The information that follows describes the legal rights of disabled students at Trinity College and how to obtain accommodations. Information is also provided about appropriate and necessary documentation and useful resources.

Legal Rights of Students with Disabilities

Section 504 of the Vocational Rehabilitation Act of 1973 was the first legislation protecting individuals with disabilities by ensuring access to and non­discrimination in any programs/activities that receive federal assistance. "Section 504" dictates that reasonable accommodations, including academic adjustments, be provided to all persons with disabilities who participate in federally funded programs.

The Americans with Disabilities Act of 1990 (ADA, P.L. 101-336) extends protection to all persons with disabilities. The ADA requires organizations to make reasonable accommodations for individuals who have known physical or mental disabilities and who are "otherwise qualified."

A "disability" is defined as a mental or physical impairment that "substantially limits one or more major life activities." This includes the ability to care for oneself, learn, walk, see, hear, speak, breathe, or maintain social relationships.

The implications for persons who are seeking a college education are as follows:

Admissions

·       No quotas may be placed on the number of disabled students accepted into a program.

·       No tests or other measures may be required for admission that have a disproportionate adverse impact on individuals unless they have been validated as a predictor of academic success in the education program or activity in question.

Treatment

·         Students with disabilities must be afforded equal opportunity to participate in and benefit from all post-secondary education programs, including education programs and activities not operated wholly by the participant.

·         Programs and activities involving disabled students must be provided in the most integrated setting possible.

Academic Adjustments

·         Modifications to academic requirements must be made to ensure that they do not discriminate against disabled students. This does not mean that standards fundamental to a given program must be altered.

·         Rules may not be imposed that limit a disabled student's ability to complete a course of study.

·         Schools must ensure that disabled students are not denied the benefits of, excluded from participation in, or otherwise discriminated against with regard to educational program or activity due to the absence of auxiliary aids. Although auxiliary aids may be available, the College does not necessarily provide other devices or services of a personal nature.

Financial and Employment Assistance

·         Financial aid or work-study employment must be offered in a non­discriminatory manner.

Non-Academic Services

·         Disabled students must have an equal opportunity to participate in all physical education and athletic activities if otherwise qualified to do so.

·         Counseling services including academic, personal, and career, must be provided in a non-discriminatory manner.

·         Counselors may not direct qualified disabled students towards more-restrictive careers than they would qualified non-disabled students with similar interests and abilities.

·         The College must provide accessible, comparable, and convenient housing.

·         Organizations that receive significant assistance from the College must select members in a non-discriminatory manner.

Making the Move from High School to College: Some General Issues

Students may experience significant differences from high school in a college's handling of disabilities. These differences are attributable to governance by different law (colleges are governed by ADA and Section 504 of the Vocational Rehabilitation Act, but not IDEA) as well as expectations that students will assume greater responsibility for their behavior and for asserting their needs. Here are some important points to keep in mind as you make the transition.

·         As students are now legally adults, college personnel will expect to work directly with students rather than with parents. Indeed, laws are such that staff may be precluded from talking with parents unless the student gives written consent for staff to do so.

·         Colleges do not bear the responsibility for identifying disabled students. Instead, students must identify themselves to the Dean of Students Office. (Telling a professor, the Admissions Office, or another campus staff member is not adequate, insofar as these persons do not bear the responsibility to notify the dean’s office about disabled students.)

·         Students bear the responsibility for apprising the college of any difficulties they are experiencing securing accommodations.

·         College personnel are available to consult with and guide students but do not generally provide the level of oversight and monitoring students may have experienced in high school. There are no "progress" or "team meetings," e.g., nor are there any "case management" services: no one pushes students to attend classes or to submit homework. In keeping with the educational mission of the College, Trinity believes that students should develop skills of self-advocacy, be aware of their disabilities, and assist in the process of finding strategies to be successful. 

·         Students may not qualify for the same accommodations in college that they had in high school, even if the student’s situation is otherwise unchanged.

·         College professors are not obligated to alter their instructional practices. For example, they need not add visual aids to accommodate the needs of a learning disabled student.

·         Colleges are not required to make program or curricular modifications, nor are they required to offer alternate assessments or modifications to exams.

·         Colleges are not required to offer services of a personal nature - including study-skills training and academic tutoring.

·         Colleges may and often do require different documentation from what was acceptable in high school, as discussed below in "Documenting Your Disability." Documentation that was acceptable in high school may not be adequate in college.

·         Trinity provides assistance and accommodations for qualified students with documented disabilities as long as they are necessary to provide equal access to College programs and services and the accommodation is reasonable.

·         In order to be reasonable, the accommodation must be based on appropriately documented needs; not compromise the essential requirements of a course or program; not create a nuisance or threat to the safety of others; not impose an undue administrative or financial burden; and be directly related to the pursuit of educational objectives.  Normally, accommodations consist of extra time for examinations, preferred seating arrangements, note-taking assistance, or devices to assist those with visual or hearing impairments.

Obtaining Accommodations at Trinity College

Notifying the College of the presence of a disability and obtaining accommodations is the student's responsibility. Initiating and following through on this process is up to the student.

1)  Forward documentation of your disability to the Dean of Students Office. Please see the subsequent section on "Documenting Your Disability" to avoid problems by ensuring the documentation meets our requirements.

2)  Notify the Dean of Students as soon as possible if you may require special housing or physical access. All requests for special housing or dining arrangements should be submitted to the Director of the Health Center who will process the request. Requests for special housing consideration should be submitted to the Health Center in advance of the housing lottery.  First year students will be asked to indicate on the Roommate Questionnaire if they have medical considerations and to forward that material to the Health Center by July 1st of the year in which they will arrive.  All students will be required to renew their applications for special housing accommodation by April 15th of each year in order to provide the appropriate offices with sufficient time to review the requests and make the appropriate assignments in a timely fashion. Students should know in advance that it is rare for special housing to be granted for any reason other than a significant, documented physical disability and that most dietary needs can be met within the existing meal plan.

3) After your documentation is submitted to the Dean of Students, it will be forwarded to the Counseling Center which will review your documentation and determine any appropriate and reasonable accommodations.

·         The Counseling Center will review your credentials as promptly as possible, usually within 10 days of receiving them from the Dean’s Office.  The Counseling Center will then send an email and a "snail mail" letter to you requesting that you schedule an appointment with a Counseling Center staff member to go over the request,  discuss the accommodations that may be granted, and explain other resources that may be available to you. The Counseling Center will then forward the recommendations to the Dean of Students who actually grants the accommodations.

·         If you warrant academic accommodations, the Dean of Students will notify your instructors once you have submitted a list of courses for that semester. This notification serves for the entire semester. You must notify the Dean of Students Office each semester to inform them of the courses and instructors who should be notified for the upcoming semester.

4) You should contact the Dean or the Counseling Center at any time if you encounter obstacles, have difficulties, want guidance, or want to share successes! The Dean will act as mediator should any conflicts arise in securing accommodations. Note that it is your responsibility to notify the Dean of any difficulties you are having obtaining accommodations or if the accommodations you have received do not meet your needs.

Documenting Your Disability

·         Documentation of your disability must be prepared by a qualified professional and must be current and comprehensive. Rarely, if ever, will a “doctor's note” constitute adequate documentation. Likewise, an "IEP," "504 Plan," or "Educational Assessment" does not constitute adequate documentation but may be submitted to supplement other acceptable documentation.

·         If you have multiple disabilities, documentation must be submitted for each disability. Be sure to submit a copy, not the original, of any documentation. Documentation will not be returned to you.

·         If we continue to have questions about your disability after you have submitted documentation, we may ask you to provide additional information before we make determinations about accommodation.

Physical Disabilities

1) Evaluation must be done by a qualified professional.

·         Evaluators must have medical training and experience in the diagnosis of like or similar conditions in adolescents and adults: this usually implies licensed physicians, often with specialty training. Allied health professionals (such as audiologists or physical therapists with rehabilitation training) may be considered part of an evaluation team but not generally the primary evaluator.

·         The evaluator must include credentials, licensure/certification information, and address/phone number.

·         The evaluation must be signed and must be on professional letterhead.

2) Documentation must be current.

·         Reports should be based on evaluation performed within a reasonable time frame, depending on the degree of change associated with the diagnosed condition. Generally, a reasonable time frame is three years but it may be shorter in some cases.

·         Reports should indicate the anticipated course of the condition.

·         Reports must address the current impact of the condition and any mitigating factors (e.g., auxiliary aids, medications).

3) Documentation must be comprehensive. Reports should include:

·         History.

·         A description of and evidence of impairment (e.g., tests/procedures that were completed to determine diagnosis/limitations).

·         A brief description of any treatment plan.

·         Specific diagnosis/diagnoses.

·         An indication of whether the evaluator believes the current symptoms of the condition rises to the level of a disability as defined by Section 504 and the ADA (i.e., whether symptoms substantially limit a major life activity).

·         Clear indication of the student's functional limitations.

·         Recommendations for accommodations that are directly related to the functional limitations. These should be specific to an adult, residential, educational setting.

Psychological/Psychiatric Disabilities

1) Evaluation must be done by a qualified professional.

·         Evaluators must have training and experience in the differential diagnosis of mental and emotional disorders in adolescents and adults: e.g., clinical psychologists, neuropsychologists; psychiatrists, or other specially trained medical doctors; clinical social workers, licensed mental health counselors, and psychiatric nurse practitioners.

·         The evaluator must include credentials, licensure/certification information, and address/phone number.

·         The evaluation must be signed and must be on professional letterhead.

2) Documentation must be current (within the last 6 months).

·         If the student has a report that is older than 6 months and the student has remained in contact with the evaluator, the evaluator may supplement the original report with a letter describing any changes since the previous report. (The supplement is in lieu of another full report.)

·         Reports must address the current impact of the condition and any currently mitigating factors (e.g., auxiliary aids, medications)

3) Documentation must be comprehensive. Reports must include:

·         The DSM diagnosis and code of the condition for which the student is requesting disability accommodations.

·         Information to substantiate the diagnosis: history, signs and symptoms substantiating the diagnosis, psychological testing, etc.

·         A statement about the effect of any medications the student is using.

·         Information about the current impact the symptoms from the condition have on the student's functioning.

·         An indication of whether the evaluator believes the current symptoms of the condition rises to the level of a disability as defined by Section 504 and the ADA (i.e., the symptoms substantially limit a major life activity).

·         Recommendations for accommodations. These should be specific to an adult, residential, educational setting.

·         A statement about the potential for harm to self and others.

Attention Deficit Disorder (ADD) v. Learning Disabilities

ADD is not a learning disability, although many persons have mistakenly labeled it as such. ADD is a neurological condition that reduces a person's productivity and rate of learning; it does not affect a person's ability to learn, however, as is the case with learning disabilities. ADD may constitute a disability if the symptoms are severe enough to significantly affect a major life activity such as learning. The role of medication is especially important with regard to ADD and disability status, insofar as medication treatment may reduce the symptoms to the point at which they are no longer disabling. Thus students with ADD do not "automatically" qualify for accommodations.

ADD/ADHD

1) Evaluation must be done by a qualified professional.

• Evaluators must have training and experience in the differential diagnosis of ADHD in adolescents and adults: e.g., clinical psychologists, neuropsychologists, psychiatrists, or other specially trained medical doctors.
• The evaluator must include credentials, licensure/certification information, and address/phone number.
• The evaluation must be signed and must be on professional letterhead.

2)  Documentation must be current (within 3 years).

• Reports must address the current impact of the condition and any currently mitigating factors (medications, e.g.).

3)  Documentation must be comprehensive. Reports should include:

• A clear statement of diagnosis and the relevant DSM code.
• Information to substantiate the diagnosis: history, sign/symptom profile, psychological testing, etc.
• Information to indicate that alternative diagnoses have been ruled out.
• Information about any medication the student is currently taking.
• An indication of whether the symptoms the student is currently experiencing rise to the level of a disability as defined by Section 504 and the ADA (i.e., the symptoms substantially limit a major life activity).
• Recommendations for accommodations that relate to the student's current functional limitations. These should be specific to an adult, residential, educational setting.

Learning Disabilities

1) Evaluation must be done by a qualified professional.

• Appropriate evaluators include professionals who have had training in and experience with evaluating learning disabilities: e.g., licensed clinical, neuro-, school, or counseling psychologists; psychiatrists. Learning disability specialists may contribute information but are not generally recognized as primary evaluators in these circumstances.
• The evaluator must include credentials, licensure/certification information, and address/phone number.
• The evaluation must be signed and must be on professional letterhead.

2) Documentation for learning disabilities should be no older than three years to be considered current. In some cases, accommodations may be granted for the current semester or year if the documentation for accommodation is clear and compelling but for the following year, new documentation must be submitted. Documentation submitted at the beginning of college does not mean that it is current throughout the college years unless the testing is completed during the summer immediately prior to enrollment. In no case will documentation older than 5 years be considered even for accommodations for the current semester.

3) Documentation must be comprehensive. Reports should include:

• Relevant educational, developmental, and medical/psychiatric history.
• Information from a diagnostic interview and behavioral observations.
• Information to substantiate the diagnosis: The diagnosis should be based on and supported by evidence from the entire battery, not just one subtest score. Standard scores are required for all measures, including all subtests administered. Grade equivalents and/or percentiles may be included but are not required. The test findings should document both the nature and severity of the disability. The student's strengths and weaknesses must relate to specific limitations that may warrant accommodations.
• Comprehensive aptitude assessment. The aptitude measure used in the evaluation must, in most cases, be the WAIS-III for individuals sixteen years of age or older.
• Comprehensive academic achievement assessment.
• Assessment of specific areas of information processing.
• Evidence that the evaluator has ruled out alternative explanations for academic problems, such as poor motivation, poor study skills, emotional problems, etc.
• A description of functional limitations resulting from the disability.
• The DSM diagnosis and code. Non-specific statements of the condition (e.g., "relative weaknesses," "learning disability," "deficits in") without formal diagnosis, are not sufficient.
• Specific recommendations for accommodations that relate to the student's functional limitations. These should be specific to an adult, residential, educational setting.
• A statement of the current impact of the condition.

Psychological Assessment Guidelines

• Test instruments should be selected in accordance with the professional judgment of the individual performing the assessment. In general, however, the tests used should be recognized instruments that are valid and that have appropriate norms.
• The domains of intelligence, achievement, and cognitive processing should be assessed.
• The diagnosis should be based on and supported by evidence from the entire battery, not just one subtest score.
• Standard scores are required for all measures, including all subtests administered.
• Grade equivalents and/or percentiles may be included but are not required.
• The test findings should document both the nature and severity of the disability.
• The student's strengths and weaknesses must relate to specific limitations that may warrant accommodations.
• Interpretation of results is required. Test scores, subtest scores, or test protocol sheets alone are not sufficient and should not be used as a sole measure for the diagnostic decision.
• All data must logically demonstrate a significant limitation to learning or another major life activity for which the individual is requesting the accommodation.

Below is a listing of some tests that are acceptable and unacceptable. Testing must cover three main domains, namely, aptitude, achievement, and information processing. Other pertinent areas of functioning may be addressed as well.

Please note that this is not an exhaustive listing:

Acceptable Tests: Aptitude

WAIS-III

Woodcock-Johnson Psychoeducational Battery-III

Tests of Cognitive Ability

Stanford-Binet Intelligence Scale-IV edition

Not Acceptable: Aptitude

Kaufman Brief Intelligence Test (KBIT)

Wechsler Intelligence Scale for Children (WISC-IV or WISC-III)

Acceptable Tests: Achievement

Woodcock-Johnson Psychoeducational Battery-III

Tests of Achievement

Wechsler Individual Achievement Test-II (WIAT-III)

Stanford Test of Academic Skills (TASK)

Scholastic Abilities Test for Adults (SATA)

Tests of Written Language-3 (TOWL-3)

Woodcock Reading Mastery Tests-Revised

Stanford Diagnostic Mathematics Test

Not Acceptable: Achievement

Wide Range Achievement Test-3 (WRAT-3)

Mini-Battery of Achievement (MBA)

Acceptable: Information Processing

WAIS-III subtests

Woodcock-Johnson Tests of Cognitive Ability

Detroit Tests of Learning Aptitude-Adult (DTLA-A)

Other tests pertinent to the presenting learning difficulty

Typical Accommodations for ADD and Learning Disabilities at Trinity College

·  Extended time for testing (up to time-and-a-half, unless documentation specifically supports more time)

·  Tape recording lectures

·  Testing in a private room

·  Preferential seating

Some Cautionary Words about Accommodations

·  Documentation that was acceptable to your high school may not be acceptable to the College. We may require different or additional information.

·  Having qualified for accommodations in high school is not a guarantee that you will qualify for accommodations at the College.

·   Documentation submitted at the beginning of college does not mean that it is current throughout the four college years unless the testing is completed during the summer immediately prior to enrollment. 

·  The accommodations you receive at the College may be different from those you received elsewhere.

·  Students must request accommodations within a reasonable time-frame (e.g., not the day before an exam).

·   It is the student's responsibility to notify the Dean of Students Office of any disability and to follow-through with professors and others about securing accommodations. Notifying a College faculty/staff member other than the Dean of Students Office is not sufficient.

·  The College can not change students' grades because they did not make arrangements to obtain accommodations: i.e., retroactive accommodations will not be made.

·  The College reserves the right to defer accommodations until adequate and appropriate documentation is submitted.

·  Securing documentation for learning disabilities can be a costly and lengthy process:

o           There is frequently a 3-4 month wait to get psychological testing started, and an additional 1-2 month wait before the results are available.

o           The College does not pay for assessment.  In some cases, some basic assessment measures may be available in the Counseling Center.

o           Your medical insurance may cover the cost of psychological testing. Check with your insurance company.