FLORIDA DEPARTMENT OF EDUCATION
JOHN L. WINN
Commissioner of Education
STATE BOARD OF EDUCATION
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
JULIA L. JOHNSON
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
LINDA K. TAYLOR
April 4, 2005
M E M O R A N D U M
TO:
Community College Occupational Deans
Career and Technical Education Directors
Community
College
Registrars
Technical
Center
Registrars
District
Equity
Coordinators
District
Exceptional
Student Education Directors
FROM:
Bonnie C. Marmor
SUBJECT:
Students with Disabilities and Confidentiality Issues
Educators throughout Florida are working in collaboration to assist all students to reach the
highest levels of achievement including becoming productive members of the workforce.
During the recent United States Department of Education (USDOE) Carl D. Perkins Vocational
Education Act monitoring visit, it came to our staff’s attention that some schools’ registration
forms were not in compliance with federal regulations concerning confidentiality of information
about students with disabilities. The purpose of this memo is to clarify what is required under
federal regulations and provide recommendations to ensure compliance.
Students with disabilities are encouraged to self-identify and request services if needed after
admission to a postsecondary educational institution. However, an adult student with a disability
is not required to self-identify. Section 504 of the Rehabilitation Act states that a postsecondary
institution may not make pre-admission inquiries as to whether an applicant for admission is a
person with a disability. If the student self-identifies after admission, postsecondary institutions
are required to make reasonable accommodations that may be needed by each individual student.
BONNIE C. MARMOR, ED.D.
Vice Chancellor for Workforce Education
325 W. GAINES STREET • SUITE 1352 • TALLAHASSEE, FL 32399-0400 • (850) 245-9022 • www.fldoe.org/cc
Students with Disabilities and Confidentiality Issues
Page Two
April 4, 2005
Pre-admission inquiry regarding a student’s disability or marital/family status is illegal under the
Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Florida
Educational Equity Act. Registration/admission materials should include a reasonable
accommodations statement. The statement should inform applicants for admission who they
may contact (name, phone number, and e-mail) to request accommodations and/or services if
needed.
A school cannot have pre-admission inquiry on the status or severity of a disabling condition.
The registration form should only inform the student that if they have a disability and need
accommodations and/or services, they should see the appropriate support staff (i.e., counselor or
staff responsible for services for students with disabilities).
Institutions should also be reminded that if a student chooses to self-identify, information about
the student’s disability should be recorded after admission and kept in a separate, confidential
file.
The Department of Education is committed to ensuring that students with disabilities have equal
access to programs and services, and that their rights to confidentiality are protected.
If you have questions or need further information, please contact Jane Silveria at (850) 245-9022
or by e-mail at jane.silveria@fldoe.org, or Janet Adams at (850) 245-0478 or by e-mail at
janet.adams@fldoe.org.
BCM/jsj
c: VPI
Personnel
District Exceptional Student Education Transition Contacts
Career Development and Transition Project Staff
Project CONNECT Site Contacts
Transition to Independence Process (TIP) Project Director and Site Contacts
