Know Your Rights: Self-Advocacy for College Students

Transcription

1 Know Your Rights: Self-Advocacy for College Students Amanda Cedrone, College Diabetes Network Jo Treitman, College Diabetes Network Katharine Gordon, American Diabetes Association Sara Nicastro, Moments of Wonderful February 5, 2014

2 Self-Advocacy at College The Student Perspective: Taking Ownership of Your Diabetes at College The Legal Perspective: Knowing Your Rights on Campus and Beyond The Administration Perspective: How to Develop the Best Possible Relationship with the College Faculty and Staff

3 Diabetes, College and Disability Services Many young adults with diabetes do not register with Disability Services. Why not? Some students with diabetes are dissuaded by the term disability. Students sometimes feel guilty about registering for disability services accommodations. Disability simply refers to something that influences how people treat you and their assumptions. It s not the individual, it s the product of their environment. There are lots of reasons why you should register!

4 Disability/Auxiliary Services Office This office is the central resource for assistance on campus. It s precise name may vary. For example: Academic Support and Access Center Student Support Services Office of Disability Resources It s important to register as soon as possible with Disability Services. Register even if you are not currently having difficulties. Remember that anything you tell Disability Services will remain confidential. Your privacy is protected by federal law (with certain narrow limits).

5 Why Register If you do poorly on a test or assignment because of low/high blood sugar, but you haven t registered, you will have to accept the lower grade. Some professors don t allow food or drink in their classroom. If you register with disabilities services you can add this as an accommodation. Accommodations also extend to housing situations. It is easier to get standardized testing accommodations. 504 Plans or IEPs from high school can serve as a guide for possible accommodations in college.

6 Advantages of Disclosure Disclosing your diabetes allows you to receive the accommodations you need. Disclosing your diabetes can improve your self-image because you are advocating for yourself. It will provide you with legal protection.

7 Disadvantages of Disclosure Some people find that disclosing their diabetes can bring up conflicting selfimages. Revealing personal information to strangers can be hard for some people. Some people with diabetes have feelings of guilt when asking for accommodations because of their diabetes. Sometimes people face discrimination on the basis of their diagnosis of diabetes alone.

8 When and How to Disclose The first few weeks of school are usually an important window of time to register for Disability Services. Check in with your professors in the first few weeks of classes to let them know you have diabetes and that you are registered with Disability Services. Type 1 Diabetes Cheat Sheet available at: collegediabetesnetwork.org. Going to College with Diabetes available at

9 Diabetes Emergencies on Campus Make new friends that you feel comfortable going to if you re ever in a pinch. If you drink alcohol, make sure you re with a friend who knows that it can lower blood sugar. Wear your medical alert ID at all times.

10 Legal Rights of Postsecondary Students with Diabetes 1) Federal Laws: Americans with Disabilities Act and Section 504 of the Rehabilitation Act 2) Differences Between K-12 and Higher Education 3) Admissions 4) Outside of the Classroom 5) Resolving Problems

11 Federal Antidiscrimination Laws Key Laws Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Basic Considerations Eligibility: Diabetes is a disability Discrimination: Harassment and denial of access Accommodations: Leveling the playing field

12 Defenses: Common Excuses The Law Doesn't Apply to Us Title II: Public schools Title III: Private schools Section 504: Most public, private, and religious schools Honor Students Can t Have Disabilities I Can t Tell the Professor What to Do Fundamental Alteration is more than inconvenience. We don't have any funding for that Undue Burden is a high standard.

13 K-12 vs. Higher Education Care Assistance Monitoring Independence Free Appropriate Public Education vs. Equal Access K-12 schools must identify students vs. students must self-identify 504 Plan or IEP vs. No Formal Written Plan Communication with parents vs. student privacy

14 Admissions No Obligation to Disclose Schools May Not Ask Example: Police Academy program at community college retracts admission offer after medical exam. Evaluation of Resources before Admission Is there a CDN chapter? Web research Health care team Diabetes community recommendations Evaluation of Resources after Admission

15 Standardized Exams ADA Title II State Licensing Agencies Medical Boards, Nursing Exam, Bar Exam ADA Title III Private Organizations Undergraduate ACT, SAT, AP Graduate GRE, LSAT, MCAT, GMAT Accommodations Check ahead about diabetes equipment, supplies and food. Preference for extra breaks rather than extra time.

16 Standardized Exams Past Accommodations Must Be Considered: When considering requests for modifications, accommodations, or auxiliary aids or services, the entity gives considerable weight to documentation of past modifications, accommodations, or auxiliary aids or services received in similar testing situations, as well as such modifications, accommodations, or related aids and services provided in response to an [IEP or 504 Plan]. 28 CFR (b)(1)(v).

17 Clinical Courses/Internships/Jobs Clinical Courses Nursing student wants to carry glucose tabs with her. Internships Graphic design student wants a private place to test blood glucose. Jobs On-campus recruiter for police department asks if you have diabetes. More Information diabetes.org/employmentdiscrimination

18 Athletics Harassment New coach benches varsity starter with scholarship. Fundamental Alteration Medical ID bracelet ban. Student misses practice because of DKA and coach doesn t play her in next game. She plays the next. Getting Fair Treatment

19 Students and Administrators Communicating with administrators Parents Helicopter parents FERPA

20 Students and Administrators Privacy and sharing of information FERPA and release of information Shared with those providing support services and accommodations Continuum of disclosure

21 The Accommodations Process Provide Disability Services with Medical Documentation 1) Diagnosis of diabetes along with your symptoms; 2) Explanation of how diabetes is a disability; and 3) Request for specific accommodations clearly explaining connection to diabetes and necessity

22 The Accommodations Process Sample Medical Documentation:

23 The Accommodations Process Disability Services Letters to Professors 1) Give accommodations letter to each professor at beginning of semester 2) Seek to speak to professor as well 3) Professor should keep this confidential

24 The Accommodations Process Sample Disability Services Letter:

25 Common Accommodations Checking blood glucose in classroom Personal refrigerator for medical supplies in residence hall room Priority housing registration Rescheduling of exam if experiencing an out of range blood glucose Breaks between separate sections of long exams to check blood glucose Excused absences for diabetes-related absences and the ability to make up work Priority class registration

26 Uncommon Accommodations Some accommodations regularly granted in K-12 are rarely granted in postsecondary education: Training of others in diabetes care, including emergency care Extra time on exams (as opposed to extra breaks during an exam) Exemption from course requirements Retroactive modifications, e.g., grade changes

27 Resolving Problems 1) Education Educational materials Health care professional letter 2) Negotiation Informal Disability Services assistance Internal school grievance procedures 3) Litigation Complaints to Office for Civil Rights, Department of Justice, or state enforcement agencies Lawsuits in federal or state court 4) Legislation Americans with Disabilities Act Amendments Act

28 We Can Help If you are not being treated fairly Call: DIABETES ( ) Ask how you can speak to a legal advocate Free information and assistance Connection to attorneys when appropriate

29 You Can Help diabetes.org/takeaction Text ACTNOW to Become a Diabetes Advocate today! Why should you get involved? We re not looking for experts on the law, we re looking for experts on life with diabetes. Nothing is more powerful than your personal story. Especially at the state level, your voice is decisive.

30 We Can Help MomentsofWonderful.com Experiences of an adult with type 1 diabetes, diagnosed during college. Connections to the diabetes online community. YouCanDoThisProject.com Stories of people with diabetes supporting and encouraging each other. "Be a light in someone's darkness. youcandothisproject.com/category/college

31 We Can Help Approximately 40 campus chapters Job opportunity information Scholarship information Resources for high school students, college students, and parents

32 Thank You for Participating in this Webinar! We would love your feedback! Feel free to contact us at any time. Amanda Cedrone, The College Diabetes Network collegediabetesnetwork.org Sara Nicastro, Moments of Wonderful momentsofwonderful.com Katharine Gordon, American Diabetes Association

33 The American Diabetes Association s Legal Advocacy activities are supported by a grant from Novo Nordisk.