Academic Success Center Policies

Two major pieces of legislation prohibit discrimination against persons with disabilities. The Rehabilitation Act states:

"...no otherwise qualified individual with a disability in the United States...shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program ore activity receiving Federal financial assistance" (Section 504 of the Rehabilitation Act of 1973). The ADA states, "Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity."

Title II of the Americans with Disabilities Act, 1990

The Family Education Rights and Privacy Act of 1974, as amended, is a federal law which states (a) that a written institutional policy must be established and (b) that a statement of adopted procedures covering the privacy rights of students must be made available. Menlo College shall maintain the confidentiality of student education records in accordance with the provisions of the ACT and shall accord all the rights under the Act to students who are declared independent and who are or have been in attendance at Menlo College. This law is commonly referred to as the FERPA, and the Menlo College form (FERPA) for student signature is available here.

High School vs. College

It is important to understand that colleges do not have the same accommodations policies as high schools. Please read the following information carefully.

In high school the school has responsibilities that include the following:

• Identify students with disabilities
• Provide assessment of learning disabilities
• Classify disabilities according to specified diagnostic categories
• Involve parents or guardians in placement decisions
• Provide certain non-academic services
• Place students in programs where they can benefit (in any way) subject to placement committee and parent participation and approval
• Structure a large part of the student's weekly schedule
• Modify educational programs
• Prepare Individualized Education Plans (IEP's)
• Provide a free and appropriate education
• Provide appropriate services by the school nurse or health service

In contrast to the responsibilities of high schools, at the post secondary level, responsibilities change in many ways. It is the student's responsibility to:

• Self identify or disclose their disability
• Provide verifying documentation
• Obtain assessment and test results and provide them to the College
• Act as independent adults
• Arrange their own weekly schedules
• Contact their instructors regarding assistance
• Arrange for and obtain their own personal tutoring

It is the post secondary school's responsibility to:

• Protect a student's right to privacy and confidentiality
• Provide access to programs and services which are accessible to persons with disabilities
• Inform students of office locations and procedures for requesting accommodations
• Accept and evaluate verifying documentation
• Determine that a mental or physical impairment causes a substantial limitation of a major life activity (see definition of disability) based on student-provided verifying documents
• Determine whether students are otherwise qualified for participation in the program or service, with or without accommodations; and if so, whether a reasonable accommodation is possible
• Make reasonable accommodations for students who meet the above qualifying criteria
• Provide reasonable access to program and service choices
• Make reasonable adjustments in instructional programs and teaching methods which do not alter the essential content of a course or program
• Assure that off-campus and contracted program facilities also comply with Section 504 (Subpart E and ADA) Inform students of their rights and responsibilities (Other differences may exist for post-secondary institutions, which provide housing programs, health services, psychological counseling services, and extensive international programs.)

Post secondary institutions are not required to:

• Reduce or adjust the essential requirements of a course of program
• Conduct testing and assessment of learning disabilities
• Provide personal attendants
• Provide personal or private tutors (but tutoring services normally available to person without disabilities must be accessible to persons with disabilities who are otherwise qualified for those services)
• Prepare "Individual Education Plans" (IEP's)

Remember

Privacy

Students in colleges and universities are considered adults, with privacy and confidentiality protections. College staff cannot talk with parents and guardians about a student's academic activities as was typical in K-12. Any student over 18 years old, may sign the "FERPA" or Family Educational Rights and Privacy Act, if they so choose, granting permission to parents or named others to have such discussions with College staff.

Special education service eligibility in high schools is diagnosis-driven.

That is, the student must be diagnosed as having one of eleven specified conditions. Eligibility for reasonable accommodations in post-secondary institutions is driven by severity of impact on a major life activity (i.e., a mental or physical impairment which significantly limits a major life activity).

College students must structure and plan their own study time.

Colleges do not set up study periods or provide for time to do homework in most classes.

Professors and classes may differ.

Attendance requirements, scheduling, assignment due dates, and exams are not constant among courses and instructors. The student must study each professor's syllabus for each class.

Students with disabilities must register with the Academic Success Center (ASC) if they want to request accommodations and must provide verifying documentation such as psycho-educational test results, medical documents and doctor's statements. The documentation must verify the disability, describe the extent of the impairment and provide information, which verifies the need for specific accommodation.