|
|
TRANSITION FROM HIGH SCHOOL TO COLLEGE: Differences in the Laws
Students with disabilities preparing for post-secondary education: Know your rights and responsibilities.
High schools and colleges are governed under different laws when it comes to providing services to students with disabilities. It is important for individuals involved in transition to know the differences between the laws that govern the secondary and post secondary setting. A summary of the laws and how they impact high school vs. college will be outlined below.
Individuals with Disabilities Education Act (IDEA), 1975
The Individuals with Disabilities Education Act, a federal law passed in 1975, reauthorized in 1990, and amended in 1997, mandates that all children receive a free, appropriate public education regardless of the level or severity of their disability. It provides funds to assist states in the education of students with disabilities and requires that states make sure that these students receive an individualized education program based on their unique needs in the least restrictive environment. P.L. 94-142 (IDEA) also provides guidelines for determining what related services are necessary and outlines a “due process” procedure to make sure these needs are adequately met. IDEA places the responsibility of identifying and providing services to students with disabilities on the shoulders of the facility itself. It requires that facilities provide
any and all services that will assist a student to be successful in elementary, middle, and high school settings. Source:
Section 504 of the Rehabilitation Act of 1973 (Subpart D)]
No otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. Source:
Subpart D applies to preschool, elementary, secondary, and adult education programs or activities that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities. Section 504 Subpart D requires all institutions receiving federal monies to provide
equal access to all their programs and activities. Source:
Americans with Disabilities Act (ADA), 1990
No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of public entity (not just facilities receiving federal funds), or be subjected to discrimination by any such entity. The ADA provided a disability definition and who is covered. The definition is as follows:
An individual is considered disabled if the following criteria are met:
- Has a physical and mental impairment that substantially limits one or more major life activities of such individual;
- A record of such an impairment, or
- Being regarded as having such impairment.
Source:
Facilities and the laws that governed them:
| Elementary and Secondary Education: |
Postsecondary Education: |
| Individuals with Disabilities Education Act, 1975 (IDEA) |
Section 504 of the Rehabilitation Act of 1973 |
| Section 504 of the Rehabilitation Act of 1973 |
Americans with Disabilities Act, 1990 |
| Americans with Disabilities Act, 1990 |
|
|
Differences in rights and responsibilities as dictated by laws:
| In elementary and secondary schooling the responsibility is left to the facility and not the student in the following ways: |
In the postsecondary setting, the responsibility is left to the individual student and facility in the following ways: |
| Identify students with disabilities (IDEA) |
Inform students of office location and procedures for requesting accommodations (Rehab Act, ADA) |
| Provide assessment of different disabilities (LD,ADHD), (IDEA) |
Accept and evaluate verifying documentation (ADA) |
| Classify disabilities according to specific diagnostic categories (IDEA) |
Determine that a mental or physical impairment causes a substantial limitation of major life activity (see ADA above) based on the student-provided verifying documentation |
| Involve parents or guardians in placement decisions (IDEA) |
Protect a students right to privacy and confidentiality (Rehab Act, ADA) |
| Provide certain non-academic services (i.e. provide attendants, physical therapy, tutoring), (IDEA) |
Determine for students who are otherwise qualified for participation in the program or services, with or without accommodations, whether a reasonable accommodation is possible (ADA) |
| Structure a large part of the students weekly schedule (IDEA) |
Make reasonable accommodations for students to meet the above qualifying criteria (ADA) |
| Modify educational programs (IDEA) |
Provide reasonable access to program and services choices equal to those available to the general public (Rehab Act, ADA) |
| Prepare Individualized Education Plans (IEP’s), (IDEA) |
Suggest reasonable adjustments in teaching methods which do not alter the essential content of a course or program (ADA) |
| Provide a free and appropriate education (IDEA) |
Assure that off-campus and contracted program facilities also comply with Section 504 (Subpart E) and ADA |
| Provide appropriate services by the school nurse or health service (IDEA) |
Inform students of their rights and responsibilities (Rehab Act, ADA) |
| Elementary and secondary institutions
provide accommodations that enable their students to have their students be successful (IDEA) |
Postsecondary facilities provide access and an
equal opportunity for students to be successful (Rehab Act, ADA) |
|
Information for Students
| Information for Faculty |
Meet the Staff | Disability Services | Health & Wellness Center
|
|
