Navigating the hidden curriculum, or the unspoken academic and social norms, of an institution can be more challenging for a student who identifies as a coming from a lower socioeconomic status and having a disability, as they may not have access to the knowledge or resources on how to navigate the higher education accommodation disclosure process. There is a lack of transparency for prospective students as they are trying to navigate through the process to get accommodations. To improve equity within institutions, individuals with disabilities, including those with varying socioeconomic classes and other identities, must have better access to accommodations in higher education.
One huge challenge many students face is that their previous documentation of a disability is often turned away. Higher education institutions currently are not required to consider Individual Education Programs (IEPs) or 504 Plans as proof of documentation of a disability in a higher education environment. IEPs are utilized in public K-12 education and is, essentially, a contract between the parent and the school communicating what services the school district will provide to the student. Under the Individuals with Disabilities Education Act (IDEA), the IEP ensures each student receives a free and appropriate education public schools (National Center for Learning Disabilities, n.d.). A student who received services under IDEA (special education) had an IEP. Other students with disabilities have a different form of documentation: a [Section] 504 Plan which provided them with classroom accommodations for their disability. Under Section 504 of the Rehabilitation Act of 1973 which prevents discrimination for people with disabilities in places that receive federal funds, so public schools utilize 504 Plans to remove educational barriers (Understood, 2023).
When the student’s IEP or 504 Plan is not accepted, they typically are directed by an institution’s disability services office to obtain a new evaluation. This evaluation is a significant financial barrier because neuropsychological testing can cost between $500 and $2,500+ (National Center for Learning Disabilities, 2021). Many health insurance companies do not cover the cost of neuropsychological testing, leaving students to pay for it on their own. In addition, in some rural areas there are a lack of doctors, and of those they may not have a lot of availability.
As a result, students find themselves spending time, money, and resources to pay for neuropsychological testing to essentially “reprove” their learning or other disability, which should have been captured in their IEP or 504 Plan documentation. Individuals with disabilities do not outgrow their disability and it is one part of their many intersecting identities. For students with varying access to financial resources, the cost of this testing (which can take 5-8 hours) can place a burden when they rely on accommodations to succeed in college. It is important to note, that according to Cortiella and Horowitz (2014), “94% of students with LD [Learning Disabilities] received accommodations in high school but only 17% received accommodations in postsecondary education” demonstrating significant barriers to access. It is important to also note that there is a large number of students who choose not to disclose in undergrad, including myself who did not disclose until graduate school because I had felt in undergrad that my disability no longer impacted me. Disability is still often left out of the diversity, equity, and inclusion conversation and stigma continues to exist about disabilities on college campuses.
A Legislative Solution to Removing Barriers: Respond, Innovate, Succeed and Empower Act (RISE)
Passionate advocates have been pushing for the passage of the Respond, Innovate, Succeed and Empower Act (RISE Act) in Congress. The purpose of the RISE Act is to make college more accessible for those with disabilities, help students thrive by providing them information on services that college disability offices provide and to provide better training for faculty to support those with disabilities. The primary barrier that the RISE Act addresses is obtaining a new evaluation: it would require colleges to consider IEPs and 504 Plans as proof of documentation. Since its first proposal in Congress in 2016, advocates including those from the National Center for Learning Disabilities (NCLD), have been advocating for its passing by meeting with members of Congress to share their stories.
As an advocate with NCLD, I and others from Massachusetts gained Senator Ed Markey’s (D-MA) support and he has co-sponsored this important legislation. In addition to the cost of testing to prove a disability, the RISE Act would improve training and support for faculty to better support individuals with disabilities. In the 117th Congress, the RISE Act was incorporated into the Mental Health Matters Act (HR 7780) which passed the House of Representatives, but never made it to the President’s desk to be signed into law (H.R.7780 – 117th Congress (2021-2022), 2022). The 118th Congress began this past January and our tireless work is needed to continue to push for this legislation. Since January 2023, I have advocated and gained co-sponsorship of the RISE Act from Representatives McGovern and Lynch (H.R.2401 – 118th Congress (2023-2024), 2023).
A Call to Action for Higher Education Professionals
As a Massachusetts resident, I spent some time benchmarking public higher education institutions in my state. I found that most Massachusetts public colleges and universities do not consider IEPs or 504 Plans.
Many institutions require disability documentation to be “current.” Massachusetts higher education institutions have significant variation in what is considered “current”, ranging from three to seven years in my review. In reality a disability diagnosis does not go away. Public higher education institutions should have a consistent documentation process that meets the needs of the wide range of students who hold multiple identities. Students who transfer institutions such as from community college to a state university or a UMASS school must navigate a new accommodation process and cannot guarantee the accommodations they had at a prior institution will transfer. This can be confusing for students to navigate when in reality their accommodations should not need to be changed.
Massachusetts has consistent admission standards for students for both State Universities and the UMASS system (Massachusetts Department of Higher Education, 2019). If there were consistent disability documentation requirements, it would allow students to have greater equity in accessing public education and more transparency. In order to keep in mind the many intersecting identities that individuals with disabilities hold, it is critical to advocate for consistent documentation guidelines across state university systems to have greater equity. While the RISE Act is not yet federal law, states and institutions can improve their own policies to improve access to accommodations.
Navigating the Hidden Curriculum as a Student with a Disability
As educators, we must remember to keep in mind the holistic view of the student and not only train faculty but also staff who shape and develop the student experience outside the classroom. As more students with disabilities enter higher education, staff outside of Disability Services need to be trained on inclusive practices to support those with disabilities and their many intersecting identities and not only preaching inclusivity and universal design but following through as well. When students disclose to the college Disability Services office, accommodation letters are often sent to faculty members but it is up to the student if they would like to disclose outside the classroom to other staff members on campus. All offices in Student Affairs must take ownership of supporting those with disabilities outside the classroom. According to the book, Beyond the Americans with Disabilities Act “A basic recommendation is to hold all offices responsible for accommodating students with disabilities, rather than assuming that disability services will handle all disability-related accommodations” (Vance et al., 2014, p. 137). Students may be unsure of how to disclose and what they may need. For example, if a student is asking for a request such as typed out interview questions for a student leadership position, think about how this may benefit all students including those whose first language may not be English, those who are visual processors and or have slower processing speed. Accommodations through Disability Services impact college classes, but outside their academics, students often have to navigate processes independently, such as a Resident Assistant position on their own. With the stigma around disability on college campuses, universal design is critical. Universal design may look like this: social media has alt text images, providing documents ahead of time so students can process them, enabling closed captioning and/or live Powerpoint captions. Student affairs professionals must work to support the growth and development of all students’ many intersecting identities; some of which may be invisible or never disclosed.
So What Now?
Passing the RISE Act would increase equity for students with disabilities by providing them an understanding with clearer access to accommodations in higher education as well as greater information on college’s website about the services that the office provides (NCLD, 2019). Higher education institutions must support those with intersecting identities including those who are from lower socioeconomic class who may not have the financial funds to pay for testing.
- The most systemic call to action is passing the RISE Act. Write to your members of Congress here.
- While we advocate on the federal level, policies can and should be improved on the campus and or the institutional level.
- On campus, student affairs should take a holistic view and consider disability in all initiatives.
Application to Student Affairs
Discussion questions:
- How inclusive are the documentation requirements and are they consistent with other similar higher education institutions?
- How do students request/advocate for accommodations through your office for items such as events, interviews, in student staff positions?
- How inclusive are your office policies for individuals with disabilities and other identities including the recruitment, onboarding, and training aspect for student staff?
- How can your office implement greater accessibility for students as only faculty receive accommodation letters from the Office of Disability Services?
- How does your office train Student Affairs student and professional staff on inclusive ways support individuals with disabilities as so many types of disabilities are invisible?
- How do you define “diversity, equity, and inclusion” in your office? If you are currently not considering disability, why do you believe disability was not previously considered and what changes can you make?
References
Association on Higher Education and Disability. (2012). Supporting accommodation requests: Guidance on documentation practices.
Cortiella, C., & Horowitz, S. H. (2014). The state of learning disabilities: Facts, trends and emerging issues. New York: National Center for Learning Disabilities, 25(3), 2-45.
H.R.2401 – 118th Congress (2023-2024): RISE Act. (2023, March 30). https://www.congress.gov/bill/118th-congress/house-bill/2401
H.R.7780 – 117th Congress (2021-2022): Mental Health Matters Act. (2022, October 11).
https://www.congress.gov/bill/117th-congress/house-bill/7780
Massachusetts Department of Higher Education, (2019). Undergraduate admissions standards for the Massachusetts State University system and the University of Massachusetts. https://www.mass.edu/foradmin/admissions/documents/DHEAdmissionsStandardsReferenceGuide_2019.pdf
National Center for Learning Disabilities. (n.d.). Learning the law: IDEA. Retrieved March 29, 2023, from https://www.ncld.org/get-involved/learn-the-law/idea/
National Center for Learning Disabilities, (n.d.). The RISE Act: Making college accessible for students with disabilities. https://www.ncld.org/wp-content/uploads/2016/12/RISE-ACT-One-SheeterD6.pdf
National Center for Learning Disabilities (2021). Respond, Innovate, Succeed, And Empower (RISE) Act of 2021. https://www.ncld.org/wp-content/uploads/2021/07/Summary-of-the-RISE-Act-2021.pdf
Understood. (2023). IEP vs. 504 plan: What’s the difference? Understood. Retrieved March 29, 2023, from https://www.understood.org/en/articles/the-difference-between-ieps-and-504-plans?utm_source=google-search-grant&utm_medium=paid&utm_campaign=EN_GSC_FAM_LJ_Legal_504_IEP_NB&gclid=CjwKCAjw_YShBhAiEiwAMomsEFWw6suArCKFxbgqpORi6gre8SpbcOiSjrb-MaknyrDkC8-aqwhyPRoCzKkQAvD_BwE
Vance, M. L., Parks, K., & Lipsitz, N. E. (2014). Beyond the Americans with disabilities act: Inclusive policy and practice for higher education. NASPA-Student Affairs Administrators in Higher Education.
About the Author:
Erin Mayo (she/her) is the Assistant Director of Student Accessibility Services at the College of the Holy Cross. Erin serves on the Directorate Board for ACPA’s Coalition on Disability as well as the ACPA Equity and Inclusion Advisory Board. She was published in the AHEAD sponsored book: DISABLED Faculty and Staff in Higher Education: Intersecting Identities and Everyday Experience which came out in July 2023.