Accessible Education Office (click to go to home page)
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1350 Massachusetts Avenue
The Richard A. & Susan F. Smith Campus Center, Fourth Floor
Cambridge MA 02138
tel: 617-496-8707 - fax: 617-496-1098 - tty: 617-496-3720

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Info for Students
+ Register with AEO
+ Clinical Documentation
+ Your Responsibilities
+ Admissions information
+ The Transition to College
Know your Rights
+ Grievances
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INFORMATION FOR STUDENTS:
Know Your Rights and Responsibilities

*For the purpose of this document, the term "postsecondary" applies to Harvard undergraduates as well as graduate students.

More and more students with disabilities are planning to continue their education in postsecondary schools. As a student with a disability, you need to be well informed about your rights and responsibilities as well as the responsibilities that postsecondary schools have toward you. Being well informed will help ensure that you have a full opportunity to enjoy the benefits of the postsecondary education experience without confusion or delay.

The Office for Civil Rights (OCR) in the U.S. Department of Education is providing this information to explain the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools; and explain the obligations of a postsecondary school to provide academic adjustments, including auxiliary aids and services, to ensure that the school does not discriminate on the basis of disability.

OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act Amendments Act (Title II), which prohibit discrimination on the basis of disability. Practically every school district and postsecondary school in the United States is subject to one or both of these laws, which have similar requirements.

Because both school districts and postsecondary schools must comply with these same laws, you and your parents might believe that postsecondary schools and school districts have the same responsibilities. This is not true; the responsibilities of postsecondary schools are significantly different from those of school districts.

Moreover, you will have responsibilities as a Harvard University student that you did not have as a high school student. OCR strongly encourages you to know your responsibilities and those of Harvard University under Section 504 and Title II. Doing so will improve your opportunity to succeed as you enter postsecondary education.

The following questions and answers provide more specific information to help you succeed.

As a student with a disability leaving high school and entering (or continuing at) Harvard University, will I see differences in my rights and how they are addressed?

Yes. Section 504 and Title II protect elementary, secondary and postsecondary students from discrimination. Nevertheless, several of the requirements that apply through high school are different from the requirements that apply beyond high school. For instance, Section 504 requires a school district to provide a free appropriate public education (FAPE) to each child with a disability in the district's jurisdiction. Whatever the disability, a school district must identify an individual's education needs and provide any regular or special education and related aids and services necessary to meet those needs as well as it is meeting the needs of students without disabilities.

Unlike a high school, Harvard University is not required to provide FAPE. Rather, we are required to provide appropriate academic adjustments as necessary to ensure that we do not discriminate on the basis of disability. In addition, if your postsecondary school provides housing to nondisabled students who are eligible, it must provide comparable, convenient and accessible housing to eligible students with disabilities at the same cost.

Other important differences you need to know, even before you arrive at Harvard University are addressed in the remaining questions.

May Harvard University deny my admission because I have a disability?

No. If you meet the essential requirements for admission, Harvard University may not deny your admission simply because you have a disability.

Do I have to inform Harvard University that I have a disability?

No. However, if you want Harvard to provide an academic adjustment, you must identify yourself as having a disability shortly after admission or early in the term. Likewise, you should let Harvard know about your disability if you want to ensure that you are assigned to accessible facilities. In any event, your disclosure of a disability is always voluntary.

What academic adjustments must a postsecondary school provide?

The appropriate academic adjustment must be determined based on your disability and individual needs. Academic adjustments include modifications to academic requirements and auxiliary aids and services, for example, arranging for priority registration (which is not the same as guaranteed enrollment); reducing a course load; substituting one course for another (as Faculty permit); providing notetakers, recording devices, sign language interpreters, extended time for testing and, if telephones are provided in dorm rooms, a TTY in your dorm room; and equipping school computers with screen-reading, voice recognition or other adaptive software or hardware.

In providing an academic adjustment, Harvard University is not required to lower or effect substantial modifications to essential requirements. For example, although Harvard may be required to provide extended testing time, it is not required to change the substantive content of the test. In addition, we do not have to make modifications that would fundamentally alter the nature of a service, program or activity or would result in undue financial or administrative burdens. Finally, Harvard University does not have to provide personal attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature, such as tutoring and typing.

If I want an academic adjustment, what must I do?

You must inform Accessible Education Office that you have a disability and need an academic adjustment. Unlike your school district, Harvard University is not required to identify you as having a disability or assess your needs.

Harvard University requires you to follow reasonable procedures to request an academic adjustment. You are responsible for knowing and following these procedures. Refer to our Website for further information. Harvard also provides information on the procedures and contacts for requesting an academic adjustment in publications including recruitment materials, catalogs and Handbook for Students. Accessible Education Office purpose is to assist students with disabilities with questions related to any disability-related policy and service. If you are unable to locate the procedures, ask a school official, such as an admissions officer or counselor.

When should I request an academic adjustment?

Although you may request an academic adjustment from Harvard at any time, you should request it shortly after admission or as early as possible in the term. Some academic adjustments may take more time to provide than others. You should follow Harvard's procedures to ensure that we have enough time to review your request and provide an appropriate academic adjustment.

Do I have to prove that I have a disability to obtain an academic adjustment?

Generally, yes. We require you to provide documentation that shows you have a current disability and need an academic adjustment.

What documentation should I provide?

Schools may set reasonable standards for documentation; and Harvard's guidelines for clinical documentation may be found at http://www.fas.harvard.edu/~AEO/documentation.html. The documentation should provide enough information so that together we can decide what is an appropriate academic adjustment.

Although an Individualized Education Program (IEP) or Section 504 plan, if you have one, may help identify services that have been effective for you, it generally is not sufficient documentation. This is because postsecondary education presents different demands than high school education, and what you need to meet these new demands may be different. Also in some cases, the nature of a disability may change.

If the documentation that you have does not meet our requirements, we must tell you in a timely manner what additional documentation you need to provide. You may need a new evaluation in order to provide the required documentation.

Who has to pay for a new evaluation?

Neither your high school nor your postsecondary school is required to conduct or pay for a new evaluation to document your disability and need for an academic adjustment. This may mean that you have to pay or find funding to pay an appropriate professional to do it. You should speak with a representative of Accessible Education Office about funding alternatives. If you are eligible for services through your state vocational rehabilitation agency, you may qualify for an evaluation at no cost to you. You may locate your state vocational rehabilitation agency through this Department of Education Web page: http://wdcrobcolp01.ed.gov/Programs/EROD/org_list.cfm?category_ID=SVR.

Once the school has received the necessary documentation from me, what should I expect?

The school will review your request in light of the essential requirements for the relevant program to help determine an appropriate academic adjustment. It is important to remember that Harvard University is not required to lower or waive essential requirements. If you have requested a specific academic adjustment, the school may offer that academic adjustment or an alternative one if the alternative also would be effective. The school may also conduct its own evaluation of your disability and needs at its own expense.

You should expect Harvard to work with you in an interactive process to identify an appropriate academic adjustment. Unlike the experience you may have had in high school, however, do not expect Harvard University to invite your parents to participate in the process or to develop an IEP for you.

What if the academic adjustment we identified is not working?

Let us know as soon as you become aware that the results are not what you expected. It may be too late to correct the problem if you wait until the course or activity is completed. We should work together to resolve the problem.

May a postsecondary school charge me for providing an academic adjustment?

No. Furthermore, it may not charge students with disabilities more for participating in its programs or activities than it charges students who do not have disabilities.

What can I do if I believe the school is discriminating against me?

Practically every postsecondary school must have a person--frequently called the Section 504 Coordinator, ADA Coordinator, or Disability Services Coordinator-- who coordinates the school's compliance with Section 504 or Title II or both laws. You may contact this person for information about how to address your concerns.

We have grievance procedures. Please refer to our website at http://www.fas.harvard.edu/~AEO/grievances.html. The Handbook for Students also describes the steps you must take to start the grievance process. These procedures are not the same as the due process procedures with which you may be familiar from high school. However, the postsecondary school's grievance procedures must include steps to ensure that you may raise your concerns fully and fairly and must provide for the prompt and equitable resolution of complaints.

Often, schools have both formal and informal processes. If you decide to use a grievance process, you should be prepared to present all the reasons that support your request.

If you are dissatisfied with the outcome from using the school's grievance procedures or you wish to pursue an alternative to using the grievance procedures, you may file a complaint against Harvard University with OCR or in a court. You may learn more about the OCR complaint process from the brochure How to File a Discrimination Complaint with the Office for Civil Rights, which you may obtain by contacting OCR at http://www.ed.gov/ocr/docs/howto.html.

If you would like more information about the responsibilities of postsecondary schools to students with disabilities, read the OCR brochure Auxiliary Aids and Services for Postsecondary Students with Disabilities: Higher Education's Obligations Under Section 504 and Title II of the ADA.

Students with disabilities who know their rights and responsibilities are much better equipped to succeed at Harvard. We encourage you to work with AEO staff because we, too, want you to succeed. Seek the support of family, friends and fellow students, including those with disabilities. Know your talents and capitalize on them, and believe in yourself as you embrace new challenges in your education.

You may be familiar with another federal law that applies to the education of students with disabilities--the Individuals with Disabilities Education Act (IDEA). That law is administered by the Office of Special Education Programs in the Office of Special Education and Rehabilitative Services in the U.S. Department of Education. The IDEA and its Individualized Education Program (IEP) provisions do not apply to postsecondary schools. This pamphlet does not discuss the IDEA or state and local laws that may apply.

U.S. Department of Education
Office for Civil Rights
Washington, D.C. 20202
July 2002

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