Student Rights and Responsibilities

Confidentiality

All disability documentation is considered confidential information and does not become part of the student’s general record or academic transcript. All disability related information is kept in locked files in the Special Populations office. This information is released only in accordance with the law and SMC policies and procedures.

Disclosing a Disability

Students are under no obligation to disclose their disability unless an accommodation is being requested. Faculty and staff have no authority to see disability documentation or have any information concerning a student’s disability without a legitimate educational need to know. Students are asked to give permission to share recommended accommodations with their instructors.

Legal Rights

The U.S. Office of Civil Rights (OCR) enforces Section 504 of the Rehabilitation Act of 1973 and Title II of the American with Disabilities Act of 1990. Southwestern Michigan College is required to provide appropriate academic accommodations as necessary to ensure that it does not discriminate on the basis of disability and provide equal access to educational opportunities. Students with disabilities must meet the same academic and behavioral standards as non-disabled students.

Differences in Legal Rights and Responsibilities in Secondary and Post Secondary Education Programs

	Secondary Education	Post Secondary Education
What is the Law?	IDEA: Individuals with Disabilities Education Act 504: Section 504 of the Rehabilitation Act of 1973 ADA: Americans with Disabilities Act of 1990	504: Section 504 of the Rehabilitation Act of 1973, Subpart E ADA: Americans with Disabilities Act of 1990
The Intent of the Law	IDEA: To provide a free, appropriate public education in the least restrictive environment to identified students with disabilities, including special education and related services. 504/ADA: To ensure that no other wise qualified person with a disability is denied access to benefits of, or is subject to discrimination solely on the basis of disability	504/ADA: To ensure that no other wise qualified person with a disability is denied access to, benefits of, or is subject to discrimination solely on the basis of their disability.
Who is covered under the law?	IDEA: All infants, children and youth requiring special education services until age 21 or graduation from high school. (Michigan until age 26)	504/ADA: All qualified persons with disabilities who, with or without reasonable accommodations, meet the college's admissions requirements and the specific entry level criteria for the specific program and who can document the existence of a disability as defined by Section 504.
Definition of a disability	IDEA: A list of 13 disability classification areas is defined in IDEA and includes specific learning disabilities. 504/ADA: A person with a disability is defined as anyone who has: (1) any physical or mental impairment which substantially limits one or more major life functions, (2) a history of such impairment, (3) or is regarded as having such impairment.	504/ADA: A person with a disability is defined as anyone who has: : (1) any physical or mental impairment which substantially limits one or more major life functions, (2) a history of such an impairment, (3) or is regarded as having such an impairment. ADA: also includes HIV status and contagious and non-contagious diseases.
Responsibility for identifying and documenting need	School districts are responsible for identifying and evaluating potential students with disabilities. When students are identified the school district develops an individualized plan at no expense to the family.	Students are responsible for self identification And for obtaining disability documentation from a professional who is qualified to assess their particular disability. The cost of the evaluation is assumed by the student.
Responsibility for initiating services	School districts are responsible for identifying students with disabilities and providing special education services.	Students are responsible for notifying the Special Populations/Disability Services staff of their disability and their need for reasonable accommodations. Accommodations are provided on a individualized, as-needed basis in order for students with disabilities to have equal access to the institution's programs and activities.
Who is responsible for enforcing the law?	IDEA is an entitlement law, enforced by the Office of Special Education and Rehabilitation Services in the U.S. Department of Education.	504/ADA: are civil rights laws overseen by the Office of Civil Rights and the U.S. Department of Justice in conjunction with the Equal Employment Opportunity Commission.
Advocacy	The parent of guardian is the primary advocate. Students with disabilities from age 14 on must be invited to participate in IEP conferences and decisions.	Students must voluntarily self-identify and discuss their disability and needs in order to request services from Special Populations/Disability services staff. The Family Educational Rights and Privacy Act (FERPA) guarantees student confidentiality. Conversations with parents regarding confidential information without written consent from the student are illegal.