Higher Education Accommodations and Student Loan Forgiveness
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1 Higher Education Accommodations and Student Loan Forgiveness Presented by: Stephanie Fajuri, Esq. Supervising Attorney, CLRC Phone 866.THE.CLRC TDD Fax This publication is designed to provide general information on the topics presented. It is provided with the understanding that the author is not engaged in rendering any legal or professional services by its publication or distribution. Although these materials were reviewed by a professional, they should not be used as a substitute for professional services. Disability Rights Legal Center 2015
2 Overview of the CLRC Confidential services English & Spanish or language line Education Model
3 CLRC services are some FREE! Disability Rights Legal Center
4 National Telephone Assistance Line 1. Phone Calls 2. s 3. Letters 4. Faxes 5. Online Intake Form Disability Rights Legal Center
5 Protections in Higher Education ADA and Section 504 of the Rehabilitation Act of 1973 Disability Rights Legal Center
6 Section 504, Rehabilitation Act Prohibits discrimination against students with disabilities by any school with federal funding. Disability Rights Legal Center
7 Americans with Disabilities Act (ADA) Another opportunity for accommodations at school if you have a disability* *Disability = a mental or physical impairment that substantially limits a major life activity (more on this later!) Disability Rights Legal Center
8 Private schools? NOT covered by 504 if no government funds ARE covered by Title III of the ADA Disability Rights Legal Center
9 First things first: ADA/504 Definitions! Disability Rights Legal Center
10 Disability : Physical or mental impairment that substantially limits a major life activity Disability Rights Legal Center
11 Major Life Activity : Walking, Talking, Breathing, Eating Caring for oneself Activities of daily living Reproduction Working (maybe) Disability Rights Legal Center
12 Substantial Limitation : Unable to perform a major life activity Factors: nature and severity; expected or actual duration; and impact of the disability on life. Disability Rights Legal Center
13 To be protected, a student must: Be disabled, according to the law s definition, Have a record of the disability, OR Be regarded as having a disability Disability Rights Legal Center
14 How am I protected during the admissions process? Schools cannot ask about disabilities Not required to disclose your disability Disability Rights Legal Center
15 How am I protected during the admissions process? Opportunity to explain how your disability has affected performance Disability Rights Legal Center
16 College/post grad entrance exams: Accommodations through College Board (SAT, AP exams) Entrance exams (GRE, LSAT) Can take 7 weeks or longer Disability Rights Legal Center
17 How am I protected once I start school? Reasonable Accommodations : Generally, schools are required to make accommodations for students Disability Rights Legal Center
18 Reasonable Accommodation Examples: Presented Extra by: time Jane Doe, on Esq. exams Note-taker services Access to adaptive technology Disability Rights Legal Center
19 Who has to offer accommodations? Presented ALL by: school Jane Doe, programs Esq. Extra-curricular activities Housing Disability Rights Legal Center
20 The Reasonable Accommodation Process: Student: Start the request with Disability Services Coordinator School: must keep request confidential can require medical documentation Disability Rights Legal Center
21 The Reasonable Accommodation Process: When to request?: BEFORE your performance is affected! Disability Rights Legal Center
22 What can medical documentation include? Info about: 1) nature, severity, and duration of impairment; 2) activities limited; 3) how substantial the limitation is; and 4) how your disability affects your participation in school Disability Rights Legal Center
23 What if my accommodation request is denied? Check to see if there is an appeals process Consider talking directly to your professor or another faculty member Disability Rights Legal Center
24 What if I think my school is discriminating against me? Talk to the person in charge of accommodations Follow your school s grievance procedures File a complaint with the Office of Civil Rights Disability Rights Legal Center
25 Resources: US Department of Education Office of Civil Rights US Department of Justice Civil Rights Division Disability Rights Legal Center
26 What if I am unable to pay back my student loans? Disability Rights Legal Center
27 What if I am unable to pay back my student loans? Deferment Forbearance Total Permanent Disability Discharge Disability Rights Legal Center
28 What if I am unable to pay back my student loans? Deferment Economic hardship Military duty Inability to find work Disability Rights Legal Center
29 What if I am unable to pay back my student loans? Forbearance Mandatory or discretionary Disability Rights Legal Center
30 What if I am unable pay back my student loans? Total and Permanent Disability Discharge Disability Rights Legal Center
31 Total and Permanent Disability Discharge Important note: Presented ONLY by: Jane Doe, for Esq. Federal loans, NOT private! Disability Rights Legal Center
32 Total and Permanent Disability Discharge Application with US Department of Education SSDI/SSI, Veteran, Long Term Disability Disability Rights Legal Center
33 Total and Permanent Disability Discharge If approved, loans are discharged Possible 3 year monitoring period Disability Rights Legal Center
34 Total and Permanent Disability Discharge Important: If loans are discharged, amounts over $600= taxable income unless insolvent Disability Rights Legal Center
35 Total and Permanent Disability Discharge Reinstatement is possible Denied? Request re-evaluation Disability Rights Legal Center
36 Resources U.S. Department of Education Phone: Student Loan Borrower Assistance A Project of the National Consumer Law Center Disability Rights Legal Center
37 Questions? THE-CLRC Disability Rights Legal Center
Assisting Student Loan Borrowers Distress and Disputes
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