Disability & Education: Policies You Should Know
If you're working higher ed, want to work in higher ed, teaching in higher ed, or just starting your career in disability services at an institution, here is a simplified version of some helpful policies to get familiar with or brush up on.
High School vs. College
Parents seem to need the most explanation when it comes to right of confidentiality once their student gets to campus. They want to know everything their child is doing - and rightly so. But there are policies we as administrators must abide by. Parents are use to navigating Section 504 of the Rehabilitation Act of 1973, or the IDEA (Individuals with Disabilities Education Act). These guidelines help families navigate the education system in primary and secondary school (in most cases, depending on the program). When the student enters an institution of higher education (college/university) their rights are now covered under the ADA (Americans with Disabilities Act). Which essentially means, they are an adult now. Combined with FERPA (Family Educational Rights and Privacy Act) and HIPAA (Health Insurance Portability and Accountability Act, 1996) means we cannot share with parents any information relating to grades, location, medical support, accommodations etc., with regards to your student.
"I write the checks for the tuition! I should be able to know everything about my kid."
Yes, you do write the check. Thank you. And yes, you do deserve to know everything that your child is doing with your hard earned money. But we still can't tell you. However, depending on the institution, your student can sign a waiver/release of information that grants you the access to the information. As service providers, we cannot loop you in with every conversation that takes place. There is a whole other area of regulations for PCA's (personal care attendant), and being privy to that level of information varies by institution.
Physical Disabilities vs. "Invisible Disabilities"
In 2008, the ADAAA (Americans with Disabilities Act, Amendment Act) changed the definition of disability. Not only did it have an impact on education, but the workforce as well under the EEOC (Equal Employment Opportunity Commission). In simple terms, disabilities are not only recognized as something that is perceived as obvious, but also protects invisible disabilities such as learning disabilities (ADD, ADHD, dyslexia etc.,), mental health illness (depression, anxiety, bipolar disorder, schizophrenia etc.,) and chronic health conditions (Crohn's disease, lupus, diabetes etc.,). What does this mean in college? It means students can receive academic accommodations if they are working with learning disabilities, mental health illness or if they are working with a chronic health condition.
Living on Campus
The FHA (Fair Housing Act) 1968 prohibits the discrimination of race, color, religion, sex, familial status or national origin when selling or renting a dwelling to any person. In 1988, it was amended to include those with working with disabilities. Most resident halls fall under jurisdiction of this law. Meaning, there are a few things that pertain to working in higher education. For example, most students will need to contact their resident life office and/or their disability services office to work with them to secure reasonable accommodation. One of the most popular requests are a Single room. As you know, Single rooms are scarce on most college campuses. While administrators do their very best to see to each request, there are limitations based on a variety of issues. Compliance is a main concern for institution, but they are only required to supply a reasonable accommodation - not a preference. As administrators, we are diligently trained and certified to give our best assessment of every situation and make a decision that is both compliant and satisfies the accommodation based on the request.
Also under the FHA comes the difference between support animals and service animals. Colleges across the board are noticing an increase of animals on-campus. As a rule of thumb, students should not be bringing support animals to class (this is not under the FHA). And students should not be bringing a support animal into the resident halls without speaking to their disability services provider. I have another post explaining the difference between support and service animals. This was an interesting editorial piece I read in the New Yorker.
Next, understand when there is a self-harm incident from a student who may or may not be working with a mental health illness, university policy in most cases will takes precedent. In most Student Handbooks there is a clause stating liability of perceived harm or threat to self or others (usually with documented records of incident) and it is grounds for a committee hearing, leave of absence, moving off campus or even expulsion.
Ok, we covered just a couple of areas of policy crossover when it comes to disabilities. These were simplified explanations to provide subtext to the larger picture that is disability services in higher education. I will be doing another installment of more policies that are affiliated with disability services. If you are in academic services, the best thing you could do is become well versed in all things policies.
*Disclaimer: I am not a lawyer nor am I providing legal advice - as I am not qualified to do so. This content is structured as an op/ed piece for purely informational purposes to bring forth a discussion among educators.