Though students will no longer have the same plans that were established through their IEP or 504 Plan when they go to university, they can still pursue and be protected by the law on the basis of their disability status.
The Americans with Disabilities Act, housed within the federal government, steps up where the IEP and 504 Plan drop off.
According to the Americans with Disabilities Act, “one must have a disability or have a relationship or association with an individual with a disability” to be protected.
According to the ADA, a person with a disability:
“has a physical or mental impairment that substantially limits one or more major life activities,
a person who has a history or record of such an impairment,
or a person who is perceived by others as having such an impairment.”
Note: The ADA does not specifically name all of the impairments that are covered.
But the ADA does define the “substantial limits” to “major life activities” as: “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.”
This means that students with a range of disabilities can find accommodations in college, including neurodivergent students, students with autism, ADHD, and potentially even depression and anxiety (depending on the severity) can secure accommodations to help them succeed.
Similar to accommodations that may have been discussed during the 504 vs. IEP process, university-level accommodations might include:
Extra time for tests and exams
Private space for tests and exams to limit distractions
Assistance with notetaking
Permission to record professor lectures or seminars
Extra time and/or flexible deadlines for assignments and projects
Class times that meet the productivity needs of the student
Housing accommodations for students with physical disabilities might include private bathrooms, ground-level housing, extra space, and priority in housing selection
In addition, technology that assists your student in their learning process may be permitted on campus even in spaces where that technology might be otherwise prohibited.
Students with disabilities will also learn the important skill of advocating for themselves in an adult context, but in the controlled space of a college campus. Regular conversations with professors, administrators, housing staff, and other campus employees will help the student to reach their goals uninhibited by their disability.
By: NESCA Notes 2024
By: Kristen Simon, M.Ed, Ed.S
Transition Specialist; Psychoeducational Counselor
There can be a lot of confusion for students who have received special education services or accommodations in high school about what stays the same and what changes in college. Some high school families and staff know that if a student has received IEP services throughout school, the IEP does not travel with them to college. This is because an IEP is a document that is developed in accordance with IDEA, a special education law that affords protections to students with disabilities up until they graduate or age out of their local high school. When a student transitions to work or a college or university, this law is no longer relevant and the IEP essentially “expires.”
There is often greater confusion for families around whether colleges are required to follow 504 plans (i.e., accommodation plans) developed in high school. While it’s true that students with disabilities are protected by Section 504 of the Rehabilitation Act, it’s important to understand that high school 504 plans also effectively “expire” once a child graduates. Students can still receive accommodations under Section 504, but they are unlikely to hear the term “504” or to have any written “plan” related to their disability or those accommodations. There are some important differences between Section 504 mandates under subpart E (which covers postsecondary institutions) and those that fall under subpart D (which covers secondary schools). The key differences are described below:
Eligibility: Colleges and universities will have their own process for eligibility, and students have to be determined eligible by their university – even if they had been deemed eligible for accommodations in high school. Students will usually need documentation from a doctor or a psychologist that demonstrates the presence of a disability as well as how that disability substantially limits learning.
Available Accommodations: Colleges don’t have any obligation to provide the same services and accommodations that students may have received in high school, and not all of the accommodations provided by high schools are available at the college level. Moreover, different accommodations may be available at different colleges because the law mandates that the college provides accommodations which are “reasonable” and effective, not the best or most expensive.
Shift in Delivery: Professors will not automatically provide an accommodation as was the case in high school. Students have to seek out accommodations and can register for them after they are officially enrolled. At the college or university level, the expectation is that the young adult knows what support is available to them and that they self-advocate for the accommodations they need. Also, even if a student qualifies for an accommodation, they have to make the choice to actively use that accommodation – if they don’t advocate, they won’t get it.
Students should also know that while accommodations help, they can only go so far (e.g., if you don’t understand the content, having extra time on the exam won’t help). Students should be sure to connect with disability services to hear about tutoring options, academic coaching, writing centers, counseling supports, and anything else that is offered.
Resources:
U.S. Department of Education: Students with Disabilities Preparing for Postsecondary Education
Elizabeth Cohen Hamblet Learning Disabilities Consultant website: College Disability Accommodations Information – Elizabeth C. Hamblet (ldadvisory.com)
Some links you might find helpful...
Q: “504 Plan vs. IEP: What’s the Gateway to College Accommodations?”
Colleges can provide ‘504-like’ accommodations, but the burden of ensuring that any accommodations are provided shifts to your child.
Nassim: My advice to parents whose teens with disabilities aren't going to college
Just because it may not be in the cards for your son or daughter to seek a college degree doesn’t mean his life cannot or will not have meaning and purpose. Keep encouraging your kids.
SAT, ACT Testing Accommodations: What to Know
Both standardized tests provide various accommodations, but they must be requested in advance.
What Can We Do to Prepare for College
Many students and parents think about college. Is college a possibility? How can we best prepare? Where do we look? What do we ask for? All good questions. Many students on the autism spectrum do well academically, and graduate high school with grades that make them candidates for college.
Overview of College Resources for Students with Disabilities
"This guide explains your legal rights as a student with disabilities, both physical and learning disabilities, and the campus resources that can provide you with assistive services and tools."
National Center for College Students with Disabilities (NCCSD)
"The only federally-funded national center in the U.S. for college and graduate students with any type of disability, chronic health condition, or mental or emotional illness."
College Admission Requirements and Tips for Students with Disabilities
"As a disabled student, you have the right to request and expect accommodations, including auxiliary aids and services that will enable you to participate in and benefit from all programs and activities offered by or related to a school."
Campus Disability Resource Database
Here you can find disability-related information from degree-granting colleges and universities across the United States.
A Financial Aid Checklist for Students with Disabilities
There are many options available to current and future students with disabilities and their families. Here’s a list to help you make sure you’re taking full advantage of them.