Overview of the ADA, its importance for students with disabilities in higher education, including rights and protections provided.

Explanation of Section 504, focusing on its application in educational settings, and how it complements the ADA.

Information about the VDA and its specific provisions for Virginians with disabilities.

Detailed information on students’ rights under each act, including the right to reasonable accommodations, non-discrimination, and equal access to educational opportunities.

Examples of common accommodations in college, such as extended test time, note-taking services, and accessible housing.

Overview on addressing grade discrepancies and related concerns as a student touches on several critical steps and resources that are important to navigate these situations effectively. Here’s a streamlined guide based to assess students facing such issues:

Documenting Grade Discrepancies:

Collect Evidence: Keep a detailed record of all relevant materials, including assignments submitted, communications with instructors, and any received feedback to support your case.

Following University Procedures:

Understand the Appeal Process: Familiarize yourself with and follow the specific appeal processes set by your university for addressing grade concerns and disputes.

Communicating with Instructors:

Engage in Dialogue: Reach out to your instructor for a clear understanding of how your work was assessed and to express any discrepancies you identify in your grade.

Navigating the Appeal Process:

Monitor and Participate: Actively monitor the status of any submitted appeal and engage with the process by providing requested information promptly.

Utilizing Disability Services:

Seek Support: Consult with the disability services office at your university to ensure fair treatment and to address any accommodation issues.

Documenting Communications:

Keep Records: Document all interactions and communications related to your appeal or any grievances, noting dates, times, and the participants of these communications.

Staying Informed:

Follow Up Regularly: Stay in contact with relevant university offices to keep abreast of any developments or updates regarding your case.

Pursuing an External Investigation:

External Resources: If the internal resolution process does not address your concerns, consider escalating the issue to external bodies such as the Department of Education or the Department of Justice for issues related to federal education laws.

Addressing Concerns through an Accrediting Body:

Leverage Accreditation: If applicable, explore options for raising your concerns with the accrediting body overseeing your university, which may have protocols for handling academic and equity issues.

The Key Takeaways:

The importance of adhering to established procedures, maintaining open lines of communication, and documenting all aspects of the appeal process cannot be overstated.

Understanding your rights and the resources available to you, including those provided by external bodies and accrediting agencies, is crucial in effectively addressing any grade discrepancies or discrimination concerns.

Always consider seeking legal advice when necessary to ensure your rights are fully protected and to navigate complex situations effectively.

Following these steps can help ensure that your concerns are addressed appropriately and that you are treated fairly throughout the process.

Tips for researching and choosing colleges that offer the support and accommodations you need.

Guidance on contacting and working with college disability services offices, including what documentation you might need.

Detailed instructions on filing a complaint if your rights are violated, including contact information and links to

Student with a disability on campus feels that their institution has denied them accommodations or they feel discriminated against due to their disability, it’s important they take a structured approach before considering an external investigation. Here’s a guideline on steps they should follow:

Review the Institution’s Disability Policy:

Students should first familiarize themselves with their institution’s policy on disability accommodations and discrimination. This includes understanding the process for requesting accommodations and the policy on discrimination and harassment.

Document the Issue:

It’s crucial for students to document all instances where they feel their rights were violated. This documentation should include dates, times, locations, and the names of any individuals involved. They should also keep copies of any communications related to their requests for accommodations or reports of discrimination.

Seek Resolution Internally:

Before launching an external investigation, students should attempt to resolve the issue through the channels provided by the university. This usually involves:

Communicating with the Disability Services:

Office: The first step should be to discuss the issue with the disability services office (or equivalent) at their institution. This office is specifically designed to support students with disabilities and to ensure their rights are upheld.

Filing a Formal Complaint:

If discussions do not lead to a satisfactory resolution, or if the issue is of a serious nature, the next step is to file a formal complaint. Most institutions have a formal grievance procedure for complaints related to discrimination or failure to provide accommodations.

Utilize Other University Resources:

Besides the disability services office, other university resources might include a student ombudsman, student affairs office, or even specific departments dedicated to equity and inclusion. These resources can offer guidance, support, and sometimes mediation services.

Educate Themselves on Their Rights:

Understanding their legal rights under laws such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act is critical for students. These laws protect individuals from discrimination based on disability and ensure they have access to reasonable accommodations.

Seek Support from Advocacy Groups:

There are many organizations and advocacy groups that specialize in disability rights. These groups can provide advice, resources, and sometimes legal representation for students facing discrimination.

Consider Legal Advice:

If the issue is not resolved to the student’s satisfaction through internal processes, they may want to consider seeking legal advice to understand their options for an external investigation or legal action.

Remember Before taking external steps:

it’s vital for students to exhaust all possible internal avenues for resolution. Many issues can be resolved effectively within the institution, which can be faster and less confrontational than external investigations or legal action.

Begin by reporting your concerns to your institution’s designated official, who is responsible for coordinating compliance with these laws.

If you’re working with a vocational rehabilitation counselor, they can also be a resource for addressing your concerns.

The State Council of Higher Education for Virginia (SCHEV) is the state-level agency responsible for promoting access, affordability, quality, and accountability in Virginia’s higher education system. If you have a complaint related to a higher education institution in Virginia, you can follow the process outlined below:

• Review the Institution’s Complaint Process: Before filing a complaint with SCHEV, check if the institution has a specific complaint process in place. Most institutions have a designated office for handling student complaints, and it is often beneficial to attempt to resolve the issue internally first.
• Contact SCHEV: If you are unable to resolve the issue directly with the institution, you can file a complaint with SCHEV. You can contact them via their official website or through the contact information provided on their website. Be prepared to provide specific details about your complaint, including relevant documentation.
• Investigation: SCHEV will review your complaint and may conduct an investigation to determine if there has been a violation of any policies or regulations.
• Resolution: Depending on the nature of your complaint and the findings of the investigation, SCHEV may work with the institution to facilitate a resolution. This could involve mediation or other methods of dispute resolution.
• Follow-Up: SCHEV may follow up with you to gather additional information or provide updates on the status of the investigation and any actions taken.

Contact: schevcommunications@schev.edu
(804) 225-2600
State Council of Higher Education for Virginia
101 North 14th Street
10th Floor, James Monroe Building, Richmond, VA 23219

The Disability Rights Section of the Department of Justice (DOJ) works to achieve equal opportunity for people with disabilities in the United States. This includes enforcing the Americans with Disabilities Act (ADA) and other federal laws that prohibit discrimination on the basis of disability. If you believe you have experienced discrimination in a higher education setting based on your disability, you can file a complaint with the DOJ’s Disability Rights Section. Here is a general outline of the process:

• Gather Information: Collect any relevant documentation, including evidence of the discrimination you experienced and any communication with the educational institution regarding the issue.
• Contact the Disability Rights Section: You can file a complaint with the Disability Rights Section online, by mail, or by phone. Provide as many details as possible about the discrimination you have faced.
• Investigation: The Disability Rights Section will review your complaint and may initiate an investigation to determine whether there has been a violation of federal disability rights laws, such as the ADA.
• Resolution: If the Disability Rights Section finds evidence of discrimination, they may work with the educational institution to reach a resolution. This could involve the development of a settlement agreement or other remedial measures.
• Follow-Up: The Disability Rights Section may follow up with you during and after the investigation to gather additional information or provide updates on the status of the case.

Contact: https://www.justice.gov/crt/disability-rights-section
202-307-0663 or 800-514-0301

The U.S. Department of Education’s Office for Civil Rights (OCR) is responsible for enforcing federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department. This includes discrimination in higher education institutions. If you believe you have experienced discrimination due to a disability in a federally funded higher education program or institution, you can file a complaint with the OCR.

Here is a general outline of the process:

• Gather Information: Collect any relevant documentation, including emails, letters, or any other communication related to the discrimination you have faced.
• Contact OCR: You can file a complaint online or by mail. The online complaint form can be found on the OCR’s website. Alternatively, you can submit a written complaint by mail to the OCR office responsible for your state. Make sure to include the details of the alleged discrimination and any supporting documentation.
• Investigation: Once your complaint is received, the OCR will review the information and determine whether an investigation is warranted.
• Resolution: If the OCR finds that discrimination has occurred, it will work with the institution to secure a resolution. This may involve the development of a resolution agreement to address the issues identified in the investigation.
• Follow-Up: The OCR may follow up with you during and after the investigation to gather additional information or provide updates on the status of the case.
• Appeal: If you are dissatisfied with the outcome of the OCR investigation, you may have the right to appeal the decision.

It is important to note that there are time limits for filing a complaint with the OCR, so it is advisable to act promptly.

Complaint forms can be found here and here.

Contact: 800-421-3481

• Office of the Attorney General, Division of Human Rights:
  Call 804-225-2292 for human rights-related complaints.
• Virginia State Bar Lawyer Referral Service: For legal assistance, noting the $35 referral fee.

Examples include extended time on tests, note-taking services, alternative formats for textbooks, and housing accommodations.

Contact your college’s disability services office to discuss your needs and provide documentation of your disability.

Colleges must provide reasonable accommodations unless doing so would cause undue hardship or fundamentally alter the nature of the program.

Report the issue to your college’s ADA Coordinator or Disability Services. If unresolved, follow the complaint process outlined above.

Modifications or adjustments to a course, program, service, job, activity, or facility that enable a qualified individual with a disability to participate equally.

Significant difficulty or expense incurred by a covered entity when providing an accommodation

A change that is so significant that it alters the essential nature of a good, service, facility, privilege, advantage, or accommodation offered by a public entity.