A New Perspective

A New Model of Disability

Some college students are embarrassed about having a disability.

They want to forget about special education.
They are tired of being labeled, or being seen as "different".
They want to make a fresh start.
They want to be "normal"!

If this describes you, we'd like you to think about disability in a whole new way: the Social Model of Disability. In the Social Model of Disability, disability is part of diversity and is very normal.

The Old, Out-dated Medical Model
In the past many folks, including K-12 Special Education professionals, saw disability as a medical problem. In the Medical Model, disability is negative and a reason for shame. It was seen as a "deficiency" that needs to be "fixed". Thankfully, this view is out-dated!

The New, Inclusive Social Model
At UMD, we subscribe to the Social Model of disability. The Social Model, we:

• See disability as one of multiple human differences.
• Believe that disability resides in the barriers one encounters when interacting with the environment or society.
• Understand that access to University classes and programs is achieved by removing the barriers
• Recognizes that all of us - students, faculty, and staff - are responsible for lowering/removing barriers.

The Social Model gives students with disabilities independence and dignity. Students with disabilities must maintain the same standards as all students. Accommodations remove the barriers- they are not "advantages" or "extra help".

We strive to make the accommodation process easy and normal as possible, but we can't accommodate a student until we know the student is here and what they need. The student is always in the driver's seat. Only you can make it happen!

Legal Differences between High School and College

Students new to college will also notice differences in the laws that protect disabled students in high school and those in college.

There can be confusion about legislation governing K-12 special education and disability laws in post-secondary education. The biggest difference is that the K-12 laws are entitlement laws that guarantee free and appropriate education for all children. K-12 laws may require curriculum changes if deemed necessary for the child's success.

The laws that protect students with disabilities in college are civil rights laws that require the student have full access to the University. Disability accommodations are the means of providing access. Thus, denial of accommodations to a student with a disability is considered discrimination. Unlike in high school, college students must request their accommodations.

Accommodations must always be 1) appropriate (supported by the student's documentation) and 2) reasonable (does not compromise an essential element of the course or program). If a student believes they have been denied their appropriate and reasonable and accommodations, they are advised to follow the steps in DR's Grievance Process.

The table below summarizes the main points of difference between K-12 and Post-secondary laws. If you would like to learn more about disability law, some helpful legal resources are linked to this page.

 

	High School	The University
What laws apply?	IDEA (Individuals with Disabilities Education Act)	Sec. 504 of the Rehabilitation Act of 1973; ADA (Americans with Disabilities Act of 1990); ADAAA (ADA Amendments Act of 2008)
What is the intent of the laws?	Free, appropriate education for all students with disabilities in the least restrictive environment	Protects otherwise qualified persons from discrimination in federally funded programs
Who is covered?	All infants, children and youth requiring special education until age 21 or graduation from high school	All persons who meet entry criteria of the University and can document a disability as defined by ADA/ADAAA
How is a disability defined?	IDEA provides a list of disabilities	Any physical or mental impairment that substantially limits one or more major life activities
Who is responsible for identifying eligible students?	School districts are responsible for identifying, evaluating and documenting students.	Students are responsible for self-identifying to the college and providing documentation of their disability.
Who is responsible for initiating accommodations?	School districts are responsible for providing special instruction, individualized instruction plans, and/or accommodations.	Students are responsible for requesting disability services and/or accommodations.
Are other services mandated?	School districts must provide rehabilitation counseling, medical services, personal aides, social work and other services as needed in the school day.	College provide physical, academic, and program access. Related services of a personal nature are the responsibility of the individual or family.
Self-advocacy	The parent or guardian is the primary advocate. Students should participate in planning by age 14.	Students are expected to be their own advocates.
Who enforces the laws?	IDEA is basically a funding statute, enforced by the Office of Special Education and Rehabilitation Services in the U.S. Department of Education.	ADA/504 are civil right statutes, enforced by the Office for Civil Rights (OCR), the Department of Justice, and the Equal Employment Opportunity Commission (EEOC).

Adapted from: Kay McVey, Faculty Development Specialist, PROJECT CONNECT, Henderson State University; Arkadelphia, Arkansas

Grievance Process

If a student believes reasonable accommodations have not been provided in an effective or timely way, or if they believe they have been discriminated against on the basis of their disability, the following steps should be taken.
1. Discuss the situation with their disability specialist
2. If the situation is not resolved, the DR Director will be brought into the discussion.
3. If still not resolved, the student may consult with the Office of Equal Opportunity or may file a formal complaint with that office.

Legal Resources

Americans with disabilities have been legally protected from discrimination since the Rehabilitation Act of 1973. Section 504 of this act and the ADA/ADAAA guide all college disability support offices, including the Office of Disability Resources at UMD.

Disability Law

• Section 504 of the Rehabilitation Act of 1973
• American with Disabilities Act (ADA)
• ADA Amendments Act of 2008 (ADAAA)

Other Legal Resources

• The Access Board: a federal agency committed to accessible design
• ADA Technical Assistance Program
• Office of Civil Rights (OCR)