Finding Text
Criteria Under 34 CFR 646.3(d), the TRIO Student Support Services (SSS) program requires that, at the time of admission, each participant meet at least one of the following eligibility criteria: be a low-income individual, a first-generation college student, or an individual with disabilities. This requirement is established under Program regulations at 34 CFR 646.7 define an “individual with a disability” by reference to the Americans with Disabilities Act (ADA), 42 U.S.C. 12102, which defines a disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment. Condition During our review of TRIO participant eligibility, we identified one (1) participant admitted under the disability eligibility criteria. The participant file included a doctor’s note describing a moderate to high level of refractive errors (hypermetropia and astigmatism) in both eyes and recommending corrective lenses (with UV 400, Anti-reflective and blue light filter). However, the documentation did not demonstrate a substantial limitation of a major life activity under the ADA framework. In addition, the participant did not qualify under the low-income or first-generation criteria at the time of admission. Therefore, the participant did not meet any TRIO eligibility criteria at the time of entry into the program. Cause The condition occurred because the University relied on limited documentation provided by the applicant to assess whether the evidence supported or not a disability status under the ADA definition prior to admission. Additionally, existing procedures did not ensure that eligibility determinations were based solely on documentation available at the time of program entry. Furthermore, there was no secondary or supervisory review to ensure eligibility was properly supported prior to admission. Effect The lack of appropriate eligibility assessment led to the admission of an ineligible participant into the TRIO program and the provision of associated services, resulting in noncompliance with federal requirements. Questioned Costs None. Recommendation We recommend that the University strengthen its TRIO participant eligibility review process to ensure that all students admitted to the program under the disability criteria provide appropriate supporting evidence of the disability and demonstrate that the disability results in a substantial limitation of a major life activity, in accordance with applicable federal definitions. In addition, the University should implement an independent supervisory review of disability determinations. Views of Responsible Officials Refer to Management's unaudited corrective action plan.