Legal and Ethical Guide: Postsecondary Programs for Private Institutions of Higher Education by Rachel Brandon-Hopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk en-us 2022-12-03 17:15:19 UTC 2022-12-06 01:50:56 UTC hello@padlet.com Slide #1 - My Professional Perspective rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407608701 The topic of this Padlet presentation is the implementation of Postsecondary Programs for students with learning disabilities in institutions of higher education. This topic is targeted explicitly toward professionals in higher education who are interested in becoming more informed advocates for students with learning disabilities and want to implement change within their campus system to ensure these students are receiving the adequate support and resources they need to succeed beyond their college education.

My current field of education is Student Development and Leadership in Higher Education.

I have worked for McMurry University's TRIO Student Support Services program for three years; two were spent as a student tutor in various subjects, and I am currently the Program Services Assistant. I help with administrative services and assist in program planning for the workshops and events we host throughout the academic year. 

TRIO Student Support Services is a federally funded grant that serves students who come from at least one of the following backgrounds: first-generation, low-income, or students who are registered with the university's Disability Services office.

I selected this topic for many of the assignments done over the course of this semester, as I see the need in my university for a more comprehensive program for our students with learning disabilities on campus. TRIO SSS programs are only allowed to serve a specific amount of students per academic year, leaving many of our students with learning disabilities unable to access our tools and resources. The implementation of a Postsecondary Program for students with learning disabilities on campuses like mine has the opportunity to not only benefit this current student population, but future ones as well. ]]> 2022-12-03 17:28:26 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407608701 Slide #2 - Governing Agencies rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688628 During the Legal and Ethical scavenger hunt, I discovered that there are a limited amount of governing agencies at the state level regarding implementation and compliance for disability-focused programs at a postsecondary level for private institutions. I believe this is one factor that must be addressed by current and future legislators to ensure students with learning disabilities in the state of Texas are still receiving adequate support beyond their primary and secondary learning experiences.

Federal Governing Agencies
The U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS)
The U.S. Department of Education's Office for Civil Rights (OCR)
The U.S. Department of Education's Office of Special Education Programs (OSEP)

Each of the previously listed agencies has some role in regard to anti-discriminatory policies, accessibility, and inclusion for students with disabilities on campus or to general access to education for students within this population. 

  • OSERS: responsible for enforcing the Individuals with Disabilities Act (IDEA). 
  • OCR: supports the notion of equal access to education through the notion of civil rights.
  • OSEP: provides support for individuals with disabilities from birth to the age of 21 in preparation for education or career in their adulthood. 

State Governing Agencies
Texas Education Agency (TEA)
Texas Higher Education Coordinating Board (THECB)

The two previously listed groups both advocate for educational rights for students in the state of Texas.

  • TEA: supports students from primary to secondary school while providing guidelines and other sources of support for institutions to serve their students properly. 
  • THECB: provides resources for students and parents to support the 60x30 concept the state of Texas is currently promoting (where 60% of Texans between the ages of 25 and 64 receive a valuable credential before 2030). They also provide information for public university's PSE programs.
]]> 2022-12-03 21:13:18 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688628 Slide #3 - Federal & State Constitutional Laws rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688710 Federal Constitutional Law
The Equal Protection Clause of the 14th Amendment in the United States Constitution declares that “nor [shall any state] deprive any person within its jurisdiction the equal protection of the laws” (U.S. Const. art. XIV, § 1). This amendment protects U.S. citizens with disabilities from inherently discriminatory legal practices. While it does not directly apply itself to PSE programs, it encourages the thought that all students in higher education should have the same level of access (within reason, compliant with other federal and state laws).

  • The Due Process Clause of this amendment specifically focuses on the fact that an individual may not be deprived of life, liberty, or property by the state without due process (U.S. Const. art. XIV, § 1).

Texas State Constitutional Law
The Texas Constitution’s Bill of Rights states that individuals “. . . shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance” (Tex. Const. art. I, § 27). This impacts Texas college students’ abilities to peacefully assemble to promote the need for a PSE program on campus to support fellow students with learning disabilities. Universities subject to these Constitutional guidelines may face legal liabilities if students’ right to assembly is imposed upon them.

  • This should be of high consideration in the instance of students advocating for improved disability services or programs than those currently offered by the university.

References
Tex. Const. art. I §  8 https://law.justia.com/constitution/texas/sections/cn000100-000800.html
U.S. Const. art. XIV § 1 https://constitution.congress.gov/browse/amendment-14/#:~:text=No%20State%20shall%20make%20or,equal%20protection%20of%20the%20laws.
]]> 2022-12-03 21:13:22 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688710 Slide #4 - Applicable Statute & Administrative Laws rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688727 Federal Statute
The Individuals with Disabilities Act (IDEA) (2004) supports students with disabilities from birth to age 21, providing them with Individualized Education Plans (IEP) for success. Noncompliance may resort in reporting or corrections from the offices responsible.
  • Parents and educators are part of the IEP process to provide the best outcomes for their students. 
  • Free Appropriate Public Education (FAPE) is another critical concept that public institutions must adhere to under this act.

Texas State Administrative Law
The Texas state administrative law 40 Tex. Admin. Code § 876.4 (2012) indicates that the Texas Council for Developmental Disabilities (TCDD) will advocate for federal and state legislature surrounding the topic of constituents with disabilities.
  • Priorities of this council include (but are not limited to): personal and civil rights, accessibility, and employment.
  • TCDD also reinforces the idea that students with disabilities should be provided an adequate education and support system to foster the growth necessary for them to participate in postsecondary education. 

References
40 Tex. Admin. Code § 876.4 (2012) https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=21&ch=876&rl=4

Individuals with Disabilities Act § 1400 (2004) https://www.law.cornell.edu/uscode/text/20/1400#:~:text=This%20chapter%20may%20be%20cited,Individuals%20with%20Disabilities%20Education%20Act%E2%80%9D.&text=Disability%20is%20a%20natural%20part,in%20or%20contribute%20to%20society.
]]> 2022-12-03 21:13:26 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688727 Slide #5 - Applicable Case Law rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688751 The case of Southeastern Community College v. Davis (1979) set the precedent for the limitations of Section 504’s “otherwise qualified” requirement that an applicant must be able to meet the program requirements “in spite of their handicap” rather than be limited by it. The impact of this case concerning higher education and the PSE programs discussed previously implemented more thorough guidelines for both universities and applicants to understand and utilize. 

  •  Universities have the right to deny acceptance to applicants who would not be able to reasonably meet the requirements without extensive accommodations. 
  •  Applicants with disabilities must understand their limitations and, subsequently, the university's right to deny an application.
  • Applicants must also be aware of their right to appeal this decision if they believe their disability would not be a hindrance to the resources and accommodations provided by the institution

Reference
Southeastern Community College v. Davis. (n.d.). Oyez. 
https://www.oyez.org/cases/1978/78-711


]]> 2022-12-03 21:13:32 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688751 Slide #6 - Federal Mandate rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688777 Federal Mandate
The Americans with Disabilities Act (ADA) of 1990 is a federal mandate that promotes the expansion of access and equality for individuals with disabilities. This act specifically impacts individuals with disabilities who, prior to the passing of this law, had few legal options or rights when facing discriminatory actions or harassment (42 U.S.C. § 12101 et seq.). 
While the initial legislation is present, PSE programs offer to improve the accommodations and opportunities available through ADA compliance for college students. 

  • Accommodations encompass educational and physical needs for students who qualify (note-takers, extended time for testing, etc.)
  • Signage on campus (Braille) should also be well-maintained and corrected in the event of damage or vandalism

References
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. https://www.ada.gov/law-and-regs/ada/
]]> 2022-12-03 21:13:38 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688777 Slide #7 - Local Policy rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688807 McMurry University’s Student Handbook outlines the guidelines and policies for Disability Services provided on campus. According to the handbook, the following list provides an example of some of the accommodations the university offers: “academic accommodations, extended test time, accommodations for participation in university-sponsored activities . . .” (McMurry University Student Handbook, 2021, p. 13). Providing accommodations ensures the university is adhering to the needs of students with disabilities on campus. Accommodations are one portion of the topic of discussion. Still, PSE programs aim to improve upon these and include policies that go beyond accommodation and promote learning and a sense of community across campus. 

  •  The University's student handbook is enforced by the university through the Dean of Student Affairs office.
  •  Not adhering to this policy and ensuring the protections provided by the policy and other applicable laws may result in termination or further legal action by the university.

Reference
McMurry University. (2021). Student Handbook.
https://mcm.edu/app/uploads/2022/02/mcm_student_handbook_20212022_updated_09_09_21_newsite.pdf
]]> 2022-12-03 21:13:42 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688807 Slide #8 - Risk-Management Strategy rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688830 The following suggestions are in alignment with the strategic implementation of a PSE program on a university campus:

  1. Establish clear, compelling goals regarding implementation and its overarching impact on the institution's core values and mission (Lower-Hoppe et al., 2019). This will help ensure that the university supports the project and also instills the university's values into the program from conception. 
  2. Remain objective and unbiased in your responses and approaches during the implementation process as students begin using the services provided (Druckman et al., 2021). This will not only demonstrate administrative support, but it will also encourage fellow programs on campus to ensure student support is accessible and nondiscriminatory across campus. 
  3. Understand that disability services on campus have a long, impactful history. The current trajectory of these programs indicates that more change will come as more research is found regarding students with learning disabilities and how institutions can accommodate them (Madaus, 2011). Being committed to this student population is crucial to avoiding potentially harmful situations when implementing a program of this nature on campus.

References
Druckman, J. N., Levy, J., & Sands, N. (2021). Bias in education disability accommodations. Economics of Education Review, 85. https://doi-org.easydb.angelo.edu/10.1016/j.econedurev.2021.102176

Lower-Hoppe, L. M., Parietti, M. L., & Czekanski, W. A. (2019). Current priorities in campus recreation: A multi-institutional study of strategic plans. Recreational Sports Journal, 43(1), 43–54.

Madaus, J. W. (2011). The history of Disability Services in higher education. New Directions for Higher Education, 2011(154), 5–15. https://doi-org.easydb.angelo.edu/10.1002/he.429
]]> 2022-12-03 21:13:47 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688830 Slide #9 - Ethical Principle rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688874 The ethical standard that relates closest to the topic of implementing more PSE programs across the country’s institutions of higher education is the principle of beneficence, in which the higher education professional “engage[s] in altruistic attitudes and actions that promote goodness and contribute to the health and welfare of others” (Council for the Advancements of Standards in Higher Educations [CAS], n.d., p. 2).

Until all institutions of higher education are consistently advocating for more resources, access, and support for their students with learning disabilities, the ethical standard of beneficence is not being met to the potential it has concerning this student population.

Reference
CAS statement of shared ethical principles. (n.d.). Counsel for the Advancement of Standards in Higher Education. https://www.cas.edu/files/CASethicsstatement.pdf?mc_cid=467ed5fe4a&mc_eid=052333efc4]]> 2022-12-03 21:13:57 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688874 Slide #10 - Personal Connection rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688907 Upon researching PSE programs and their potential, I discovered that private institutions of higher education in the state of Texas do not implement them and instead implement their policies to adhere to the Americans with Disabilities Act (ADA), Individuals with Disabilities Act (IDEA), and the Higher Education Opportunity Act (HEOA). However, there is an apparent need for campuses to revise their current standards and continue improving upon them in the same form as public universities in the state. Students with disabilities deserve the right to an accessible education upon admittance to whatever institution they are attending.

Working for a private university has allowed me to begin to understand the legal differences between public and private establishments. While these are certain, I believe there is a way to implement these programs in a way that does not infringe upon the rights of private universities while also ensuring the continued advocacy for students with learning disabilities who choose to attend these universities. I have witnessed many instances throughout my career and undergraduate education that reaffirms the notion that private universities must strive to do more for this population of students, and implementing such a program would be a step in the right direction. ]]> 2022-12-03 21:14:06 UTC https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688907 Slide #11 - Recommendations & Best Practices rbrandonhopper https://padlet.com/rbrandonhopper/k4run1t6m6hjx3wk/wish/2407688925 The following list provides just a brief number of recommendations and best practices to consider when considering implementing a PSE program on campus:
  1. Understand the current legislative protections for primary, secondary, and postsecondary students with learning disabilities at both the state and federal levels
  2. Participate in events or workshops hosted by your university Disability Services office to understand what your current students may be dealing with. 
  3. Become an advocate for progressive legislature regarding students with disabilities on college campuses. This practice also includes speaking out against potential discrimination on your campus.
  4. Encourage current students to utilize the disability services offered on campus.
  5. Promote campus-wide educational panels and workshops for students who may not have an understanding of how students with learning disabilities experience college education in different ways.
  6. Allow students with learning disabilities to advocate for themselves on campus without fear of retaliation from administrative officials who do not want the university to be seen in a potentially negative light. 
  7. Understand that higher education must become more accessible if it wishes to maintain or increase its desirability from students from various backgrounds.

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