Rights & Responsibilities

By working together, individuals and the Office of Adaptive Services ensure that academic and personal success is achieved. Learn more about your rights and responsibilities and those of our office.

 

 

Individual's Rights

  1. It is the right of the individual to obtain services and accommodations in order to have equal opportunity and access to academic success such as is granted to their peers . 
  2. It is also the right of the individual to expect these services and accommodations be respectful in nature so as to ensure their learning differences are seen as only differences.

Rights of the Office of Adaptive Services

  1. It is the right of the Office of Adaptive Services to uphold the academic standards set by FGCU. As a result, we reserve the right to limit or deny accommodations and services that:
    • alter programs so that the academic standards are diminished
    • pose a direct threat to students, faculty and staff
    • limits and/or financially burdens the institution
  2. It is also the right of the Office of Adaptive Services to limit or deny those services that are not supported by documentation. 
  3. Finally, it is the right of the Office of Adaptive Services to request additional documentation if the documentation presented is out of date or is insufficient for providing services and accommodations.

Individual's Responsibility

  1. It is the responsibility of the individual to provide proper documentation, express problems or concerns with the Office of Adaptive Services in a timely manner, request accommodations and services as needed and take advantage of those services that are provided. 
  2. It is also the responsibility of the individual to maintain FGCU’s academic standards and comply with the rules and regulations that have been formed for all individuals to adhere to while attending the institution.

Responsibilities of the Office of Adaptive Services

  1. It is the responsibility of the Office of Adaptive Services to require appropriate documentation to determine eligibility, provide reasonable accommodations and services based on documented need, and use complete confidentiality of records unless student permission is given. 
  2. It is also the responsibility of the Office of Adaptive Services to maintain the respect and integrity of the individuals who partake in the services and accommodations that the Office provides.

High School vs Higher Education

Disability rights and responsibilities differ depending on the type of coverage that is received.  The K-12 system is covered under the Individuals with Disabilities Education Act (IDEA) while higher education is covered under the Americans with Disabilities Act (ADA).  Even though both are covered under the blanket of Section 504 of the Rehabilitation Act, each law is specific to the rights and responsibilities of those with a disability.  The below is a general comparison of the two laws and what a student with a disability entering FGCU should expect regarding their rights and responsibilities.

  IDEA ADA
Statute Ensures free and appropriate public education for children with disabilities

Protects Individuals with disabilities from discrimination by providing equivalent access to programs and services

Coverage Children in the K-12 system whose education is negatively impacted by the disability. There are specific disabilities covered, so not all students with disabilities will be protected

Any person with a physical or mental impairment that substantially limits one or more major life activities

Initiating Services

Parents and teachers identify students needing assistance through consent for evaluation and Child Find Students must self-identify as an individual needing assistance due to a disability by supplying the appropriate documentation from a qualified evaluator
Documentation School districts are responsible for providing the means for a student to be evaluated The student assumes the cost of the documentation
Education Plans Individual Education Plans (IEP's) are developed and tracked through the student's educational process Reasonable accommodations are provided on a case-by-case basis
Enforcement of Laws A funding statute, enforced by the Office of Special Education and Rehabilitation Services in the US Department of Education A Civil Rights statute enforced by the Office of Civil Rights, US Department of Education, US Department of Justice and the Equal Employment Opportunity Commission