Policies from the Student Handbook

4.3.F   Policy Statements for Students with Learning Disabilities and/or Attention Deficit/Hyperactivity Disorder

Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, some "otherwise qualified" individuals with disabilities are protected from discrimination and assured equal access to educational programs. In order to establish that an individual with a disability is covered under the ADA, the documentation of the disability must indicate that it substantially limits a major life activity, including learning. In turn, the implementing regulations and guidance that have been adopted by the Department of Justice state that the existence of a substantial limitation is to be determined by comparing the individual in question "to most people – that is, to the average person in the general population." The following documentation guidelines are provided to help the evaluating professional document his or her findings in a manner that meets the requirements of ADA and supports the request for accommodation, including academic adjustments and/or auxiliary aids.

These guidelines provide students, professional diagnosticians, and University service providers with a common understanding of the components of documentation which are necessary to validate the existence of a learning disability; its impact on the student's educational performance, and the need for accommodation. The documentation should be comprehensive in order to avoid unnecessary time delays in a student becoming eligible to work with Learning Disabilities Services and in the subsequent determination of appropriate accommodation and services for that student.

Admission. Admission applications from students with learning disabilities are reviewed under Miami's regular admission criteria. The Office of Admission accepts untimed or taped ACT/SAT scores. The office immediately forwards all disability documentation to the appropriate campus disability office.

Learning Disabilities Documentation Policy. What follows are the policies that specify the procedures to be followed and the information that optimally should be contained in all documentation of a student's Learning Disability (L.D.) and/or ADHD report. Please note that the specific reporting format is left to the professional, but the requested information must be clearly presented and easily discernable. Regardless of format used, quality documentation includes a clear diagnostic statement that describes how the condition was diagnosed, provides information on the functional impact, and details the typical progression or prognosis of the condition. Assessment reports should include information about the student's presenting concerns, history (developmental, family, medical, psychological, education, employment), educational assessment, psychological functioning, and a summary/recommendation.

It is the responsibility of the student to obtain his or her documentation and to present a copy to the office of Learning Disabilities Services. Any correspondence regarding the adequacy of the submitted documentation will be sent to the student. It is the student's responsibility to obtain additional information or clarification if requested.

A school plan such as an Individualized Education Program (IEP) or a "504 Plan" alone is insufficient documentation to support a student's eligibility for accommodation and/or services at Miami University. The campus office responsible for servicing students with learning and/or attentional disabilities is responsible for collecting and maintaining disability files. Disability documentation (e.g., psycho-educational report) must adhere to the criteria established by the University for full consideration:

1. A qualified evaluator must complete the assessment.

2. Testing must be current and use adult normed measures.

3. Tests and assessment processes used to document LD/ADHD eligibility should optimally be technically sound (i.e., statistically reliable and valid), standardized for use with an adult population, and representative of a comprehensive test battery.

4. Test results should present clear and specific evidence and identification of a learning disability.

5. When submitting tests with documentation, actual raw scores and accompanying standardized scores provide a better context for meaningful interpretation.

6. It is most helpful if the diagnostic report includes specific recommendations for accommodation as well as a rationale for why each adjustment is recommended.

7. In order to determine the most appropriate accommodation plan, the clinical summary should include any record of prior accommodation or auxiliary aids and may include specific recommendations regarding curriculum and testing considerations.

*These guidelines have been adapted with permission from the consortium on ADHD Documentation (copyright 1998). AHEAD (Association of Higher Educational And Disability) guidelines were also used for this policy.

Registration Policy for Diagnosed Students. To register for services, students with learning disabilities must (a) provide the documentation to the appropriate disability service office and (b) request services as a student with a disability. Students are strongly encouraged to request accommodation prior to or at the beginning of each semester.

Services Available for Diagnosed Students. Services available to diagnosed students are most often specific to individual course requirements and the student's evaluation data. Specific information contained in the psycho-educational evaluation is used in determining the reasonableness of accommodation. Accommodation is judged to be reasonable and appropriate when, without the accommodation, the student might not be afforded equal access to course content.

Policy for Students Not Previously Identified as Learning Disabled. Should the campus office for disability services determine that a student exhibits traits highly correlated with those exhibited by students legally identified as learning disabled, that office staff will provide the student with information relative to public or private testing services. Miami's Learning Centers are not responsible for formal testing of any sort, at any stage of the screening process.

4.3.G   Compliance

The Office of Equity and Equal Opportunity (OEEO) is the University's designated department for compliance with federal statues including the ADA and Section 504. Under the ADA and Section 504, individuals with disabilities are assured equal access to educational programs. In order to establish that an individual with a disability is covered under the ADA, the documentation must support that the individual's diagnosis of a disability includes how the impairment is a substantial limitation of a major life activity, including learning. Questions concerning grievance procedures, discrimination and compliance issues should be directed to OEEO at (513) 529-7157 (V/TTY).

4.3.H   Dispute Resolution

If you believe you have been denied equal access in the form of appropriate accommodation, modifications, auxiliary aids, or effective communication or suffered discriminatory harassment as described in Section 504 of the Rehabilitation Act of 1973, 1998 Amendment to Section 508 of the Rehabilitation Act, The Americans with Disabilities Act of 1990, or the Ohio Administrative Code 4112-5-09 Discrimination against persons with disabilities in institutions of higher education you may pursue a resolution under this procedure. The general student grievance procedures, including the University's Policy Prohibiting Harassment and Discrimination, are available to students with disabilities.

The procedures below are additional procedures that apply to students with disabilities who feel their rights have been violated under 504, 508, and ADA.

A report may be filed against a faculty, staff, academic department, non-academic department, program, and/or organization. In addition, students may file a report against The Office for Disability Resources (ODR), Office of Learning Disabilities Services (OLDS), and/or a particular ODR/OLDS staff person.

4.3.H.1  Resolving Conflicts with a Faculty and/or Staff, Academic Department or University Non-academic Department, Program or Organization

1. Students are encouraged to discuss their concerns with an ODR/OLDS staff member. The staff member will attempt to resolve the issues causing concern by assisting the student in discussing issues with the faculty member, department, or program, participating in such discussions, or calling the faculty member and/or head of the department in an effort to clarify and resolve issues.

2. In some instances, other ODR/OLDS staff and director/associate dean may be consulted or a meeting convened in order to develop a resolution. Most situations are positively resolved through staff support and mediation. The student and involved parties will be notified by the appropriate staff member of progress, findings, or resolution within 10 business days. Many issues are resolved sooner due to the nature of the complaint.

3. If either the student or the ODR/OLDS staff member feels that a satisfactory resolution has not been reached, the student should notify the Director of OEEO, Office of Equity and Equal Opportunity, Hanna House, Miami University, Oxford, Ohio 45056 (513) 529-7157 [TTY accessible]. The OEEO Director will evaluate the complaint and determine an appropriate resolution. The OEEO Director will inform all involved parties of her or his progress, findings, or resolution within 10 business days.

4.3.H.2  Resolving Conflicts with ODR/OLDS and/or an ODR/OLDS General Staff Member

1. When a student has a complaint against ODR or OLDS and/or one of its staff members, the student should first discuss the complaint with the Director of ODR or Associate Dean of Students for Retention and Learning Center Services (students with LD and/or ADHD). Resolution of the issue may be reached at this level.

2. If the complaint is not resolved or for a specific reason cannot be discussed with the with the Director of ODR (students with general and/or psychological disabilities) or Associate Dean of Students for Retention and Learning Center Services (students with LD and/or ADHD) a student has the right to bypass ODR or OLDS and go directly to the OEEO Director.

3. The OEEO Director will evaluate the situation and determine an appropriate resolution. The OEEO Director will inform all involved parties of progress, findings, or resolution within 10 business days.

4.3.H.3  Resolving Alleged Discrimination by Another Student

In situations where students allege discrimination by another student, students have the option of filing a complaint under the Code of Student Conduct or a charge under the University's Policy Prohibiting Harassment or Discrimination. Please refer to the policy and procedures in the Student Handbook or contact the Office of Equity and Equal Opportunity for further information.

4.3.H.4  Contact Information

Office of Disability Resources – ODR Director 
19 Campus Avenue Building
(513) 529-1541 (V/TTY)
(513) 529-8595 (Fax)

Office of Learning Disabilities Services – Associate Dean of Students for Retention and Learning Center Services
14 Campus Avenue Building
(513) 529-8741 (Voice)
(513) 529-8799 (Fax)

Office of Equity and Equal Opportunity, OEEO Director
Hanna House (219 E. Spring Street)
(513) 529-7157 [TTY accessible]
(513) 529-7158 (Fax)

Office of Ethics & Student Conflict Resolution
9 Warfield Hall
(513) 529-1417 (Voice)
(513) 529-1907 (Fax)