EDUCATIONAL RIGHTS OF COLLEGE STUDENTS WITH DISABILITIES.
In today's globalized, knowledge based, and technology controlled economy, the need to earn a college degree has become essential. For example, in the 1960s only 20% of workers needed some college education before joining the workforce but now that number has increased to approximately 60 percent. A college education has become a prerequisite for obtaining fulfilling employment. Not only does having a college education increase job opportunities and earning capacity, it affects several other aspects of life. For example, research shows that a college education gives individuals an identity; it gives them a profession; it gives them a purpose. College graduates are less likely to be involved with crime, more likely to be home owners, are more likely to have a long life, more financially astute, and are better citizens. The cumulative benefits of college educated citizenry are significantly greater to the society than to the individual (Eide & Showalter, 2011; Lochner, 2011; Trostel 2010). Despite all the benefits of a college education, surprisingly, there are no laws in the USA that mandate college education. Of course, a college education is very expensive and most students have to take out loans to finance their higher education (National Center for Education Statistics, 2016).For high school students with disabilities, the scenario is slightly different. There is legislation in place such as Individuals with Disabilities Education Improvement Act (IDEIA, 2004), originally passed in 1975 that mandates that high school counselors and teachers help these young people in planning for postsecondary education and other post-school outcomes. Consequently, unprecedented numbers of students with disabilities are attending college.
Although the attendance rates for students with disabilities in 4-year colleges are 31%, still less than half of their peers in general population, their presence in colleges and universities necessitates that instructional faculty of institutions of higher education be prepared to work with them. It is noteworthy that attendance rate of youths with disabilities in 2-year community colleges is not significantly different from that of their peers in the general population. The attendance rate for students with disabilities is 10% and 12 % for students without disabilities (National Center for Education Statistics, 2010; Wagner, Newman, Cameto, Garza, & Levine, 2005).
This paper aims to address the following questions: (1) What is a disability? (2) How does an institution of higher education know that a student has a disability? (3) What kinds of disabilities college students have? (4) What is an instructor supposed to do if he/she suspects that one of his/her students has a disability? (5) What are the educational rights of college students with disabilities? (6) Does an instructor have any obligation towards college students with disabilities? (7) What is the future of college students with disabilities? The paper also includes four short case studies of college students with disabilities.
What is a Disability?
Disability is a physical or mental impairment that substantially limits one or more of a person's major life activities. Caring for one's self, speaking, breathing, sleeping, standing, walking, reading, writing, concentrating, conceptualizing, memorizing, and working are all examples of major life activities. Disability can be a result of trauma, accident, disease, or congenital condition. A disability does not have to be obvious. The conditions such as learning disabilities, psychological illnesses, asthma, cancer, diabetes, epilepsy, fibromyalgia, or infection with HIV may qualify as disabilities under the law. Non-chronic conditions of short duration, such as an injured limb, fractured limb, or the flu are not considered disabilities. The person with a disability is unable to perform like his/her peers who do not have a disability (Americans with Disabilities Act, 1990; Rehabilitation Act of 1973).
How Do Colleges Know that a Student Has a Disability?
In high schools, the federal legislation, Individuals with Disabilities Act (IDEA) mandates that students with disabilities receive Free Appropriate Public Education (FAPE) and an Individualized Education Program (IEP) in the Least Restrictive Environment (LRE). In schools, individualized and specialized instruction as well as related services is a right of every student with a disability. Moreover, the schools are required to locate and identify students with disabilities through multi-disciplinary team evaluation. Finding children with disabilities and identifying them is a part of their responsibility (IDEA, 2004). This circumstance changes when students with disabilities arrive in college. The IDEA does not apply to higher education. The institutions of higher education do not offer special education.
The laws that protect students with disabilities in higher education settings are Americans with Disabilities Act (ADA) of 1990, American with Disabilities Act Amendments Act (ADAAA) 2008, and Section 504 of Rehabilitation Act of 1973, To be protected by Section 504, a student must be a qualified individual with a disability and that means the student should be able to complete the chosen program of study with or without any accommodations. This is different from secondary school where students are presumed to be qualified to be educated (Rehabilitation Act, 1973).
The institutions of higher education are not required to provide any services for the identification of disability. The institutions of higher learning would not know that a student has a disability because they are not allowed to ask that question during the admission process. It is entirely up to a student to self-identify and disclose his/her disability. The decision is completely voluntary. The student would disclose his/her disability by approaching the Office of Disability Services (ODS) at the institution of higher learning. If a student desired to receive any special services and accommodations, the student will document the disability. The documentation can be from a treating physician and/or reports of psychological evaluation conducted in high school. The documentation of disability can at times be a challenge and some parents are unaware that IDEA does not apply in postsecondary settings. (Shaw, Keenan, Madus, & Bannerjee, 2010). The Association on Higher Education and Disability (AHEAD) does offer documentation guidelines that Offices of Disability Services (ODS) refer to sometimes. To sum up, a college would not know that a student has a disability unless the student chose to disclose it to them.
What Types of Disabilities do College Students have?
The Individuals with Disabilities Education Improvement Act recognizes 13 categories of disability (IDEA, 2004). In the school system a child is considered disabled only of he/she requires special education and special services. The American with Disabilities Amendment Act and Section 504 of Rehabilitation Act that apply to institutions of higher education define disability in very broad terms. According to these federal laws, any condition that substantially limits a life activity is a disability (ADAAA, 2008; Rehabilitation Act of 1973).
So the disabilities, professors can have in their classes can be learning disabilities, Asperger's syndrome, psychiatric conditions, speech and language disorders, attention deficit and hyperactivity disorder, traumatic brain injury, orthopedic impairments such as spinal cord injuries, spina bifida, and cerebral palsy; hearing impairments, visual impairments; other health impairments such as asthma, diabetes, epilepsy, fibromyalgia, cancer, arthritis, cardiac problems and HIV. Some of the disabilities are more visible than others (Gargiulo & Metcalf, 2017).
What percent of college students have disabilities is a difficult question to answer. The available data are conflicting. The National Center for Education Statistics (2013) reports that 11% of the students in institutions of higher learning have a disability. While the number of students with learning disability (LD) has grown dramatically over the years, students with disabilities of diverse nature are also arriving on campuses. The number of students with psychiatric disabilities has basically multiplied during the past decade. According to some sources, these students represent the largest group of students with disabilities in colleges and universities. Some of these students have mild psychiatric issues and require minimum support such as permission to keep therapy/emotional support animal in their dorms and take the animal to classrooms. Whereas, those with severe psychiatric issues require services that exceed the services of the campus counseling center. The number of students with Autism Spectrum Disorders (ASD) including Asperger's syndrome is also increasing (U.S. Government Accountability Office, 2009)
Research done by Newman, Wagner, Cameto, & Knokey, (2009) on college students with disabilities indicate that in 4 years after high school, 78% of youth with visual impairments and 72% of those with hearing impairments attend a postsecondary program. As far as other disabilities are concerned 58% with autism, 55% with speech language, 58% with orthopedic impairments, 34% with emotional disturbance, 52% with traumatic brain injury, 55% with other health impairments, 47% with learning disabilities, and 27% with participate in postsecondary education.
In another study, Singh & Starr (2009) reported that amongst college students with disabilities, learning disabilities are represented by 47%, Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder by 33%, Psychiatric conditions by 9%, other health impairments by 9%, and Hearing impairments by 2 percent. Clearly, participation of students with disabilities in higher education varies by disability category.
According to the National Postsecondary Student Aid Survey (NPSAS) of 2000 that includes self- reported data, the students reporting disabilities represented 9.3% of all undergraduates, or 1.53 million students. Among students reporting disability, those with orthopedic impairments represented the largest category-29.4%, followed by those with mental illness -17.1%, health impairments -15.1% other conditions that included ADD 13.2% and learning disabilities 5%. It is noteworthy that 9% of students with orthopedic impairments, 17% of students with blindness or vision impairments, 37% of students with hearing impairments, and 63% of students with ADD also reported having learning disabilities, (Heath Resource Center, 2000).
What is an Instructor Supposed to do if they Suspect a Student has a Disability?
If an instructor's observations of a student's academic and/or social in-class or out of class behavior leads him/her to suspect that a given student has a disability, the instructor should discuss their concerns with the institution's Office of Disabilities Services (ODS). The instructor does not have the right to suggest to the student that they have a disability. Nor does the instructor have a right to pressure a student to disclose his/her disability. Additionally sometimes, students find out they have a disability such as a learning disability (LD) only after they reach college. Because academic and cognitive demands increase and the disability now becomes more apparent. Here is a case of Mina, an education major. She finds out after enrolling in special education class at a university that she has learning disability (LD).
What are the Educational Rights of College Students with Disabilities?
College students have a right to not be discriminated on the basis of their disability. They cannot be denied admission because of their disability. They cannot be excluded from any course of study or any part of a program of study or activity because of their disability. They have a right to equal access to academic and extracurricular programs as well as facilities just like their non-disabled peers. Institutions must provide reasonable modifications, accommodations, or auxiliary aids which will enable qualified students to have access to, participate in, and benefit from the full range of the educational programs and activities which are offered to all students on campus. Colleges and universities are not required to provide devices such as wheelchairs, hearing aids, and personal attendants. Unlike elementary and secondary schools, postsecondary institutions are not required to design special academic programs for students with disabilities (Americans with Disabilities Act, 1990; Rehabilitation Act of 1973).
In practice, after, a student has documented his/her disability to the institution's Office of Disability Services (ODS), all attempts are made to level the playing field. The accommodations and need for special services are determined on case-by-case basis by the Office of Disability Services (ODS). However, no accommodation can be made if it would change the fundamental nature of the program or the activity or would cause an undue financial burden on the institution (Rehabilitation Act, 1973). Some of the more common accommodations that are made for college students with disabilities are: note taking, extended time for assignments, extended time for testing, testing in a quiet setting, fewer items on each page, tape recorded response, preferential seating, priority registration, use of assistive technology such as speech-to-text programs, and course substitutions. Here are cases of three students with disabilities; the case of Jay, Mike, and Ricky. The three of them have a disability and their respective campus is meeting their needs and accommodating them adequately.
As evident from the above cases, the creation of equal educational opportunities in institutions of higher education is a collaborative endeavor between the student, the Office for Disability Services (ODS) and a given instructor. All stakeholders must collaborate.
It must be noted that colleges and universities are investing additional efforts for the inclusion of students with intellectual disability (ID) because the Higher Education Opportunity Act of 2008 provides special supports for students with intellectual disability (ID). It offers funding for the development and enhancement of programs for this population. It also has several provisions that address financial aid and create a new model demonstration program for students with intellectual disability (ID). This legislation is likely to result in improved access to higher education by students with intellectual disability (Mad-us, 20111). Think College, a national organization dedicated to developing and expanding inclusive higher education options for people with intellectual disability (ID) will change the lives of individuals with intellectual disabilities (Miller, DiSandro, Harrington, & Johnson 2016).
Does an Instructor have an Obligation towards Students with disabilities?
Yes. Sometimes, students with disabilities arrive at college without knowing their responsibility to disclose their disability if they wish to have accommodations and special services. For this reason, primarily, instructors are expected to include in their syllabus a statement informing the students with disabilities that it is their responsibility to self-identify themselves to the Office of Disability Services (ODS). It is the students who are expected to describe to the ODS how their disability affects a major life activity, and how the disability affects their academic performance. If they need accommodation, the instructor would not be able to address their special needs unless they receive a letter from the Office of Disability Services (ODS). The inclusion of this statement in the course syllabus also implies that the instructor is willing to provide them needed supports in their classroom. The ADA and Rehabilitation Act of 1973 prohibit discrimination based on disability.
Further, if a student discloses their disability to the instructor, that sensitive information needs to be treated with great confidentiality. The instructor must respect students' privacy (National Center for College Students with Disabilities, 2017). The instructor is the individual who implements academic accommodations that are likely to adjust for the effects that a disability might have on the student's acquisition of course content and demonstration of knowledge and skill.
What is the Future of College Students with Disabilities?
It is a legitimate concern to ask, do college students with disabilities graduate from college? Do they get jobs? Do they live independently in the post-graduation period? For students with disabilities, overcoming the hurdles of post-secondary education and graduating from college/university can be a major accomplishment and a giant step towards independence. College education correlates with increased earning caliber for youth who continue their education after high school, and even for those who do not earn a degree (Marcotte, Bailey, Borkoski, & Kienzel, 2005). Data on graduation rates of college students with disabilities indicate that 29% of students with disabilities graduate from their programs (Newman, Wagner, Cameto, & Knokey, 2009). It is important to note that the graduation rate for their non-disabled peers at 4 -year institutions is approximately 57% within 6 years from the time they began their studies (National Center for Education Statistics, 2010).
In a study that included a sample of 200 randomly selected college students with disabilities who had graduated from a northeastern University, conducted by Singh & Starr (2009), findings indicated that 50% of the graduates had full time employment. 35% were unemployed, and 15% had part time jobs. According to U. S. Department of Labor (2018), an estimated 21% of non-institutionalized, adults with a disability and 69% of non-disabled adults are employed in the United States. The existing data on the employment of individuals with disabilities is conflicting. There are numerous anecdotal accounts of a lack of equal employment opportunities for college educated individuals with disabilities.
In summary, this paper has discussed the importance college education has in today's diverse and much globalized society. It has shed light on the educational rights of college students with disabilities. These rights have been primarily granted to them by Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990. The case studies of four college students with disabilities, Mina, Jay, Mike, and Ricky who are enrolled in different colleges/universities across the country have also been reviewed. These studies allude to the fact that students with diverse disabilities are arriving on college campuses. The colleges and universities are trying to address the specific needs of their disability.
In conclusion, individuals with disabilities are human capital and a precious societal resource. To deploy this resource in the service of our society is a beneficial and very wise step. Disability is a much more common experience than we would like to believe. In America, there are approximately 53 million adults who live with a disability. People with disabilities represent approximately 12% of the US population (Center for Disease Control and Prevention, 2015). Let us include them in our institutions of higher education, in our work places, and all other walks of life.
References
Americans with Disabil ities Amendments Act (ADAAA), 2008. Public Law 110-325,29 U.S.C. [section] 705 et seq.
Americans with Disabilities Act of 1990, 42 U.S.C. [section]1201 et seq.
Association on Higher Education and Disability (n.d.). AHEAD best practices: Disability documentation in high education. Retrieved from http://www.ahead. org/resources/best practices/best-practices-resources
Center for Disease Control and Prevention (2015). CDC: 53 million adults in the US live with a disability. Retrieved from https://www.cdc.gov/media/releas-es/2015/p0730-us-disability.html
Eide, E. R., & Showalter, M. H. (2011). Estimating the relation between health and education: What do we know and what do we need to know? Economics of Education Review, 30(5), 778-791.
Gargiulo, R. M., & Metcalf, D. (2017). Teaching in today's inclusive classrooms: A Universal Design for learning approach. Boston, MA: Cengage Publishing.
HEATH Resource Center (2000). Postsecondary Students with Disabilities: Recent Data from the 2000 National Postsecondary Student Aid Survey. Retrieved from http://www.heath.gwu.edu/files/active/2000_stu-dent_aid_survey.pdf
Henderson, C. (2011). College freshmen with disabilities: A biennial statistical profile. Washington. DC: Heath Resource Center.
Individuals with Disabilities Education Improvement Act of 2004. 20 U.S.C. [section] 614 et seq.
Lochner. L. (2011). Non-production benefits of education: Crime, health, and good citizenship. In E. A. Hanushek, S. Machin, & L. Woessmann (Eds.), Handbook of the economics of education, Amsterdam: Elsevier.
Madus. J. W. (2011). The history of disability services in higher education. New Directions for Higher Education. 154, 5-15.
Marcotte. D., Bailey, T., Borkoski, C., & Kienzel, G. S. (2005). The returns of a community college education: Evidence from the National Longitudinal Survey. Educational Evaluation, and Policy Analysis, 27(2), 157-175.
Miller, K.D., DiSandro, R., Harrington, L., & Johnson, J.S. (2016). Inclusive higher education is reaping benefits for individuals with intellectual disabilities: One program's story. Think College Insight Brief, Issue No. 29. Boston, MA: University of Massachusetts Boston, Institute for Community Inclusion.
National Center for College Students with Disability (2017). Fast facts for faculty. Retrieved from https://ada.osu.edu/resources/fastfacts/Rights_and_Respon-sibilities.htm
National Center for Education Statistics (2016). Digest of education statistics. Retrieved from https://nces.ed.gov/programs/digest/d_16/tables/dt16_330.20.asp?current=yes
National Center for Education Statistics (2013). Fast facts: Students with disabilities. Retrieved from https://nces.ed.gov/fastfacts/display.asp?id=60
National Center for Education Statistics (2010). First Look report: Findings from the integrated postsecondary education data system (IPEDS). Washington, DC: U.S. Department of Education.
Newman. L., Wagner, M., Cameto, R., & Knokey, A. (2009). The post-high school outcomes of youth with disabilities up to 4 years after high school. A report from the National Longitudinal Transition Study-2 (NLTS2). Melno Park, CA: SRI International.
Rehabilitation Act of 1973, Section 504, P. L. 93-112, 29 U.S.C. [section]794 (1977).
Shaw, S. F., Keenan, W. R., Madus, J. W., & Benerjee, M. (2010). Disability documentation, the Americans with Disabilities Act Amendments Act, and the Summary of Performance: How are they linked? Journal of Postsecondary Education and Disability, 22 (3), 142-150.
Singh, D., & Starr, P. (2009). University students with disabilities: A follow-up. Paper presented at the annual meeting of the Teacher Education Division (TED) of the Council for Exceptional Children (CEC), Savannah, GA.
Trostel. P. A. (2010). The fiscal impacts of college attainment. Research in Higher Education, 51(3), 220-247.
U. S. Department of Labor (2018). Disability statistics. Retrieved from https://www.dol.gov/odep/
U. S. Government Accountability Office (2009). Higher education and disability: Educations needs a coordinated approach to improve its assistance to schools in supporting students. Washington, DC: United States Government Accountability Office.
Wagner, M., Newman, L., Cameto, R., Garza, N., & Levine, P. (2005). After high school: A first look at the post-school experiences of youth with disabilities. A report from the National Longitudinal Transition Study-2 (NLTS2). Menlo Park, CA: SRI.
DELAR K. SINGH, PHD
Morehead State University
Table 1 Case of Mina at a University in Pennsylvania Mina is an education major in a public, regional university in Pennsylvania. The university offers undergraduate, select post-baccalaureate, and graduate programs. The university has about 17.000 graduate and undergraduate students. The setting is suburban with area of approximately 409 acres. Mina is in sophomore year. This semester, she is enrolled for 18 credits. One of her education classes is an introductory course in special education. The instructor has been discussing federal legislation and different categories of disability. Mina is active in class discussions and is really engaged. One day, the instructor, Dr. Murphy, discusses the topic of learning disabilities (LD). A good deal of time is spent on characteristics of learners with learning disabilities (LD). The instructor also shows the video, "How Difficult Can This Be? F.A.T City Workshop". At the end of the class, Mina approaches Dr. Murphy. She tells him that after listening to his lecture on learning disabilities, she thinks she has a learning disability (LD). She shares with the instructor that she has been a struggling learner all her life. Her public schools never suspected that she had a disability. She was never referred for special education services and she was never evaluated. However, now she thinks that she has a learning disability (LD). She seeks his advice about what should she do? Dr. Murphy recommends her to go to state office of Vocational Rehabilitation to see if they will evaluate her. Lo, and behold, a few weeks later Mina reports to Dr. Murphy that her evaluation indicates that she has non-verbal learning disability. Subsequently, she approaches the campus Office of Disability Service (ODS), documents her disability and seeks accommodations. Table 2 Case of Jay at a University in Pennsylvania Jay is a freshman student at a public university in Pennsylvania that has about 30, 0000 students and a campus sprawling to hundreds of acres. Jay is a Business major. Jay has a congenital disability known as Myelomeningocele. He is confined to a wheelchair. Before admission to this college, Jay contacted the campus Office for Disability Services (ODS) and documented his disability which was very visible. When Jay registered for fall classes, he finds out that his English lit class and Calculus I are located in classrooms that are inaccessible. He informs the Office of Disability Services about his inability to access two of his classes. The Office of Disability Services manages to get both of his classes relocated to rooms and buildings which are accessible. Jay also finds out that the class buildings are very far from his dorm in Mead Hall. Wheeling to the classroom would require a lot of time and enormous energy. He explains his situation to the Office of Disability Services and they arrange a shuttle with elevator for him that drops him to one class on time, picks him up, and then drops him to another class in another building. At end of the day, shuttle brings him back to his dorm. All in a timely manner. Jay is pleased with the supports he receives from the Office of Disability Services (ODS). Table 3 Case of Mike at a University in Northeast Mike is an education major in a public university in Northeast. The university has approximately 7, 000 undergraduate and graduates students. Academically, the university is organized into three schools; the School of Arts, the School of Education, and the School of Continuing Education. The student/ faculty ratio is 25:1. The education program of this university recently has been accredited by the Council for the Accreditation of Educator Preparation (CAEP). Mike is in his sophomore year and has learning disability (LD) as well as anxiety disorder. He is enrolled for 15 credits in the current semester. During his 3-hour Human Development class, he feels very anxious. To reduce his anxiety, the office of Disability Services has a peer walking companion for Mike. This peer walks him every week to this class in Forbes Hall which is a considerable distance from Mike's dorm in Banner Hall. In addition. Mike takes a banana to his this class. Whenever, he begins to feel anxious in the class, he starts to eat his banana that seems to calm him down. Now the instructor of this Human Development class, Dr. Miner does not allow any food in his classroom during instruction. The permission for Mike to have banana during class was arranged for Mike by the Office of Disability Services. Dr. Miner has not been given any information about the nature of Mike's disability. Conversations with Mike indicate that he is satisfied with the accommodations he receives. Table 4 Case of Ricky at a University in Southeast Ricky is enrolled in a University located in rural part of southeast of America. The university has approximately 11, 000 graduate and undergraduate programs. Ricky is a member of dual licensure program in elementary and special education. Ricky is very intelligent but hearing impaired. He wears hearing aids. To accommodate his needs, the campus Office of Disability Services provides him with Communication Access Real time Translation (CART). It is the instantaneous translation of the spoken language into text and displayed in various forms. English text is produced with less than a two-second delay. For example, a CART writer can sit next to a student in a classroom, listen to the professor and transcribe all that is heard, and the English text is being displayed on the laptop screen so the student can read along. The CART can be onsite or Remote. The Remote CART is also known as Remote Captioining. It allows deaf and hard of hearing people to follow what is being said, as it is being said, without the need for a Speech to Text Reporter (STTR) or electronic note-taker to be in the same room. Ricky receives Remote Captioning. During class, the instructor wears a microphone around his/her neck transmitting not to Ricky's hearing aids but to Ricky's laptop so that remote transcriptionist can hear and type whatever the instructor speaks. The connection is through Skype using links that Office of Disability Services has arranged beforehand. Afterwards, Ricky is left with a transcript that he can use to study. Ricky is pleased with the supports he receives from campus Office of Disability Services (ODS).
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| Author: | Singh, Delar K. |
|---|---|
| Publication: | College Student Journal |
| Date: | Jun 22, 2019 |
| Words: | 4619 |
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