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North Dakota Disability Services Council


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College and University Rights and Responsibilities

Colleges and universities have the right to:

  1. Maintain academic, admissions and graduation standards.
  2. Request that a student with a disability provide current documentation completed by a qualified professional source to verify the need for reasonable accommodations, academic adjustments, and/or auxiliary aids.
  3. Discuss a student's need for reasonable accommodations, academic adjustments, and/or auxiliary aids with the professional source of his/her documentation with the student's signed consent authorizing discussion.
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  5. Select among equally effective and appropriate accommodations, adjustments, and/or auxiliary aids for each student on a case by case/course by course basis.
  6. Deny a request for accommodations, adjustments, and/or auxiliary aids if: a) the documentation does not identify a specific disability, b) the documentation falls to verify the need for the requested services, and/or the documentation is not provided in a timely manner.
  7. Refuse to provide an accommodation, adjustment, and/or auxiliary aid that is inappropriate or unreasonable, including any that:

    • pose a direct threat to the health and safety of others;

    • constitute a substantial change or alteration to an essential element of a course or program

    • fundamentally alters the nature of the service provided; and/or pose an undue financial hardship or
    administrative burden on the institution.

Colleges and Universities have the responsibility to:

  1. Review and revise institutional, programmatic, employment and other policies and procedures to assure that they do not discriminate against qualified individuals with disabilities.
  2. Ensure that the institution's courses, programs, services, jobs, activities, and facilities, when viewed in their entirety, are offered in the most integrated and appropriate settings based on a review of what the law requires.
  3. Provide information regarding policies and procedures to students with disabilities in a timely manner and assure its availability in accessible formats upon request.
  4. Evaluate students on their abilities, not their disabilities.
  5. Provide reasonable and appropriate accommodations, academic adjustments, and/or auxiliary aids for students with disabilities upon a timely request by a student.
  6. Maintain appropriate confidentiality of records and communication concerning students with disabilities
    except where disclosure is required by law or' authorized by the student.

More specifically institutions have the responsibility to:

  1. Assist students with disabilities who self identify and meet the college or University's criteria for eligibility in receiving reasonable and appropriate accommodations, academic adjustments, and/or auxiliary aids determined on a case by case/course by course basis.
  2. Assure confidentiality of all information pertaining to a student's disability.
  3. Inform students with disabilities of college, or university policies and procedures for filling a formal grievance both internally and/or through external agencies (e.g., US Department of Education Office of Civil
    Rights).

Colleges and universities are NOT required to:

  1. Reduce or waive any of the essential requirements of the course or a program.
  2. Conduct testing and assessment of learning, psychological or medical disabilities.
  3. Provide personal attendees.
  4. Provide personal or private tutors.
  5. Prepare Individual Education Plans (IEP).

*Adopted by the North Dakota Colleges & Universities Disability Services Council – April 2001.

Adapted from: Effective College Planning - Student Rights and Responsibilities and College or University Rights and Responsibilities. The WNY Collegiate Consortium of Disability Advocates. available:http://www.ccdanet.org/studentrightresp.html [2003, September 12].

Contact us at:
dss@und.nodak.edu


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