Michael F. Shaughnessy
Senior Columnist EdNews.org
Eastern New Mexico University

1) First of all, tell us a little bit about you, your background, and what you do.

I started my advocacy career by assisting a family member with a disability in 1995. Over the years I have attended numerous training opportunities in special education law conducted by COPAA, The ARC, Advocacy Inc. and the Learning Disabilities Association of Texas. In addition, I have undergone mediation training approved by the State of Texas and have been certified as a 504 hearing officer. Since 1995, I have been a special education non-attorney lay advocate primarily focusing in K-12 public schools on issues relating to the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and the American's with Disabilities Act.During this timeframe, I have participated in over 200 special education, Section 504 meetings and over 100 hours in mediation meetings with various education entities.Over the years, I have lectured to various groups including The ARC of Greater Houston, The Learning Disabilities Association of Fort Bend County, Future Horizons, The Texas State Autism Conference and The HYLA Young Lawyers in Schools Committee and the Center For Children Law and Policy.Last year I expanded my practice to include serving college students with disabilities.

I focus in assisting families in understanding their student's disabilities and how an entity can assist them in providing reasonable accommodations.

2) When an adolescent graduates from high school, they are supposed to receive "transition" services to college or university. In your mind, is this happening, and why or why not?

The key word is "supposed" to receive transition services.The reality is most states do a dreadful job.With few exceptions, most states at best are providing lip service.The reason is that most states believe erroneously that their job is purely to assist the student academically and are not responsible to address the functional needs.The Individual's with Disabilities Education Act (IDEA) has mandated that schools develop a statement of measurable annual goals including academic and functional annual goals.

Pete Wright, author of Wrightslaw states, "The term "functional" is generally understood to refer to skills or activities that are not related to a child's academic achievement.Instead "functional" is often used in the context of routine activities of daily living." See commentary in the Federal Register, Page 46661.

There are students with disabilities that have the academic ability to handle the rigors of college curriculum but because of difficulties with community living skills are unable to live independently at the college level.This situation is most evident with students with high functioning autism spectrum disorders such as Asperger's Syndrome.Recent statistics have shown that one person in 156 suffers from an Autism Spectrum Disorder.These students need training in community and social skills and by and large, most secondary schools are not meeting their responsibility.It is an absolute travesty.

The other problem is that public schools don't understand the needs of students for transition and are not trained to provide that assistance.While public schools were developed through the principle of 'In Loco Parentis", more often than not, they are not the experts in educating students.

3) We are still mourning the loss of life, and injury that occurred at Virginia Tech. But the issue is, and the question is "Are some emotionally disturbed individuals with psychiatric or mental health problems, or psychological problems simply not appropriate for a college campus? Or even a community residence?

I think we must be very cautious in making knee jerk decisions about the recent incident in Virginia Tech.As a parent of incoming freshman at a state college this fall, I am certainly concerned. Colleges and schools are not the only places where people "snap".It happens in work sites such as the postal service and other settings. We must be mindful that we are still a nation of laws.The problem is that over the years, Congress has cut funding on mental health support and facilities to those who really need it.Private insurers provide minimal psychiatric benefits for families.As a free and open society, unless you have committed or threatened someone with a violent act, law enforcement cannot act.Mentally ill people also have rights to participate fully in society.Unless an individual has shown and is recognized to be a danger to ones self or to others, an institution runs the risk of being sued on a civil rights claim.On the other hand, if a student has made a documented threat against another student, then certainly the institution has a duty to act in the interest of safety for the institution and its students.

4) We all want individuals with hearing impairments, and vision problems to do well in college. However, not all colleges and universities provide Orientation and Mobility Services, audiologists are few and far between, and many faculty just end up "winging it".

Is this the way things should be?

The fundamental issue in your question is accessibility for the vision and hearing impaired.Institutions must make their facilities accessible and if "winging it" prevents vision-impaired students from accessing programs or services, they would likely run afoul with the Office of Civil Rights (OCR).It has been recommended that entities perform a self-examination of their compliance with ADA.There are many institutions that embrace accessibility issues while others have not.I have found that for those institutions that do the best job have culture of demonstrating concern for the disability community. If a person feels that their institution is not providing sufficient access, I would suggest filing a complaint with the institution or OCR.

5) I personally serve our state on a Traumatic Head Injury Board. Are colleges and universities being confronted with more and more complex student exceptionalities and are they prepared to deal with such intricate conditions?

Yes, institutions are being confronted with more complex exceptionalities.I am not so certain that they are doing enough however to train their staffs.I mentioned the increased incidence of Autism Spectrum Disorders in a previous question.Asperger's Syndrome a high functioning Autism Spectrum Disorder is becoming more and more prevalent in colleges and universities.OCR in a Letter to Kehoe at Long Beach City College in September 2005, stated that due to the explosive growth of this population it strongly urges Colleges "to engage in a substantial faculty in-service" to address the needs of these students.Clearly, colleges are required to provide staff training to reduce the likelihood of discrimination to students.

6) I know that many universities have "support groups" for survivors, or for students with exceptionalities or disabilities or handicaps or whatever the latest politically correct term is.....are these support groups really able to provide the emotional support , encouragement and concern for said students?

I don't know.They may be helpful to some. But the real issue is to help integrate the student to be part of the greater university community and not be socially isolated.Some students may need social mentors to get them involved in school activities.Personally, I believe the one to one approach of peer helping peer (preferably a non-disabled peer) is much more successful.Student Offices of Disability Services should embrace this approach and foster development of similar programs.

7) The student says "I bombed your test because I ran out of money and couldn't buy my Ritalin or Adderol, Cylert, Concerta, Strattera or whatever medication they are on to help them concentrate. They want to take the test over now, two weeks later. What's an instructor to say? 

I would give that a 20 on the American Bandstand Scale.You can't dance to it and I don't like the lyrics.It is incumbent upon the student to request the accommodation when he realized that he/she was unable to take his/her medication.The student certainly understands what happens if he/she isn't on his medication and the lack of concentration.The time to request to the accommodation is prior to the examination.

8) How much training should college and university instructors receive in working with students with learning disabilities and who should provide it?

At minimum, they should have a working knowledge of the disability to extent that it affects the accommodations that have been approved.Professors should seek guidance and support from the Office of Student Disabilities.

9) What question have I neglected to ask?

What is the biggest problem facing a student with a disability that plans to attend an institution of higher learning?

Most students with disabilities that are now being admitted to institutions of higher learning have been served previously in K-12 schools through the IDEA. After high school the landscape changes dramatically as IDEA no longer applies and the students now find themselves subject to the rules of Section 504 or the Americans with Disabilities.The statutes are very different and the institutions are required to do considerably less.The problem is that most students and their families are often not able to navigate the system and many times have difficulty acquiring the accommodations that they need.In many cases those difficulties arise to legal proceedings.

What services do you provide to the student and their families?

I attempt to help them understand the disability in context to Section 504 and ADA and how the system can or cannot accommodate them.In most instances, I can head off an expensive legal battle and help both the institution and family work out the matter before it gets out of hand.

10) Do you have a web site where one can get more information?

http://www.collegedisabilityadvocates.com

Published May 9, 2007