Because NCSSM is part of the university system, there are some important differences between how disabilities are addressed here and how they are addressed in the local public schools. The same laws do not apply.

Rather than acting under Public Law 94-142 and its successors (including the Individuals with Disabilities Education Act of 1990 and IDEA Improvement Act of 1997), NCSSM acts under the Americans with Disabilities Act of 1990 (ADA).

Modeled on section 504 of the Rehabilitation Act of 1973, ADA is a civil rights law. It prohibits discrimination on the basis of disability, as long as the person is otherwise qualified. In the case of publicly funded colleges and universities (of which NCSSM is a part), ADA affirms the right of a student with a disability to a level playing field.

In practice, this means that the NCSSM student will no longer have an IEP, or Individualized Education Plan, and that the responsibility for documenting a disability and requesting accommodations will shift to the student and parent/guardian.

The NCSSM Approach

The school's responsibility will then be to provide access to education by removing barriers so that the student may demonstrate his or her ability. This is accomplished through the use of reasonable accommodations that are designed to reduce the impact of the disability so that the student has the opportunity to achieve the same quality and quantity of learning expected of every student at the school.

Above all else, focus is put on the student's ability to learn and to demonstrate that learning in the classroom and residence halls, regardless of disability.

The ADA also guarantees any individual with a disability the absolute right to refuse any accommodation.

Therefore, NCSSM cannot provide an accommodation unless it has been specifically requested and agreed upon.

When determining reasonable accommodations, the Special Needs Coordinator and the Disabilities Review Committee rely heavily on professional documentation of the disability as well as drawing the student and family into the discussion of functional limitations and possible strategies. A specialized program, called an Individualized Accommodation Plan, is then written to document the agreements reached.

If, however, a student and family do not request reasonable accommodations and the student performs poorly without them, their civil rights have not been violated. With accommodations or without, the student with a disability must meet the school's academic and residential standards.

Documentation Guidelines

Other Documents