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According to the Americans with Disabilities Act of 1990 (as amended), "Disability" concerning an individual means the following:
- a physical or mental impairment that substantially limits one or more major life activities of such individual;
- a record of such an impairment; or
- being regarded as having such an impairment.
Major life activities include, but are not limited to:
- Caring for oneself
- Performing manual tasks
A significant life activity also includes:
- The operation of a primary bodily function includes functions of the immune system, average cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
An individual has a disability if:
- They establish that they have been subjected to an action prohibited under the ADAAA because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a significant life activity.
The determination of whether an impairment substantially limits major life activities shall be made without regard to the ameliorative effects of mitigating measures such as:
- Medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
- Use of assistive technology;
- Reasonable accommodations or auxiliary aids or services; or
- Learned behavioral or adaptive neurological modifications.
Upon request, the university will provide reasonable accommodation(s) to students whose conditions meet the legal definition of a disability under the ADA and are otherwise qualified.
An accommodation is a legally mandated service that provides students with disabilities access to their educational program. Accommodations may be thought of as adjustments to how things are normally done and are often grouped into categories including:
- Changes to a classroom environment
- Removal or adaptation of architectural barriers
- Modifications to policies, practices, or procedures
- Other adaptations or modifications that enable a student to access the benefits and privileges of the college’s programs, services, and activities.
- Provision of auxiliary aids and services
It is important to note that accommodations do not lower academic standards or compromise the integrity of educational programs and conduct. Accommodations also must maintain technical standards. Accommodations are in place to ensure a student has equal access to Moravian University's, Moravian Theological Seminary's, and Lancaster Theological Seminary's offerings, not to provide an advantage.
Reasonable accommodations are provided at no cost for eligible students.
Students with Disabilities Preparing for Postsecondary Education:
Know Your Rights and Responsibilities
U.S. Department of Education
Office for Civil Rights
Washington, D.C. 20202
More and more high school students with disabilities are planning to continue their education in postsecondary schools, including vocational and career schools, two- and four- year colleges, and universities. As a student with a disability, you need to be well informed about your rights and responsibilities as well as the responsibilities postsecondary schools have toward you. Being well informed will help ensure you have a full opportunity to enjoy the benefits of the postsecondary education experience without confusion or delay.
This information, provided by the Office for Civil Rights (OCR) in the U. S. Department of Education, explains the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools. This also explains the obligations of a postsecondary school to provide academic adjustments, including auxiliary aids and services, to ensure 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 of 1990 (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.
Although Section 504 and Title II apply to both school districts and postsecondary schools, the responsibilities of postsecondary schools differ significantly from those of school districts.
Moreover, you will have responsibilities as a postsecondary student that you do not have as a high school student. OCR strongly encourages you to know your responsibilities and those of postsecondary schools 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 postsecondary education, 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 educational 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 your high school, however, your postsecondary school is not required to provide FAPE. Rather, your postsecondary school is required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability. In addition, if your postsecondary school provides housing to nondisabled students, it must provide comparable, convenient, and accessible housing to students with disabilities at the same cost.
Other important differences that you need to know, even before you arrive at your postsecondary school, are addressed in the remaining questions.
May a postsecondary school deny my admission because I have a disability?
No. If you meet the essential requirements for admission, a postsecondary school may not deny your admission simply because you have a disability.
Do I have to inform a postsecondary school that I have a disability?
No. But if you want the school to provide an academic adjustment, you must identify yourself as having a disability. Likewise, you should let the school 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 may include auxiliary aids and services, as well as modifications to academic requirements as necessary to ensure equal educational opportunity. Examples of adjustments are: arranging for priority registration; reducing a course load; substituting one course for another; providing note takers, 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, your postsecondary school is not required to lower or substantially modify essential requirements. For example, although your school may be required to provide extended testing time, it is not required to change the substantive content of the test. In addition, your postsecondary school does not have to make adjustments that would fundamentally alter the nature of a service, program, or activity, or that would result in an undue financial or administrative burden. Finally, your postsecondary school 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 the school that you have a disability and need an academic adjustment. Unlike your school district, your postsecondary school is not required to identify you as having a disability or to assess your needs.
Your postsecondary school may require you to follow reasonable procedures to request an academic adjustment. You are responsible for knowing and following those procedures. In their publications providing general information, postsecondary schools usually include information on the procedures and contacts for requesting an academic adjustment. Such publications include recruitment materials, catalogs, and student handbooks, and are often available on school websites. Many schools also have staff whose purpose is to assist students with disabilities. 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 your postsecondary school at any time, you should request it as early as possible. Some academic adjustments may take more time to provide than others. You should follow your school’s procedures to ensure that the school has 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. Your school will probably require you to provide documentation showing that you have a current disability and need an academic adjustment.
What documentation should I provide?
Schools may set reasonable standards for documentation. Some schools require more documentation than others. They may require you to provide documentation prepared by an appropriate professional, such as a medical doctor, psychologist, or other qualified diagnostician. The required documentation may include one or more of the following: a diagnosis of your current disability, as well as supporting information, such as the date of the diagnosis, how that diagnosis was reached, and the credentials of the diagnosing professional; information on how your disability affects a major life activity; and information on how the disability affects your academic performance. The documentation should provide enough information for you and your school to decide what is an appropriate academic adjustment.
An individualized education program (IEP) or Section 504 plan, if you have one, may help identify services that have been effective for you. This is generally not sufficient documentation, however, because of the differences between postsecondary education and high school education. What you need to meet the new demands of postsecondary education may be different from what worked for you in high school. Also, in some cases, the nature of a disability may change.
If the documentation that you have does not meet the postsecondary school’s requirements, a school official should 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. You may, therefore, have to pay or find funding to pay an appropriate professional for an evaluation. 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 at http://rsa.ed.gov by clicking on “Info about RSA,” then “People and Offices,” and then “State Agencies/ Contacts.”
Once the school has received the necessary documentation from me, what should I expect?
To determine an appropriate academic adjustment, the school will review your request in light of the essential requirements for the relevant program. It is important to remember that the school 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 it may offer an effective alternative. The school may also conduct its own evaluation of your disability and needs at its own expense.
You should expect your school 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 your postsecondary school 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 the school 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. You and your school should work together to resolve the problem.
May a postsecondary school charge me for providing an academic adjustment?
No. Nor may it 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, Title II, or both laws. You may contact that person for information about how to address your concerns.
The school must also have grievance procedures. These procedures are not the same as the due process procedures with which you may be familiar from high school. But 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.
School publications, such as student handbooks and catalogs, usually describe the steps that you must take to start the grievance process. 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 of the school’s grievance procedures or wish to pursue an alternative to using those procedures, you may file a complaint against the school 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 us at the addresses and phone numbers below, or at http://www.ed.gov/ocr/docs/
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. You may obtain a copy by contacting us at the address and phone numbers below, or at http://www.ed.gov/ocr/docs/
Students with disabilities who know their rights and responsibilities are much better equipped to succeed in postsecondary school. We encourage you to work with the staff at your school because they, 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.
To receive more information about the civil rights of students with disabilities in education institutions, you may contact us at :
*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 article does not discuss the IDEA or state and local laws that may apply.
Source: U.S. Department of Education, Office for Civil Rights, Students With Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities, Washington, D.C., 2011.
- Esight: Changing the world for people with low vision
- Protective Gear for Service Dogs:
- Scholarships and Aid for Students with Disabilities
- Students with Disabilities Preparing for Postsecondary Education
- Students with Diabetes
- Delta Alpha Pi: DAPi is an international honor society that recognizes students with disabilities for their academic accomplishments.
- Association on Higher Education and Disability (AHEAD)
- Equal Access: Universal Design of an Academic Department
- American Council of the Blind
- Center for Applied Special Technology
- Handspeak: Sign language resources and materials.
- International Dyslexia Organization
- Mattress/Bedding for People with Disabilities
- National Center for Learning Disabilities
- National Center on Secondary Education and Transition
- National Deaf Center on Postsecondary Outcomes
- National Federation of the Blind
- New Jersey Resident Disability Parking Placard
- Pennsylvania Resident Disability Parking Placard
- Pennsylvania Resident Temporary Parking Placard
- Project DO-IT: "Promoting inclusion and success for people with disabilities."
Attention-Deficit/Hyperactivity Disorder (ADHD)
- Attention-Deficit Disorder Association
- Children and Adults with Attention-Deficit/Hyperactivity Disorder
- National Institute of Mental Health ADHD
- National Resource Center on ADHD
- Anxiety and Depression Association of America: Find a support group for depression, including ones that are online or over the phone.
- Depression and Bipolar Support Alliance: Find information on depression, online tools, and connect with support groups.
- Mental Health America (MHA): Founded in 1909, MHA is the nation’s leading community-based nonprofit dedicated to addressing the needs of those living with mental illness and promoting all Americans' overall mental health. Services include the following: prevention services for all; early identification and intervention for those at risk; integrated care, services, and supports for those who need it; with recovery as the goal.
- MentalHealth.gov: Get access to helplines and resources, including mental health resources for veterans.
- National Alliance on Mental Illness: Text for free support or visit the website for resources on depression. Text NAMI to 741741. Note: Message and data rates may apply, depending on your plan and provider.
- National Federation of Families for Children's Mental Health
- National Institute of Mental Health
- LostgotFound.org: Lost Got Found works to eliminate the negative stigma surrounding mental health. The organization exists to educate and inform students about mental illness and suicide prevention.
- National Suicide Prevention Lifeline: Call for help (1-800-273-8255) if you are experiencing thoughts of suicide. All calls are confidential.
- Substance Abuse and Mental Health Services Administration: Call the national helpline at 1-800-662-HELP (4357), or visit online to use the Behavioral Health Treatment Services Locator.
- ULifeline: This website has resources dedicated to mental health for college students, including how to help a friend who might be depressed.
Accessible Web Design and Assistive Technology:
- Ava 24/7 Accessible Life: FREE - Captions conversations between multiple people and converts to text.
- BlindSquare: $$$ - Provides outdoor and indoor navigation for those with visual impairments.
- Bluefire Reader: FREE - Read, highlight, bookmark, and study eBooks with ease.
- Evernote: FREE - Capture and prioritize ideas, projects, and to-do lists, so nothing falls through the cracks.
- Flashcards+: FREE - Download flashcards or create your own!
- iStudiezPro Legend: $$ for Windows/Mac - Keep track of schedules and course work!
- Proloquo2Go: $$$$ - Symbol-based communication app for individuals who are nonverbal.
- Seeing AI: FREE - Recognizes short text, documents, products, and even people and converts to voice.
- SimplyNoise: Use to stay focused while studying or doing homework.
- Stop, Breathe, Think: FREE - Take a study break and unwind with this meditation app.
- Apps for making the best use of your time:
- 360 Thinking Time Tracker: Track schedules by creating time markers to get ready to work, check-in during work, and mark when the job ends.
- Anti Social: Control which social media sites to block while studying.
- Focus Keeper: It's all about focusing work efforts into timed 25-minute chunks, with a 5-minute break in between each burst of activity.
- Freedom: Blocks distractions on iPad and iPhone allow students to focus on what matters most.
- SelfControl: Temporarily disconnect from social networks.
Moravian University, Moravian Theological Seminary, Lancaster Theological Seminary, and the Office of Disability and Accommodations does not endorse any of the resources listed on this page.