ADA, testing requirements

[candg918]

What is the name of your state (only U.S. law)? OK

A university student with ADA (504) accommodations in high school has been denied ADA accommodations at the university based on the university's requirement that two specific test results be provided.

Although the university provides these testing services to students, it is university policy that any results from university administered testing cannot be used for ADA purposes. The student is unable to afford testing at the private facility that the university refers students to for this testing. They did not refer to any facility that provides testing on a sliding fee scale.

Based on the inability to supply the test results, the student has been denied services. The inability to receive services has been detrimental to the student's progress towards a degree resulting in the need for additional time to complete the degree requirements.

This situation makes seems unreasonable. Is the university's position legal?

The ADA division of the DOJ has suggested filing a complaint; this will take far too long to solve the immediate problem of keeping the student in school to complete his degree since the university has refused to continue need based financial aid.

Are there any other suggestions on how to proceed?

ETA: Is is legitimate to require specific tests when the student can easily provide other documentation attesting to the need for services?

 

[Humusluvr]

What is the name of your state (only U.S. law)? OK

A university student with ADA (504) accommodations in high school has been denied ADA accommodations at the university based on the university's requirement that two specific test results be provided.

Although the university provides these testing services to students, it is university policy that any results from university administered testing cannot be used for ADA purposes. The student is unable to afford testing at the private facility that the university refers students to for this testing. They did not refer to any facility that provides testing on a sliding fee scale.

Based on the inability to supply the test results, the student has been denied services. The inability to receive services has been detrimental to the student's progress towards a degree resulting in the need for additional time to complete the degree requirements.

This situation makes seems unreasonable. Is the university's position legal?

The ADA division of the DOJ has suggested filing a complaint; this will take far too long to solve the immediate problem of keeping the student in school to complete his degree since the university has refused to continue need based financial aid.

Are there any other suggestions on how to proceed?

ETA: Is is legitimate to require specific tests when the student can easily provide other documentation attesting to the need for services?

You should first ask the University where else, besides the private testing facility, that you can get the tests. I can't imagine why the private facility wouldn't take a sliding scale, or your University health plan.

It does seem unreasonable to me. Do you have a specific person who is monitoring the student? Have you asked for accommodations for the extra time needed? Who all have you talked to?

Here is the policy my University uses:

Submitting Documentation of Disability

Students seeking academic accommodations through the Office of Accessibility are required to submit documentation to verify eligibility under Section 504 of the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990.

The following guidelines are provided to ensure that diagnostic evaluation reports and treating professionals' information are current, complete and adequate for determining eligibility through our office, which would facilitate appropriate academic accommodations relevant to the disability.

The definition of "current" documentation varies with the specific disability. The symptoms and features may change more frequently for some disabilities than others. For example, with a psychological disability, "current" may mean "within a few months," while certain physical disabilities, like quadriplegia, may be stable. Students may obtain the appropriate documentation guideline(s) below or by contacting the office at 330-972-7928.

The Office of Accessibility has a policy that prohibits accepting documentation from a treatment professional who is related to the student requesting services.

So it would seem to me that as long as you are able to get the necessary documentation from a qualified professional (not affiliated with the university) you would be meeting the guidelines. Do you have another doctor that you could use that would be qualified and you would be able to afford?

You could submit a complaint, but it would probably take too long. What are you talking about with the university denying need-based aide? Was there a grant or scholarship that was lost due to GPA or the such?

 

[candg918]

Thanks for the prompt reply. This is for a non-family member. Parents are apparently unfamiliar with the system both at the university and in general. The student only asked for help when he was no longer able to enroll so this is the first opportunity he has had to have any input from individuals in the university community outside the department tasked with the ADA compliance and the division which could have provided testing.

In addition, the university is very bad about refusing to communicate with parents trying to counsel their child through the process (I know from experience even when FERPA has been signed to permit it).

You should first ask the University where else, besides the private testing facility, that you can get the tests. I can't imagine why the private facility wouldn't take a sliding scale, or your University health plan.

I have had personal dealings with this facility before; they do not have a sliding scale. They do not even accept some clients as self pay if their insurance is not one of the authorized plans. I suspect others in the area may have sliding scale but the university refers only to this facility. It is not covered by the university's heath plan or the student's insurance. The required testing services are available on campus to enrolled students for a very nominal charge.

It does seem unreasonable to me. Do you have a specific person who is monitoring the student? Have you asked for accommodations for the extra time needed? Who all have you talked to?

The student contacted the office which was supposed to help him when he first entered the university. He has apparently sought assistance several times since. Student has been advised to meet again with the official in charge of the office when she returns to campus.

He can easily obtain physicians statement documenting the diagnosis. He could have supplied special services file from the public schools had it been requested on enrollment; I advised him to get a copy which he is in the process of doing.

Both the public schools and the university could have referred him to the state's vocational services for the needed testing and additional funding for books and tuition, but no one did. He was completely unaware of those services. Since they are taking new clients at this time, I have suggested that he complete the intake application to see what services he can receive from them.

Several of the faculty knowing the circumstances provide the accommodations as part of their normal dealings with all students even though not required to do so by the university.

Here is the policy my University uses:



So it would seem to me that as long as you are able to get the necessary documentation from a qualified professional (not affiliated with the university) you would be meeting the guidelines. Do you have another doctor that you could use that would be qualified and you would be able to afford?

There are other providers who could have supplied the information but whether one which could have been afforded without some fee waivers is questionable. The university made no effort in assisting him in locating a provider. Due to family circumstances and the understanding that only testing from this facility would be accepted, the student did not pursue other testing options.

The university will provide testing services needed to students; the problem is they will not allow the reports from the university's testing to be used for the qualification for services. The university entity doing the testing is not in any way affiliated with the office responsible for providing the disability accommodation recommendations. They obviously at some point have a common administrative unit but at a high level in the university's organizational structure.

You could submit a complaint, but it would probably take too long. What are you talking about with the university denying need-based aide? Was there a grant or scholarship that was lost due to GPA or the such?

They are limiting the number of years for which they will provide financial aid to four; due to academic difficulties resulting from the lack of services, he needs an additional year to complete the requirements assuming they ever provide the needed accommodations in some classes.

The fact that they place a very specific, expensive requirement as a prerequisite for services seems to be a form of discrimination to students who cannot afford to supply the university's required documentation even though the student has other previously accepted (by the public schools) documentation.

 

[Humusluvr]

I would say that you hit it on the head. I can't imagine that a department is run as haphazardly as this one seems to be. Can you contact anyone within the ADA?

Is the student being forced to take on the department solo? Neither his parents, nor you are allowed to help him or accompany him through this? Just for my information, what is his disability? It's to be commended that certain professors worked with him, despite the failings of the accommodation department.

As far as the four years of funding, I'm not surprised by that. That is pretty much uniform at all Universities, and many would be barred from providing more. You might have to look at other funding sources.

What degree is the student pursuing?

 

[candg918]

The problem is the university's former attorney, IMO. According to what I have determined today, the reason that they are using to keep from providing the testing would prevent any public school district from providing services to any child for whom they did the testing; they would only be permitted to provide services if the child was tested privately or by a different school district.

The student is a STEM student with documented significant ADHD (and I would guess additional auditory processing issues) and is on medication. It is reported that it is very obvious when he is unable to obtain his meds. He apparently has very high ability in academic areas and outside the classroom environment.

It is not his major department that is the problem; they have stepped up once the accommodation problem was known since several have children in similar (or worse) situations and now that the enrollment problem has been disclosed to them are trying to scrounge targeted scholarship funding that bypasses the financial aid office. They are also trying to find funding for an on campus job that might result in a tuition waiver.

I will not be able to go with him but have encouraged him to take his faculty adviser when he does go back to the ADA assistance official. I have also encouraged him to go to the head of the group whom I know from my child's experience since I suspect that it is one of the subordinates that has failed to provided the necessary information that would have directed him to look for alternative service providers.

 

[Humusluvr]

The problem is the university's former attorney, IMO. According to what I have determined today, the reason that they are using to keep from providing the testing would prevent any public school district from providing services to any child for whom they did the testing; they would only be permitted to provide services if the child was tested privately or by a different school district.

I can completely understand the university's stance on this. It is probably a federal requirement that students be tested for disabilities through a private agency so that unscrupulous schools did not claim that they tested their students, only to give them special "aide," which was really not the case. Schools could use the "We tested them ourselves," line to get more federal aide, and abuse the system. Some schools would not be honest about who is disabled and who is not.

 

[candg918]

I have looked at other universities in the area - both public and private. Most are mute on the acceptance of testing by individuals affiliated with the university, but one specifically states that testing by university staff is accepted and another has a clinic which specifically offers the testing with no statement that that the results from this clinic would not be allowed.

One option I will suggest is to have the other university's clinic do the testing to provide to the student's institution since the clinic is open to the public. I believe it is one facility that will provide sliding scale; it is about a 100 mile trip, but should be worth it cost wise if similar services are not available locally.

In looking through the required paperwork from the university, I am frustrated. Some of the requested information would not even be known by a typical HS student. I can only imagine that many students who would benefit from services simply give up because the process has become so confusing and difficult - far more so than when my child went through this 15 years ago.

One option at this time is to just not deal with the formal procedure since the student is now in a situation that most of the remaining coursework is with faculty who, for the most part, will work informally with the student.

Thank you for your insight, Humusluvr.

 

[Humusluvr]

Sorry I couldn't offer anything more specific. I think it's a shame that the person who would truly benefit, and who would actually get a degree, is being put through the ringer. He is lucky to have someone like you who can assist him as much as possible. You are right about the system being difficult to manage for ANY 18 year old!