Laws governing disability services for high school and college are different, and so is the accommodation process. But the biggest difference you will see as a college student concerns who is responsible for what. In a word, YOU are responsible for managing your disability and the accommodations it may require. It is your responsibility as a college student to contact the office which handles accommodations for students with disabilities, and to provide the required documentation. Likewise, individual instructors will not be automatically notified that they have a student with a disability in their classroom. It is now your responsibility, along with your disability services provider, to notify each instructor and make plans for the accommodations you will require.

Another change is that unlike high school, students attending college who are 18 or older have the privacy and confidentiality considerations afforded to adults. Therefore, college professors and administrators must talk directly with the students themselves and cannot talk with parents or guardians about a student’s activities without written permission from the student. Whereas parents used to be the student’s primary advocate, the student must now advocate for her/himself.

Legal Protections

Students with disabilities are expected to meet the same academic standards as other students at their college or university. To accomplish this, accommodations may be needed which make the method of instruction accessible to the student. Failure of a school to provide appropriate accommodations for students with documented disabilities is a violation of a student’s civil rights, and is against the law.

Section 504

In September 1973, Congress passed Section 504 of the Rehabilitation Act, which states: “No otherwise qualified individual with a disability in the United States shall, solely on the basis of his or her disability, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

This includes all aspects of academic and nonacademic activities, including but not limited to admissions and recruitment, admission to programs, academic adjustments, housing, financial assistance, physical education and athletics, counseling, and testing.

The ADA

The Americans with Disabilities Act of 1990 (ADA) extends the standards of compliance established in Section 504 of the Rehabilitation Act of 1973. The ADA provides protection from discrimination for individuals who have a disability as defined in the law. It covers all policies, procedures and practices that affect students with disabilities and has helped focus public attention on increased access to institutions of higher education for persons with disabilities.

The Rehabilitation Act and ADA Definition of a “Person with a Disability”

According to both Section 504 and the ADA, a “Person with a Disability” is anyone with a physical or mental impairment that substantially limits one or more of his or her major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, and learning. The definition covers not only people with visible disabilities, but also a range of hidden disabilities such as learning disabilities and psychological disabilities, as well as chronic health problems.

A person is “disabled” if he or she meets at least one ofthe following tests:
1) He or she has a disability;
2) He or she has a record of such an impairment;
3) He or she is regarded as having such an impairment.

Possible Types of Disabilities
(If Substantially Limiting)

• Blindness and visual impairment
• Deafness and difficulty hearing (ranging from slight hearing loss to total deafness)
• Mobility impairments (a broad term indicating partial or complete loss of the function of a bodily part)
• Learning disabilities
• Attention Deficit/Hyperactivity Disorder (AD/HD; formerly known as ADD/ADHD)
• Certain medical conditions or chronic health conditions (including seizure disorders, acquired brain injuries, diabetes, HIV/AIDS, cerebral palsy, and muscular dystrophy)
• Psychiatric disorders (diagnoses may include depression, manic depression [bipolar disorder], schizophrenia, post-traumatic stress disorder, multiple personality disorder and borderline personality disorder)

Is My Condition a Disability?

If you think you may have a disability that would require accommodation from your college or university, ask yourself the following questions:

• Are there documents on file at my school that show I have a disability?
• Do I now receive accommodations for tests that I take in school (reading help, a different version of the test, extra time, etc.)?
• Do I have a condition that substantially limits my ability to learn or to otherwise participate in any aspect of the college’s programs or activities?

Accommodations

Students with disabilities are expected to meet the same academic standards as other students at their college or university. To accomplish this, accommodations may be needed which make the method of instruction accessible to the student. Colleges have responsibility to provide reasonable accommodations requested by students with documented disabilities as defined in the law. Accommodations can include making campus events and housing accessible, in addition to academic accommodations.

Accommodations for students with disabilities can vary as widely as the students themselves. Examples may include allowing extra time to complete a test, special seating arrangements, large print material, priority registration, tape recording of lectures, use of sign language interpreters, note taking services, flexible attendance requirements, auxiliary aids or equipment, or any number of other modifications which allow students with disabilities to work up to their potential.

Students with disabilities do not have to disclose a disability before or after admission unless they are seeking accommodations. To receive accommodations while attending a specific college or university, the student must adhere to the procedures of that particular school.

Procedures For Requesting Accommodations At Southeastern Community College

In compliance with the Americans with disabilities Act (section 504 of the Rehabilitation Act of 1973), as students disclose disabilities the following must be done in order for Southeastern Community College to provided reasonable accommodations:

1. The student provides proof of the disability from a physician, psychologist or other appropriate expert stating the nature of the disability and recommendations for needed accommodations. The documentation must be within three years of current enrollment term at SCC (the high school IEP will not substitute). Exceptions are considered when the disability is of an unchanging nature. It is recommended that the student complete this step with the ADA counselor at least thirty days prior to the scheduled date of enrollment. (see page 49 of SCC catalog 2003-2005)
2. The student provides a list of desired accommodations that he/she thinks will be needed to be successful in the classroom or clinical site.
3. The counselor documents the accommodations that the college will provide as determined from the appropriate documentation and the student/counselor interview.
4. All of the above information is collected by the counselor and placed in the student’s permanent record with a copy of the mutually agreed upon accommodations delivered to the Vice President of Student Development Services.
5. The student and/or the counselor review the accommodations with each instructor prior to or at the beginning of each semester.

For more information, contact Angie Uhl-Kalev at 910-642-7141 ext. 263 or e-mail auhlkalev@sccnc.edu.