Hello again for DAY TWO of our focus on transition!
 
As we move through the day, I¹ll be addressing more of your questions and
comments from yesterday (there was some lovely, lively discussion last
evening!). But I thought I¹d lay some groundwork first, having promised to
focus on students¹ legal rights and responsibilities, how teachers can help
students participate in the transition planning process, and what adult
educators might expect students to know if they have been on an IEP in high
school. Later we¹ll also talk a bit about what adult educators can do to
help those who have not been diagnosed and served under IDEA with
transition-related skills.
 
It¹s very important that teens in transition and their families understand
that IDEA does not apply to higher education. Colleges do not offer ³special
education²; they are not required to design special programs for students
with disabilities and are not legally mandated to provide individual aides
or tutors. Colleges instead provide ³disability services.² Under Section 504
of the Vocational Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990, discrimination based on disability is prohibited.
³Otherwise qualified² students with disabilities (students who have
equivalent qualifications to non-disabled applicants) must have equal
access--through the provision of ³reasonable accommodations² or auxiliary
aids--to the full range of educational programs and activities offered to
all students on campus.
 
Disability laws ensure access, but students must still meet the university¹s
standards for admissions, course content, and graduation; these standards do
not have to be altered for students with disabilities. The major thing
students need to know is that they are only protected if they self-identify
and provide documentation of their disability. For students who choose not
to self-identify and struggle academically, there is no retroactive
protection - they could well find themselves in major academic danger.
All of this is paralleled in the work world. The same laws apply. The ADA
protects against discrimination based on disability in all aspects of
employment, including recruitment, application, hiring, promotion, transfer,
layoff, termination, and leaves. It requires employers with fifteen or more
employees to provide qualified individuals with disabilities an equal
opportunity to benefit from the full range of employment-related options
available to others. People with LD do qualify under the ADA, since their
disability substantially limits one or more major life activities, in this
case work. Section 504 states that "no qualified individual with a
disability in the United States shall be excluded from, denied the benefits
of, or be subjected to discrimination under" any program or activity that
receives Federal financial assistance. Qualified individuals with
disabilities must be able to meet the normal and essential eligibility
requirements of the position for which they are hired and, with reasonable
accommodations, perform the ³essential functions² of the job.
Again the clincher is that the person must disclose and provide
documentation that accommodations are needed. The systems that have nurtured
and protected him or her under IDEA no longer apply, and the people who have
been available to meet disability-related needs will no longer be available.
It is a harsh reality; youth with LD must understand that when they enter
the adult world, they will be left to their own devices to contend with this
invisible disability.
 
They may well be eligible for adult services, such as vocational
rehabilitation but, again, they need to reach out for what they need, and
eligibility must be determined by each adult service agency.
             
So, to the question posed by Patrick Mulvihill re: the skills needed for
transitioning from a ³world of entitlement² to a ³world of eligibility², I
come back to the need for self-advocacy!  Students must understand and
accept their LD, must be familiar with their rights and responsibilities
under Section 504 and the ADA, and must be able to both disclose and ask for
what they need in terms of accommodations and modifications.
 
In my next post, I¹ll talk a bit more about how teachers can go about
preparing students for this major shift from entitlement.
 
In the meantime, what are you folks doing to help your students in this
regard? We¹d love to hear what has worked and what hasn¹t as you¹ve worked
with students in this area!

Best to you all-
Arlyn Roffman