Department of Education Issues ADA Amendments Act Dear Colleague Letter to Provide Guidance Under Amended Legal Standards

The Department of Education's (Department) Office for Civil Rights (OCR) today issued a Dear Colleague letter concerning the Americans with Disabilities Act Amendments Act (Amendments Act). The letter and accompanying Frequently Asked Questions document (FAQ) provide additional guidance on the requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) in elementary and secondary schools, given the changes to those laws made by the Amendments Act.

 "We must continue to take steps to enable every child, regardless of disability, to reach their full potential," said U.S. Secretary of Education Arne Duncan. "This guidance reiterates the Department's commitment to ensure that educational opportunity is provided free from disability discrimination."

The Amendments Act, effective Jan. 1, 2009, amends the ADA, as well as the Rehabilitation Act. The Amendments Act broadened the meaning of disability and, in most cases, shifts the inquiry away from the question of whether a student has a disability as defined by the ADA and Section 504, and toward school districts' actions and obligations to ensure equal education opportunities.

Today's Dear Colleague letter and FAQ discuss the various obligations of school districts, such as the requirement to evaluate students for disability, and provide a free appropriate public education to students with disabilities, as well as the changes made by the Amendments Act.

"It is critical that school districts remain vigilant in their duty to protect the civil rights of all their students, including students with disabilities.  When Congress changes the law affecting those rights, districts must ensure that their policies and practices reflect this altered landscape," said Assistant Secretary for Civil Rights Russlynn Ali.

To review the Dear Colleague letter, please visit http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201109.html. The FAQs are posted at http://www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.html. More information about OCR can be found at http://www2.ed.gov/about/offices/list/ocr/index.html, as well as Facebook.com/EDCivilRights and Twitter (@Edcivilrights).

Are For-Profit Colleges Good Alternatives to Other Post-Secondary Education Options?

The "Gainful Employment" Rule

Many individuals with disabilities attend for-profit colleges and other career-training programs due to difficulties in the traditional post-secondary education environment, such as high grade and test-score requirements, long waitlists, and lack of disability services. However, disabled individuals must be aware of the potential risks involved with attending a for-profit college. 

On June 2, 2011 the Department of Education released its final rule designed to hold for-profit colleges and career training programs accountable for preparing their students for employment. The "Gainful Employment" rule ensures that schools that fail to demonstrate that their programs prepare their students for "gainful employment" would risk losing their eligibility to participate in federal education grant and loan programs. The rule mandates that programs would lose their eligibility to dispense federal student aid if, over the next four years, their graduates fail to meet new benchmarks for loan repayment and ratio of debt to income.

For-profit colleges have been sharply criticized over the past year for their recruiting practices – which aggressively target low-income, minority, single parent, and disabled students, all of whom often do not have other options for post-secondary education – and for the rate of their students' loan defaults.  While these schools make enormous profits, many fail to adequately educate their students, leaving students with massive debt, and no job to pay it off. Students enrolled in for-profit schools represent just 10 percent of all undergraduate students, but account for 44 percent of all student loan defaults.

While for-profit colleges can provide a valuable educational opportunity for students, people with epilepsy and other disabilities must be aware of the potential threats and tactics involved with for-profit colleges. For-profit colleges have been reported to use relentless and harassing recruiting tactics, focused heavily on vulnerable disabled students. Often, for-profit colleges make promises they cannot keep, such as disability support services, employment advisors, and individualized attention. Even when a school does not fulfill the promises recruitment officers may have made, students are still saddled with enormous debt if they decide to withdraw from the program.

Students have a fundamental right to education, not crushing debt. While these for-profit colleges can provide valuable services to disabled individuals, the decision to attend one of these programs must be made with research and deliberation, to avoid the potential dangers of these businesses.