HIGH SCHOOL VS. COLLEGE:
Differences in the Law
What is the law?
Secondary Education: Individuals with Disabilities Act (IDEA).
Post Secondary Education: Section 504 of the Rehabilitation Act of 1973 (504)
Americans with Disabilities Act of 1990 (ADA).
What is the intent of the law?
Secondary Education: To provide free, appropriate, public education for
all students with disabilities in the least restrictive environment, including special education and related services.
Post Secondary Education: To ensure that no otherwise qualified person with a
disability is denied access to or is subject to discrimination in federally funded programs.
Who is covered under the law?
Secondary Education: All infants, children and youth requiring special
education services until the age 21 or graduation from high school.
Post Secondary Education: All qualified persons who meet entry criteria of the
college and can document a disability as defined by the ADA.
What is a disability?
Secondary Education: IDEA provides a list of disabilities and includes specific
learning disabilities.
Post Secondary Education: Any physical or mental impairment that substantially limits
one or more major life activities, having a record of such an impairment, or being regarded as having an impairment. ADA also includes HIV status, contagious & non-contagious diseases.
Who is responsible for identifying and documenting need?
Secondary Education: School districts are responsible for identifying and
evaluating students, and planning educational programs at no expense to parents or students.
Post Secondary Education: Students are responsible for self-identifying to the
college and providing documentation of their disability from a professional who is qualified to assess their particular disability. The student must assume the cost of the evaluation.
Who is responsible for initiating service delivery?
Secondary Education: School districts are responsible for providing individualized
instructional plans, special instruction, and/or accommodations.
Post Secondary Education: Students are responsible for notifying the Disability Office
of the need for accommodations (not special education) which are provided each semester for equal access to the college's programs.
What related services are mandated?
Secondary Education: School districts must provide rehabilitation counseling,
medical services, personal aides, social work and other services as needed.
Post Secondary Education: Colleges must provide physical, academic and program
access. Related services of a personal nature are the responsibility of the individual or family.
What about self-advocacy?
Secondary Education: The parent or guardian is the primary advocate. Students
learn about their disability, the accommodations they need and ways to become a self-advocate.
Post Secondary Education: Students are expected to be their own advocates.
Who is responsible for enforcing the law?
Secondary Education: IDEA is basically a funding statute, enforced by the Office
of Special Education & Rehabilitation Services in the U.S. Dept of Education.
Post Secondary Education: 504/ADA are civil right statutes, enforced by the Office for
Civil Rights (OCR), the Dept of Justice, & the Equal Employment Opportunity Commission (EEOC).