IUPUI

Adaptive Educational Services

Making the Transition to College

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• Differences in rights between High School and Postsecondary Education
• Frequently Asked Questions

More and more high school students with disabilities are planning to continue their education in postsecondary schools, including vocational and career schools, two-and four-year colleges, and universities. As a student with a disability, you need to know about your rights and responsibilities, as well as the responsibilities that postsecondary schools have toward you. Being informed will help ensure that you have a full opportunity to enjoy your postsecondary education experience without confusion, frustration, or delay.

The Office for Civil Rights (OCR) in the U.S. Department of Education (DOE) feels it is important that students understand their rights and responsibilities as a student with a disability. The information on this web page has been adapted from a pamphlet offered by OCR and the DOE to explain those rights and responsibilities, as well as the obligations of a postsecondary school (a university or college) to provide academic adjustments, including auxiliary aids and services, to ensure that the school does not discriminate on the basis of disability.

OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which basically says colleges and university can't discriminate on the basis of disability. Practically every public school district and postsecondary school in the United States is subject to one or both of these laws.

Because both school districts and postsecondary schools must comply with these same laws, you and your parents might believe that postsecondary schools and school districts have the same responsibilities. This is not true; the responsibilities of postsecondary schools are significantly different from those of school districts.

Differences in rights between High School and Postsecondary Education

Section 504 and Title II protect elementary, secondary and postsecondary students from discrimination. Nevertheless, several of the requirements that apply through high school are different from the requirements that apply beyond high school. For instance, Section 504 requires a school district to provide a free appropriate public education (FAPE) to each child with a disability in the district's jurisdiction. Whatever the disability, a school district must identify an individual's education needs and provide any regular or special education and related aids and services necessary to meet those needs as well as it is meeting the needs of students without disabilities.

Unlike your high school, your postsecondary school is not required to provide a FAPE. Rather, your postsecondary school is required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability. In addition, if your postsecondary school provides housing to nondisabled students, it must provide comparable, convenient and accessible housing to students with disabilities at the same cost.

You may be familiar with another federal law that applies to the education of students with disabilities--the Individuals with Disabilities Education Act (IDEA). That law is administered by the Office of Special Education Programs in the Office of Special Education and Rehabilitative Services in the U.S. Department of Education. The IDEA and its Individualized Education Program (IEP) provisions do not apply to postsecondary schools. This pamphlet does not discuss the IDEA or state and local laws that may apply.

There are other important differences you need to know, even before you arrive at a college, university, technical school, or trade school. Learn more about those differences in the next set of questions and answers.

The information on this web page has been adapted from a document authored by the U.S. Department of Education. U.S. Department of Education, Office for Civil Rights, Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities, Washington, D.C., 2002.

Frequently Asked Questions

1. May a postsecondary school deny my admission because I have a disability?
2. Do I have to tell the college or university that I have a disability?
3. What kind of academic adjustments (or accommodation) does a college or university have to provide?
4. If I want an academic adjustment, what must I do?
5. When should I request an academic adjustment?
6. Do I have to prove that I have a disability to obtain an academic adjustment?
7. Once the school has received the necessary documentation from me, what should I expect?
8. What if the academic adjustment we identified is not working?
9. May a postsecondary school charge me for providing an academic adjustment?

1. May a postsecondary school deny my admission because I have a disability?

   No. If you meet the essential requirements for admission to the college or university, you cannot be denied admission simply because you have a disability. However, this brings up the difficult decision "Should I disclose disability information to the school or not."

2. Do I have to tell the college or university that I have a disability?

   No. However, if you want the school to provide an academic adjustment or some other accommodation, you must identify yourself as having a disability, and most often, provide some type of supporting documentation. For example, you should let the school know about a disability if you'll need to use accessible facilities (e.g. dorm rooms, classrooms, assistive computer technology). But it's important to remember that disclosing information about your disability is always voluntary.

   There are pros and cons to think about.

   On the one hand, it may not be a big deal if you don't disclose information about your disability. Especially if you feel you won't need accommodations from the school. But, if you'll need accommodations, or any specific type of adjustment made for you in order to pursue an education, then not disclosing may be the wrong decision.

   At IUPUI, we have lots of students who choose not to disclose until they feel it's the right time. But we urge any student with a documented disability to contact us sooner rather than later. We always try to help, but sometimes students who wait make it difficult, if not impossible, for our office to help.

3. What kind of academic adjustments (or accommodation) does a college or university have to provide?

   The appropriate academic adjustment must be determined based on your disability and individual needs. Academic adjustments include modifications to academic requirements and auxiliary aids and services, for example, arranging for priority registration; reducing a course load; substituting one course for another; providing notetakers, recording devices, sign language interpreters, extended time for testing and, if telephones are provided in dorm rooms, a TTY in your dorm room; and equipping school computers with screen-reading, voice recognition or other adaptive software or hardware.

   In providing an academic adjustment, your postsecondary school is not required to lower or effect substantial modifications to essential requirements. For example, although your school may be required to provide extended testing time, it is not required to change the substantive content of the test. In addition, your postsecondary school does not have to make modifications that would fundamentally alter the nature of a service, program or activity or would result in undue financial or administrative burdens. Finally, your postsecondary school does not have to provide personal attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature, such as tutoring and typing.

4. If I want an academic adjustment, what must I do?

   You must inform the school that you have a disability and need an academic adjustment. Unlike your school district, your postsecondary school is not required to identify you as having a disability or assess your needs.

   At IUPUI, a student who would like an academic adjustment or accommodation, should contact the office of Adaptive Educational Services (AES) in Cavanaugh Hall.

   Your postsecondary school may require you to follow reasonable procedures to request an academic adjustment. You are responsible for knowing and following these procedures. Postsecondary schools usually include, in their publications providing general information, information on the procedures and contacts for requesting an academic adjustment. Such publications include recruitment materials, catalogs and student handbooks, and are often available on school Web sites. Many schools also have staff whose purpose is to assist students with disabilities. If you are unable to locate the procedures, ask a school official, such as an admissions officer or counselor.

5. When should I request an academic adjustment?

   Although you may request an academic adjustment from your postsecondary school at any time, you should request it as early as possible. Some academic adjustments may take more time to provide than others. While AES does not set a deadline each semester, you should contact us to become a client as soon as possible to ensure that we have enough time to review your request and provide an appropriate academic adjustment.

6. Do I have to prove that I have a disability to obtain an academic adjustment?

   In the majority of cases, yes. AES will ask you to provide documentation that shows you have a current disability and need an academic adjustment. View our new clients section for more information about proper documentation.

7. Once the school has received the necessary documentation from me, what should I expect?

   AES will review your request and compare it with the essential requirements for the relevant program to help determine an appropriate academic adjustment. It is important to remember that a school at IUPUI is not required to lower or waive essential requirements. If you have requested a specific academic adjustment, the school may offer that academic adjustment or an alternative one if the alternative also would be effective.

   You can expect AES to work with you and your school at IUPUI in an interactive process to identify an appropriate academic adjustment.

8. What if the academic adjustment we identified is not working?

   Let our office know as soon as you become aware that the results are not what you expected. It may be too late to correct the problem if you wait until the course or activity is completed. We will make every effort to work with you , your school, and/or your specific professor to resolve the problem.

9. May a postsecondary school charge me for providing an academic adjustment?

   No. Furthermore, it may not charge students with disabilities more for participating in its programs or activities than it charges students who do not have disabilities. All of the services we provide are free to students with a documented disability. However, there is a charge of $3.00 if you would like a private access account for the copy machine IN the AES office. Regardless of the existence of a disability, there are no locations on campus where students may make free copies. The AES office is certainly the cheapest place though, and is reserved for students with a private access account.

   Students with disabilities who know their rights and responsibilities are much better equipped to succeed in postsecondary school. We encourage you to work with the staff at your school because they, too, want you to succeed. Seek the support of family, friends and fellow students, including those with disabilities. Know your talents and capitalize on them, and believe in yourself as you embrace new challenges in your education.