Pass the Higher Education Psychiatric Disability Rights Act (HEPDRA) Now!!!

Pass the Higher Education Psychiatric Disability Rights Act (HEPDRA) Now!!!

Summary

One out of five Americans will be diagnosed with a mental illness in his or her lifetime.  Research studies have shown that suicide is ranked the second leading cause of death among college students and that the onset of most diagnosis of mental illness beings in ones late teens and early twenties, the age when most people start college or are in graduate school.  

However, even with this information about students with mental illness in higher education settings and, a large number higher education institutions have continually ignored disability rights laws, when it comes to students with psychiatric disabilities.  In addition there is not enough on campus awareness, counseling, and student insurance is not covered on mental health parity. 

Even with the Rehabilitation Act and the Americans with disability act, a large number of higher education institutions have continually ignored these laws and don't or are reluctant to provide accommodations for students with mental illnesses, even if they medical documentation from a physician.  

The college disability departments claim they don't know how to help students with mental illnesses, because they fear that students will take advantage of accommodations such as flexibility in class participation or attendance.  As a result, students with psychiatric disabilities do not get their needs met in the classroom and are regarded are lazy, weakness, stupid, and attention seeker.

In regards to clinical mental health services, many higher education institutions don't have the resources of this and most college mental health centers are understaffed.  On-campus services such as counseling and medical care are extremely limited to a specific number of annual visits for students .  As a result, students in crisis can receive extended counseling services, but long-term psychiatric care is the exception rather than the rule. This leaves students who have been diagnosed with a mental illness at a loss.

While students are able to get student insurance, it does not cover prescription medication, specialty medical consultations (psychiatry, orthopedics, obstetrics/gynecology, dermatology), and private psychotherapy.  

On campus there is little awareness brought to the issues of mental illness.

Studies have shown that 86% of student with mental illnesses withdraw from college before they graduate. This can often times lead to debt of financial aid. This can often times lead to debt of financial aid. Also, when someone is suffering from an episode of mental illnesses it can make it impossible to succeed academically and function with daily life. As a result of not being able to succeed academically a lot of students fail through no fault of their own and are penalized for it later.                                            

The Bottom Line

For higher education institutions to treat students with psychiatric disabilities is wrong. Student with psychiatric disabilities are not weak, lazy, insane, stupid, etc. They are not using their illness as an excuse or trying to get attention. They are sick and they need help and compassion just like somebody would with cancer.  Students with psychiatric disabilities are just as smart and intelligent as anyone else and they do not deserve that kind of treatment.

By higher education institutions treating student with mental illnesses they way, they are not only ignoring the needs of their students, but are denying them their civil rights.  At the same time, by denying students with psychiatric disabilities the help they need higher education institutions are not giving students the chance to succeed in school or in life.

I have written a proposed bill called the Higher Education Psychiatric Disability Rights Act (HEPDRA), which addresses this problem. I am in the process of trying to get introduced and signed into law in the state legislatures and then take it to the national make it a federal law.

Please sign the petition to get HEPDRA signed into law.

Here is the  summary of HEPDRA;  It re-enforces students with psychiatric disabilities in higher education and provides on campus awareness and help and grievances.  It states that (1) students with mental illnesses to have the right to disability accommodations and not to be discriminated against, (2) provides on campus awareness about mental illnesses and on campus medical psychiatric and counseling help for students mental illnesses (3) allows past, present, and future academic and financial grievances for students with mental illnesses will were not able to academic succeed due to an episode of their illness. (4) creates an office of HEPDRA to oversee that school are living up to HEPDRA's stands and they will have a website where students with psychiatric disabilities can right about there experiences with that schools disabilities department. (5) .) If the institution does not provide and live up Part 1-5 they student has the right to issue a complaint, and has the right to sue. In addition the university will be fined. If repeated violations occur, the institution will lose their accreditation.

Here is a copy of the bill

Higher Education Psychiatric Disability Rights Act (HEPDRA)

Who it pertains to? Students with psychiatric disabilities in college, graduate school, post-graduate school, post secondary schools, trade schools, and community colleges. It includes both public and private schools.

Part One: Disability Accommodations

a.) All universities must provide disability accommodations for student with psychiatric disabilities whether it in academics, housings, transportations, groups, etc; providing that they have medical documentation from a physician.

b.) The student does not have to disclose his or her disability to instructors.

c.) If the university fails to provide the accommodations the student may issue a complaint.

Part Two: Discrimination

a.) Student with psychiatric disabilities are entitled to be told their rights by the institution. If the institution fails to inform the student of their rights or gives them deliberate false information the institution will be fined.

b.) No student with psychiatric disability will be denied accommodations due to their disability. If this happens the university will be fined.

c.) All universities are prohibited from discriminating against students with psychiatric disabilities regarding admissions, services, health insurance, tuition, scholarships, financial aid, suspension, dismissal, grading, groups, housing, transportation, work, academics, disability accommodations, graduation, etc.

a. Exception: If a student becomes a danger to others due to mental illness than the university can ask student to leave and seek help.

d.) All students with psychiatric disabilities are entitled to be treated with respect and have their needs taken serious regarding their disability by other students, teachers, faculty, administration, etc. They also have the right to not be harassed by other students, teachers, faculty, administration, etc.

a. If a student is discriminated against and/or harassed due to their disability they may issue a complaint.

i. Student and Teachers: If a student and/or teacher harasses and/or discriminates a student due to their disability the university will be accepted to take appropriate action. If the university fails to do so, the student has the right to sue.

ii. University: If the university harasses and/or discriminates a student due to their disability, the student has the right to issue a complaint and has the right to sue. If it has been proven that the student claim was true the university will be fined. If repeated violations occur the institution will lose their accreditation.

Part Three: Campus Awareness

a.) Students

a. Institutions will provide campus awareness of psychiatric disabilities that will shed light on the issue, tell student to warning signs of mental illnesses, and will correct the stigma of mental illnesses.

1. This can be done by; (a) Lectures, (b) Seminars (c) Having experts and other mental health survivors come into classes, dorm meetings, etc. (d) Having a mental health awareness month educating student on the issue.

b.) Faculty, Administration, Instructors

a. Faculty and Instructors will be provided with awareness of psychiatric disabilities that will shed light on the issue, tell student to warning signs of mental illnesses, and will correct the stigma of mental illnesses. They will also be provided with ways that they can help students with psychiatric disabilities in the classroom.

c.) Room Advisors

a. Room Advisors will be provided with awareness of psychiatric disabilities that will shed light on the issue, tell student to warning signs of mental illnesses, and will correct the stigma of mental illnesses. They will also be provided with ways that they can help students with psychiatric disabilities as RAs regarding advice, referral information, and crisis intervention.

Part Four: Psychiatric Treatment

a.) Student insurance and institutions must provide mental health parity for their students.

b.) The campus will provide psychiatric treatment by providing a psychiatrist on campus for students. The psychiatrist can write prescriptions for student. Visits will be unlimited. Private counseling will be provided with an unlimited number of visits.

c.) Colleges with provide a social worker to help students learn how to manage their illness in college, with daily right, in life, etc or with any other needs they may have.

d.) Colleges with provide emotional support by providing support groups with students with psychiatric disabilities can come and talk.

Part Five: Financial Aid

a.) If a student is diagnosed with a psychiatric disability and occurring an episode of it is not able to succeed academically, with appropriate medical documentation from a physician, the student may;

a. receive withdraws and late withdraws from the school; or

b. receive a sealed transcript. A sealed transcript would be like similar to juvenile seal criminal records. This means that the institution and the law, acknowledges that the said student was suffering from a serious illness at the time, while attending the institution, and was unable to perform well due to the illness. Therefore the transcript will remained sealed, meaning that it cannot be used or against a student in the future grades and getting into other schools.

c.) This law also allows for retroactive withdraws, seal transcripts, and grievances, from after the date of this law being passed.

i. The university is responsible for letting the student know this.

ii. There is no statute of limitations on this given the fact that some people get a delayed diagnosis.

b.) If a student is diagnosed with a psychiatric disability and occurring an episode of it is not able to succeed academically and has to leave school for temporary amount of time, provided that they have medical documentation from a physician, they are entitle to a refund from the institution and do not have to pay any scholarships, loans, or grants from with the institution, local, state, and federal aid programs.

Part Six: Disability Rankings

a.) The office of HEPDRA will have a website where students with psychiatric disabilities can right about there experiences with that schools disabilities department.

a. Purpose: So students with psychiatric disabilities and the public can know which schools are following the laws and which ones are psychiatric disability friendly.

Part Seven: Failure to provide

a.) If the institution does not provide and live up Part 1-5 they student has the right to issue a complaint, and has the right to sue. In addition the university will be fined. If repeated violations occur, the institution will lose their accreditation.

b.) The Department of Education will make sure that each of said institutions is living up to these standards.

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