Background:

Federal Disability Law.

Section 504 of the Rehabilitation Act of 1973 (Section 504) is a federal law that protects qualified individuals from discrimination based on their disability. Section 504 applies to employers and organizations that receive federal financial assistance, including higher education institutions that accept students who receive federal financial aid. Individuals with disabilities are defined under this law as persons with a physical or mental impairment which substantially limits one or more major life activities. Qualified individuals are persons who can perform the essential functions of the job or school for which they applied, with reasonable accommodations. The organization must take reasonable steps to provide these accommodations unless it would cause that organization undue hardship.

Section 504 requires K-12 school districts to provide a free appropriate public education (FAPE) to each child with a disability. However, postsecondary schools are not required to provide a FAPE, but must provide appropriate academic adjustments as necessary to ensure that they do not discriminate on the basis of disability. Also, if postsecondary institutions provide housing to nondisabled students, they must also provide comparable, convenient, and accessible housing to students with disabilities at the same cost.

The Americans with Disabilities Act (ADA) guarantees equal opportunity for individuals with disabilities in public and private sector services and employment. Title II of the ADA prohibits all state and local governmental entities, including public colleges and universities, from discriminating against people with disabilities. Title III of the ADA prohibits private colleges and universities from discriminating against people with disabilities.

Schools may set reasonable standards regarding documentation of a disability for purposes of compliance with Section 504 and the ADA. This documentation could include a diagnosis of the disability, an individualized education plan, or a professional evaluation. The ADA and Section 504 require institutions to provide reasonable accommodations unless it would cause that organization undue hardship.

Summary of Bill:

A legislative task force regarding improving access to higher education for students with disabilities is established. The purpose of the task force is to make recommendations to the Legislature and to coordinate and implement the following goals:

make the transition from K-12 education to higher education more seamless and successful;
select a statewide method of sharing best practices between K-12 and postsecondary institutions;
review documentation of disabilities at postsecondary education institutions and develop resources for how school districts can get disability documentation applicable for postsecondary institutions completed before a student's high school graduation; and
create a plan for how school districts and postsecondary institutions can improve outreach to students and their families regarding available options in higher education.

The task force must consist of not more than 29 members, including:

seven members appointed by the Governor, including four private citizens with experience advocating and providing for students with disabilities, and three representatives from nonprofit organizations focused on advocating for or providing services to citizens with disabilities;
eight members appointed by the Office of the Superintendent of Public Instruction (OSPI), including two representatives from OSPI, two representatives from educational service districts, and four representatives from local school districts that have a high concentration of students with disabilities;
four members appointed by the State Board for Community and Technical Colleges (SBCTC), including one representative from the SBCTC and three representatives from the public community or technical colleges;
four members appointed by the Council of Presidents, including one representative from the council and three representatives from a regional university;
one member appointed by the Superintendent of the Washington School for the Blind;
one member appointed by the Secretary of the Department of Social and Health Services;
one member appointed by the Executive Secretary of the Governor's Committee on Disability Issues and Employment;
one member appointed by the Chair of the Developmental Disabilities Council;
one member appointed by the Superintendent for the Washington School for the Deaf; and
one member appointed by the Workforce Training and Education Coordinating Board.

When making recommendations to the Legislature, the task force must consider:

how to ensure that the interests of students guide the transition planning process;
how to enable collaboration and communication between schools, higher education institutions, and relevant state agencies to provide an effective transition;
how assessment and disability documentation that is acceptable to postsecondary institutions should be determined and obtained;
how to identify the types of supports and accommodations that students need in postsecondary environments;
how students can plan their high school coursework to prepare for higher education; and
if a statewide database of student disability accommodation equipment, software, and resources owned by school districts and postsecondary institutions should be created to assist the educational transition for students, and what public entity would be best suited to create and maintain that database.

The task force is also encouraged to consider details related to disability documentation when making their recommendations to the Legislature. The Washington Student Achievement Council must provide staff support to the task force within existing funds. The recommendations shall be reported to the Legislature by December 1, 2013, and annually thereafter until the task force expires on January 1, 2016.