(1)An institution of
higher education may request documentation, as described in subsection (2) of this
section, to determine whether a student with a disability is eligible for an academic
adjustment.
(2)As part of its review to determine whether a student with a disability is
eligible for an academic adjustment as described in subsection (1) of this section, an
institution of higher education may consider one of the following documents to
substantiate the student with a disability's request for an academic adjustment:
(a)Documentation that the student with a disability has or had an
individualized education program that includes a stated disability. The IEP does not
automatically qualify a student with a disability for an academic adjustment in
higher education if the IEP l
Free access — add to your briefcase to read the full text and ask questions with AI
(1) An institution of
higher education may request documentation, as described in subsection (2) of this
section, to determine whether a student with a disability is eligible for an academic
adjustment.
(2) As part of its review to determine whether a student with a disability is
eligible for an academic adjustment as described in subsection (1) of this section, an
institution of higher education may consider one of the following documents to
substantiate the student with a disability's request for an academic adjustment:
(a) Documentation that the student with a disability has or had an
individualized education program that includes a stated disability. The IEP does not
automatically qualify a student with a disability for an academic adjustment in
higher education if the IEP lacks relevant diagnostic details or does not describe
how the student's disability limits one or more major life activities.
(b) Documentation that the student with a disability received services or
reasonable accommodations pursuant to a section 504 plan that includes a stated
disability. The section 504 plan does not automatically qualify a student with a
disability for an academic adjustment in higher education if the section 504 plan
lacks relevant diagnostic details or does not describe how the student's disability
limits one or more major life activities.
(c) Documentation of a plan or record of service from a private school, a local
education provider, an Indian tribe or tribal organization, a state education agency,
or an institution of higher education provided pursuant to section 504 or in
accordance with the ADA;
(d) Documentation of a record or evaluation from a qualified health-care
provider who is knowledgeable about the student with a disability that confirms
that the student has a disability;
(e) Documentation of a plan or record from another institution of higher
education that determined the student with a disability who is applying for an
academic adjustment had a qualifying disability;
(f) Documentation of a disability due to military service; or
(g) Additional information from a qualified health-care provider who is
knowledgeable about the student with a disability and can clarify the need for an
academic adjustment that may not be addressed in subsections (2)(a) to (2)(f) of
this section.
(3) (a) An institution of higher education may establish less burdensome
documentation criteria to determine whether a student with a disability may receive
an academic adjustment.
(b) An institution of higher education may request updated documentation if
a student with a disability:
(I) Submits documentation that lacks reasonable detail;
(II) Submits documentation that is outdated based on a diagnosis that has
changed; or
(III) Requests substantially new academic adjustments.
(4) This part 2 does not override federal law.