Self-Advocacy and the Law:

A Successful College Transition

By Sharon Gudger

Your student can benefit later from what he learns now about self-advocacy and his rights as a student.

What an exciting time! A time that you thought would never arrive – your student is off to college. Whatever his learning challenge may be, you know he still needs support and services to succeed. However, Georgia law says your 18-year-old is now an adult and must advocate for himself. This includes making decisions which significantly impact his future. With the challenges ahead, how do you insure that supports are provided in order for your college student to experience success? As a parent no longer able to access records, grades or advocate on your childís behalf, what is your role in helping your student succeed in college?

Preparing your student during high school
A student receives tremendous empowerment once he understands his learning difficulties. He can make remarkable progress as he learns compensation skills by using his strong points to overcome deficits. Identifying these specific needs will prepare your student for self-advocacy. His needs and goals are addressed in his Individual Education Plan (IEP) or private/home school documentation and should state his vision clearly ñ which is, college bound! All academic decisions should be based on that vision. IEP or private/home school documentation of accommodations and support your student effectively used during his high school career is imperative since most colleges require such documentation before offering specific accommodations and services.

Receiving training in self-advocacy skills during high school is vital to a studentís success in college. All ninth grade student transition plans should include parent training and student training in self-advocacy. Knowledge about the Individual with Disabilities Education Act (IDEA), American Disabilities Act (ADA) and Section 504 is very important (see sidebar). High school IEP meetings or parent-teacher conferences are the beginning point for your student to learn self-advocacy skills. Encourage your student to participate in his progress meetings by speaking up regarding his concerns, the specific accommodations he finds effective, as well as necessary services that are not being provided.

Students and parents do not have all the answers as early as ninth grade, so I encourage them to shoot for the stars and use terminology such as, when you go to college, not if you go to college. Practicing self-advocacy skills is a crucial step in your student’s training. Clear goals should be documented; for instance, “The student will practice self-determination and advocacy skills by discussing them with three staff members and presenting a list of accommodations the student uses in class with each of his teachers.”

Privacy act and legal implications
In order to remain legally involved with your student and be able to access records, there are steps you can take beginning in high school. The law mandates that high schools notify students of transfer rights one year before reaching the age of maturity in their state, which is 18 years old in Georgia. Once the student turns 18, he may assign all educational decisions to his parents by providing the IEP team with a notarized statement stating such. The student may also sign a power of attorney to the parents. Upon high school graduation and termination of IDEA rights, your student’s transition plan should prepare him with the knowledge and self-advocacy skills to experience a successful college transition.

Preparing your student in college
Once in college, responsibility falls on the student to tell his professors about his accommodations and provide them with a copy of the specific recommendations needed for success. If your student needs help, the college representative should act as a liaison to help the student in self-advocacy.

Beginning freshmen year in college, both parents and students sign a Family Educational Rights and Privacy Act (FERPA) release form provided by the college in order for parents to communicate with the school. Giving this document to the college representative, along with sharing copies of the notarized statement from high school and the power of attorney form, will aid in communication.

With the documentation of accommodations used in high school, your student will be able to begin college protected by section 504 (see sidebar). A 504 plan is a legal document which outlines instructional services by describing accommodations needed by your student. It does not alter the curriculum or give him an advantage over other students, but is meant to level the playing field and provide an equal opportunity for him to learn alongside his typical peers.

Once students familiarize themselves with ADA/504, most state they prefer it to IDEA because there of fewer meetings and less paperwork. They have also found that the emphasis is on using their strengths to achieve their goals through various accommodations and services, rather than focusing on using their strengths to achieve their goals through various accommodations and services, rather than focusing on their deficits. Parents may wish to check in with the 504 representative or other college support staff occasionally to ask if there is anything else that is needed. One parent reported that these casual chats were helpful in that they led to other topics that could help the student augment his success.

Having the knowledge of laws which protect his rights as an adult, knowing which accommodations are effective in helping him learn and understanding the importance of self-advocacy should put your student on the road to a bright future. As parents, be proud of having given your child the support, skills and opportunities needed for a full and independent life.

Sharon Gudger is a special education consultant, a child advocate in the public schools and a parent of a child on the autistic spectrum. She helped create GA Children’s Network listserv and served on the State Advisory Panel for Exceptional Children. Sharon can be contacted at 678-764-5554 or sharongudger@bellsouth.net.

Disclaimer: Please be advised that the statements made in this communication are in no way legal or medical advice, as I am not an attorney, nor am I authorized to give such.

Laws that benefit students with disabilities
seeking access to college

1. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794(a)(Section 504) Section 504 applies to public colleges and private colleges who receive federal funds, as most public and private colleges do.

2. Americans with Disabilities Act of 1990 (ADA)
ADA Title II applies to all public colleges (42 U.S.C. § 12132), while ADA Title III applies to all private colleges (42 U.S.C. § 12182(a)). Compliance to the above provisions are stated in an assurance from the college which states the institution does not discriminate based on disability and identifies an individual to coordinate compliance.

3. Individuals with Disabilities Education Act of 2004 (IDEA)
Mandates that a transition plan for “results oriented” post-secondary goals be documented in a studentís IEP by age 16 and updated annually. Under Georgia law, the transition plan must begin “not later than entry into ninth grade or by age 16, whichever comes first” with the requirement the student be involved in the transition plan. Since IDEA safeguards terminate upon high school graduation, the transition plan should include the student’s vision after high school and include services needed to ensure success of the transition plan by the end of senior year.

IDEA mandates transition plans be meaningful and include “(1) Appropriate measurable post-secondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and (2) The transition services (including courses of study) needed to assist the student in reaching those goals.” – emphasis added. Courses of study needed may include reading programs for students with dyslexia to provide a basic life skill of reading and accessibility to curriculum, driver’s education for students with perceptual/spatial/visual deficits or transportation navigation for visually impaired students. Services should be provided in high school or through vocational rehabilitation which ensure a meaningful post-secondary outcome.

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Self-Advocacy and the Law:

A Successful College Transition

Laws that benefit students with disabilities seeking access to college

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Laws that benefit students with disabilities
seeking access to college