wolanin, T. R., & Steele, P. E. (2004). Higher Education Opportunities for Students with Disabilities. Washington D.C: The Institute for Higher Education Policy.