Differences in Rights at Postsecondary Education
As a student with a disability transitioning from high
school to postsecondary education, your rights will change. Unlike high school, postsecondary schools
are not required to provide a free appropriate public education (FAPE). Instead, they must provide
appropriate academic adjustments to ensure they do not discriminate based on disability.
Admission Rights
A postsecondary school may not deny your admission simply
because you have a disability if you meet the essential requirements for admission.
Disclosing Your Disability
You are not required to inform a postsecondary school about
your disability. However, if you want the school to provide academic adjustments, you must identify
yourself as having a disability. Your disclosure of a disability is always voluntary.
Academic Adjustments
Academic adjustments are determined based on your
disability and individual needs. These may include:
- Priority registration
- Reduced course load
- Course substitutions
- Notetakers, recording devices, sign language interpreters
- Extended testing time
- Adaptive software or hardware for computers
Postsecondary schools are not required to lower or
substantially modify essential requirements, make changes that would fundamentally alter the nature of a
service, or provide personal attendants, individually prescribed devices, readers for personal use, or
tutoring services.
Requesting Academic Adjustments
You must inform the school that you have a disability and
need academic adjustments. Unlike high school, postsecondary schools are not required to identify you as
having a disability or assess your needs. Follow the school's procedures for requesting accommodations
as early as possible.
Documentation Requirements
Schools may require documentation showing your current
disability and need for academic adjustments. This may include:
- Diagnosis of your current disability
- Date of diagnosis
- How the diagnosis was reached
- Credentials of the diagnosing professional
- How your disability affects a major life activity
- How the disability affects your academic performance
An IEP or Section 504 plan from high school is generally
not sufficient documentation.
Evaluations
Neither your high school nor postsecondary school is
required to conduct or pay for a new evaluation to document your disability. If you need a new
evaluation, you may need to pay for it yourself or seek funding through your state vocational
rehabilitation agency.
Implementing Academic Adjustments
After receiving your documentation, the school will review
your request to determine appropriate academic adjustments. You should expect an interactive process,
but unlike high school, your parents typically will not be involved in this process.
Issues with Academic Adjustments
If the adjustments are not working, notify the school
immediately. You and the school should work together to resolve any issues.
Cost of Academic Adjustments
Postsecondary schools cannot charge you for providing
academic adjustments or charge students with disabilities more than students without disabilities for
participating in programs or activities.
Addressing Discrimination Concerns
If you believe you are being discriminated against, contact
the school's ADA or Section 504 Coordinator. Schools must have grievance procedures for prompt and
equitable resolution of complaints. If you are dissatisfied with the outcome, you may file a complaint
with the Office for Civil Rights (OCR) or in court.
Additional Resources
For more information about the responsibilities of
postsecondary schools to students with disabilities, contact:
Customer Service Team
Office for Civil Rights
U.S. Department of Education
Washington, D.C. 20202-1100
Phone: (800) 421-3481
TDD: (877) 521-2172
Email: ocr@ed.gov
Website: OCR Website